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| Sunoco, Inc. v. Ill. Nat'l Ins. Co., No. 05-4992; No. 06-1295,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 31, 2007, Filed
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Overview: Insurer had a duty to defend as to 76 of 77 underlying cases arising from insureds' distribution of gasoline containing an additive, which allegedly caused groundwater contamination; the cases constituted a single occurrence, so self-insured retention requirements were met. However, one case alleged different claims and was a different occurrence.
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| United States v. Alexander, No. 05-5145,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 31, 2007, Filed
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Overview: Defendant's 70-month sentence for illegal reentry in violation of 8 U.S.C.S. §§ 1326(a) and (b)(2) was reasonable because the sentence was within the advisory guidelines range and the record demonstrated that the district court meaningfully considered the necessary 18 U.S.C.S. § 3553(a) factors and applied them to the circumstances.
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| United States v. Johnson, No. 05-4397,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 31, 2007, Filed
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Overview: Defendant's 37-month sentence imposed following his guilty plea to escaping from correctional facility under 18 U.S.C.S. § 751(a) was reasonable because district court considered relevant 18 U.S.C.S. § 3553(a) and weighed defendant's particular circumstances, such as reasons behind his escape, which were to care for his ailing father.
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| White v. Holt, NO. 06-3632,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 31, 2007, Filed
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Overview: Inmate's § 2241 petition was properly dismissed because his situation was not rare one rendering § 2255 inadequate or ineffective; § 2255 was not inadequate or ineffective for federal prisoner seeking to raise Apprendi claim in § 2241 proceeding, and Booker did not change substantive law as to elements of offenses for which inmate was convicted.
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| Yan Yun Qiu v. AG of the United States, No. 05-3295,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 31, 2007, Filed
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Overview: BIA properly denied alien's motion to reopen her case because alien's arguments were insufficient to show that BIA held alien's motion to reopen to higher burden of proof standard than what was required for prima facie showing of asylum, and birth of her children in U.S. was not sufficient for her to make prima facie showing of asylum eligibility.
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