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| Dougherty v. Hassell, No. 05-1459,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 12, 2006, Filed
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Overview: Heirs challenge to 1995 tax sale, made in a partition action in which the tax sale buyer sought to receive a portion of the proceeds, failed. The tax sale complied with constitutional requirements and requirements of V.I. Code Ann. § 2491 et seq., and thus it was not void, and the attack on the sale was barred by a two-year statute of limitations.
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| Halim v. AG of the United States, No. 04-2318,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 12, 2006, Filed
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Overview: BIA's affirmance of denial of alien's application for asylum and withholding of removal because he failed to show any persecution after his return to Indonesia in 1999, was vacated as it was not based on substantial evidence. Contrary to BIA's finding, the record contained at least some evidence of persecution, which should have been considered.
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| Rutledge v. AG of the United States, NO. 05-3160,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 12, 2006, Filed
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Overview: An inmate's § 2241 habeas corpus petition was properly denied. Inmate failed to show that a hearing officer erred in finding that his possession and use of cell phone violated prison rules. Sanctions imposed upon inmate were not excessive. 28 C.F.R. § 541.13, tbl. 3, allowed forfeiture of good conduct time credits and loss of visitation privileges.
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| Slagle v. County of Clarion, No. 04-2622,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 12, 2006, Filed
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Overview: Grant of summary judgment to a former employer on an employee's Title VII retaliatory discharge claim was affirmed where the employee failed to allege in the charge that his or her employer violated Title VII by discriminating against him or her on the basis of race, color, religion, sex, or national origin, in any manner.
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| Todd v. Walters, No. 05-1020,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 12, 2006, Filed
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Overview: Inmate's claims of constitutional violations arising from the care he received while in a correctional facility were either time-barred or did not contain facts sufficient to withstand summary judgment because the inmate's factual allegations did not show that prison officials were indifferent to his medical care or created an unsafe environment.
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| United States v. Brown, No: 04-1784,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 12, 2006, Opinion Filed
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Overview: Although defendant's pro se brief did not specifically argue Booker, it was reviewed as though that challenge had been made. Defendant's sentence was vacated and his case was remanded so that he could be resentenced consistent with Booker on his plea of guilty to possession of a firearm by a convicted felon.
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| United States v. Hedgepeth, No. 04-4564,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 12, 2006, Opinion Filed
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Overview: District court did not abuse its discretion when it denied Fed. R. Crim. P. 7(d) motion to strike special findings in indictment and submitted special verdict slip to jury. The indictment was not shown or read to jury. The jury was instructed not to consider sentencing factors until and unless it found defendant guilty of firearm possession charge.
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| United States v. Lowery, No. 04-4566,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 12, 2006, Filed
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Overview: Defendant's sentence on a plea of guilty to possession of a firearm by a convicted felon was reversed and case was remanded for resentencing pursuant to Booker as district court viewed sentencing guidelines as mandatory rather than advisory, and it failed to consider the 18 U.S.C.S. § 3553(a) sentencing factors.
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| United States v. Olfano, No. 04-4611,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 12, 2006, Filed
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Overview: Enhanced sentence imposed on defendant for violation of 18 U.S.C.S. § 2252(a)(2) was reversed and resentencing was ordered where district court failed to treat sentencing guidelines as advisory, and defendant's plea agreement did not contain waiver of right to appeal or of right to have guidelines treated as advisory.
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| Virgin Islands v. Joseph, No: 05-3086,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 12, 2006, Opinion Filed
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Overview: Appellate division erred when it vacated defendant's unlawful sexual contact with minor conviction based upon a finding that territorial court had abused its discretion in denying defendant's request for psychological evaluation of 10 year old victim. Territorial court properly found that defendant failed to show substantial need for such testing.
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