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| Holpp v. Integrated Communs. Corp., No. 06-1234,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 23, 2007, Filed
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Overview: District court properly entered judgment for former employer as to terminated employee's 29 U.S.C.S. §§ 2615(a)(1), 2614(a)(1), claims. Evidence did not show any interference with employee's exercise of her FMLA rights. Employer's unrefuted evidence showed that employee was fired because of her poor job performance, not because she had taken leave.
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| Jackson v. Countrywide Home Loans, Inc. (In re Jones), No. 05-4725,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 23, 2007, Filed
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Overview: District court properly upheld summary judgment entered by bankruptcy court against Chapter 13 debtors, who filed adversary proceeding seeking to set aside 2001 sheriff's sale of their home. Even if automatic stay in debtors' prior bankruptcy case was violated, 11 U.S.C.S. § 362(d) annulment orders retroactively cured violation and validated sale.
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| Soetanto v. AG of the United States, NO. 05-5005,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 23, 2007, Opinion Filed
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Overview: Substantial evidence supported IJ's finding that alien had not suffered past persecution as current country conditions of Indonesia showed no repetition of civil rioting that occurred in 1998 and targeting of ethnic Chinese without any intervention by government officials and alien had no connection to areas experiencing continuing conflict.
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| United States v. Bernard, No. 05-4975,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 23, 2007, Filed
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Overview: A district court's factual finding that the loss attributable to defendant with respect to his part in a bank fraud conspiracy was not clearly erroneous and was in compliance with U.S. Sentencing Guidelines Manual § 1B1.3 because the loss finding was made only after an evidentiary hearing and was supported by the evidence in the record.
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| United States v. Jimenez, NO. 05-3114,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 23, 2007, Opinion Filed
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Overview: Defendant's guilty plea conviction for distributing approximately 124 grams of cocaine, a violation of 21 U.S.C.S. § 841(a)(1) and (b)(1)(A), was not result of sentencing entrapment because government did nothing more than provide him with opportunity to sell crack cocaine, an opportunity that he immediately seized in first telephone conversation.
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| Virgin Islands v. Rohn, NO. 06-2818,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 23, 2007, Opinion Filed
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Overview: Had defendant declared the marijuana in her luggage, she could not have been penalized for failure to declare under 19 U.S.C.S. § 1497, but could still be prosecuted for violating V.I. Code Ann. tit. 19, § 604(a). Thus, her subsequent prosecution under V.I. Code Ann. tit. 19, § 604(a) was not barred by the Double Jeopardy Clause.
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