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| Purnomo v. AG of the United States, No. 05-5192,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 7, 2007, Filed
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Overview: Whether aliens' asylum applications were untimely was unreviewable under 8 U.S.C.S. § 1158(a)(3). The aliens, ethnic Chinese Christians, failed to establish entitlement to withholding of removal under 8 U.S.C.S. § 1231(b)(3)(A) or relief under the CAT based on alleged attacks in Indonesia, as the attacks did not constitute persecution or torture.
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| Rahman v. AG of the United States, No. 05-4693,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 7, 2007, Opinion Filed
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Overview: Alien was properly held subject to removal because, while the alien applied for asylum under 8 U.S.C.S. § 1158, his asylum claim was time-barred and he failed to demonstrate a well-founded fear of future persecution, as he provided no evidence that Jordanians who lived in America were at risk of harm on their return to Jordan.
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| Taormino v. Sony Elecs., Inc., No. 05-5399,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 7, 2007, Filed
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| United States v. Casiano, No. 04-3693,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 7, 2007, Opinion Filed
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Overview: Because defendant received five letters from his attorney, which informed defendant that the court of appeals had affirmed his conviction and sentence, and that his petition for a writ of certiorari had been filed and denied, the record negated defendant's contention that equitable tolling spared his 28 U.S.C.S. § 2255 petition from dismissal.
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| United States v. Dowdy, Case No.: 06-1129,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 7, 2007, Filed
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Overview: After Booker, a defendant could not rely upon 18 U.S.C.S. § 3553(a)(6) to argue for a reduced sentence to create parity among his or her co-defendants; furthermore, the evidence of drug quantity against the co-defendant paled in significance to the evidence against defendant and defendant's sentence was affirmed.
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| United States v. Forchion, No. 06-1583,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 7, 2007, Filed
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Overview: Because defendant's appeal of a magistrate's order convicting him of possession of a controlled substance in a national park was not timely under Fed. R. App. P. 4(b), the district court lacked jurisdiction to hear his appeal, and the appellate court also lacked jurisdiction to address the merits of defendant's challenge.
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| United States v. Jackson, Case No.: 05-5147,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 7, 2007, Filed
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Overview: Because an acquittal did not prevent a court from considering it at sentencing for the underlying conduct under U.S. Sentencing Guidelines Manual § 1B1.4 (2006) and 18 U.S.C.S. § 3661, appellate court found no error by district court in considering drug quantities involved in a conspiracy - of which defendant was acquitted - as relevant conduct.
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| United States v. Jones, No. 05-4787,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 7, 2007, Opinion Filed
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Overview: Defendant's appeal, following Booker sentencing remand, was frivolous. District court had followed proper procedures when resentencing defendant for his 18 U.S.C.S. § 2119 carjacking offense. District court could make factual findings, using preponderance of evidence standard. Defendant's new 88 month sentence was below sentencing guidelines range.
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| United States v. McCrae, No. 05-4586,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 7, 2007, Opinion Filed
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Overview: Defendant's sentence was affirmed because district court discussed deterrence, protection of the community, rehabilitation of defendant, and other correctional concerns, and while district court did not explicitly rule on all 18 U.S.C.S. § 3553(a) factors, all relevant factors were thoughtfully considered and incorporated into final sentence.
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