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| United States v. Evans, No. 05-4511,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 16, 2007, Filed
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Overview: A restitution order was remanded, but remainder of defendant's sentence for wire and mail fraud offenses was affirmed. Evidence supported adoption of obstruction of justice and position of trust enhancements under U.S. Sentencing Guidelines Manual §§ 3C1.1, 3B1.3. Defendant was accountable for losses, as specified in four counts of his indictment.
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| United States v. Pinkerman, No. 05-4487,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 16, 2007, Filed
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Overview: While defendant argued that a district court violated his Sixth Amendment rights by relying on hearsay in determining the amount of loss he caused and that determination increased his sentence under the guidelines, defendant was resentenced under the advisory guidelines and there was nothing inappropriate in the court's consideration of hearsay.
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| United States v. Remoi, No. 05-4866,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 16, 2007, Filed
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Overview: District court did not err in applying a sentencing enhancement under U.S.S.G. § 2L1.2 after consulting only the charging document for defendant's previous offenses because the charging document made clear that defendant was convicted of having sexual contact with persons he knew were physically helpless, thereby qualifying as crimes of violence.
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| United States v. Siegel, No. 05-4537,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 16, 2007, Filed
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Overview: A within-guidelines sentence, imposed after defendant pleaded guilty to 18 U.S.C.S. § 2252A(a)(1), (b)(1), transmission of child pornography offense, was affirmed. District court properly added a criminal history point under U.S. Sentencing Guidelines Manual § 4B1.2 for two prior 8 Pa. Cons. Stat. § 3126 indecent assault offenses involving minors.
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| United States v. Vargas, No. 06-1368,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 16, 2007, Submitted Pursuant to Third Circuit LAR 34.1(a) , February 16, 2007, Filed
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Overview: District court did not err in sentencing defendant upon his illegal reentry conviction, a violation of 8 U.S.C.S. § 1326(a), (b)(2), because his sentence did not create "unwarranted disparity" under 18 U.S.C.S. § 3553(a)(6) in light of "fast-track" programs available to defendants in other districts as Congress specifically authorized disparity.
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| Watson v. Abington Twp., No. 05-4133,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 16, 2007, Filed
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Overview: In this § 1983, the district court's dismissal of plaintiffs' Fourth Amendment claim was vacated because the sweeps of the business were not in accordance with the regulatory scheme, and the district court erred in finding that the closely regulated industry exception to the warrant requirement applied based on the record before it.
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