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| Lourghi v. AG of the United States, NO. 05-2873,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 14, 2006, Filed
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Overview: Alien's petition for review was denied because he had not exhausted administrative remedies under 8 U.S.C.S. § 1252(d)(1) as his claim for CAT relief could have been raised on appeal to BIA, and although he attempted to raise claim in notice of appeal, he had previously waived right to appeal.
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| United States v. Cooper, No. 05-1447,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 14, 2006, Filed
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Overview: Despite the fact that defendant was sentenced at the highest end of the U.S. Sentencing Guidelines Manual range for a drug offense, the sentence imposed was not unreasonable because the factors under 18 U.S.C.S. § 3553(a) and defendant's arguments were considered; there was no presumption of reasonableness just because it was within the Guidelines.
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| United States v. Cooper, No. 05-1447,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 14, 2006, Filed
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Overview: District court cited the serious nature of defendant's previous drug crimes and the effect of her conduct on the public, inter alia. The district court considered the 18 U.S.C.S. § 3553(a) factors, and correctly classifying defendant as a career offender, did not err in failing to depart downward under U.S. Sentencing Guidelines Manual § 4A1.3.
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| United States v. Penzera, No. 04-2875,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 14, 2006, Filed
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Overview: Prior Third Circuit caselaw required that defendant's case be returned to the district court for resentencing where Booker was decided one year after defendant's guilty plea and six months after her sentence was imposed, and defendant was sentenced under the mandatory U.S. Sentencing Guidelines framework.
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| United States v. Persaud, No. 04-3796,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 14, 2006, Filed
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Overview: Probable cause existed to arrest defendant because officer witnessed him engage in activity consistent with drug transaction in which he handed drugs to black male who sold them to white male, and minutes later, transaction occurred between black male and woman, and when woman was stopped, she admitted that she purchased drugs down the street.
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