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| Buck Consultants, Inc. v. Glenpointe Assocs., No. 05-4685,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 9, 2007, Filed
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Overview: The court affirmed the district court's finding with respect to the unreasonableness of the landlord's withholding of its consent for the sublease; the landlord repeatedly attempted to extract higher profits from the proposed sublessee by offering to exchange its consent to the sublease for an extended and expanded direct lease with higher rents.
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| Ferguson v. AG of the United States, No. 05-4368,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 9, 2007, Filed
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Overview: Lawful permanent resident - who had a history of baring his butt to women - was removable for a conviction based on lewdness because his act was considered a crime involving moral turpitude under 8 U.S.C.S. § 1227(a)(2)(A)(i)(I); the BIA properly exercised its discretion and balanced the resident's equities against his criminal conduct .
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| United States v. Hlinak, No. 06-1239,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 9, 2007, Filed
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Overview: District court did not commit plain error during a Booker resentencing for defendant's 18 U.S.C.S. §§ 982, 1957 crimes. Pursuant to U.S. Sentencing Guidelines Manual app. A, at 29, it properly applied former U.S. Sentencing Guidelines Manual § 2S1.2 to calculate advisory range for his offenses. Court sufficiently explained its sentencing rationale.
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| Xian Chun Dong v. AG of the United States, No. 05-4140,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 9, 2007, Filed
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Overview: There was no basis under 8 U.S.C.S. § 1252(b)(4)(B) for disturbing the BIA's finding that a child was ineligible for asylum. Child did not suffer personal persecution arising from his parents' opposition to China's family planning policy. Child's fear of being punished for illegal departure did not make him "refugee" under 8 U.S.C.S. § 1101(a)(42).
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| Banks v. Hayward, NO. 06-3266,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 13, 2007, Filed
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Overview: Where client claimed that his privately-retained counsel wronged him and under the circumstances the private counsel did not serve as state actors, or federal agents, the client's allegations under 42 U.S.C.S. § 1983 and Bivens did not state a claim.
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| In re Dixon, No. 07-1348,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 13, 2007, Filed
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| Moore v. Vangelo, Case No: 05-4309,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 13, 2007, Filed
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Overview: Where arrestee testified that he was in the middle of the two people fighting, and he was as punching and kicking and trying to do whatever he could do to break up the fight, the officer's use of the K-9 to curb the pandemonium was reasonable, not excessive, and not a violation of the arrestee's Fourth Amendment rights.
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