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   Federal Courts - 3rd Circuit Court of Appeals - March 2, 2007

  
United States v. Cousin, No. 05-3454, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 2, 2007, Filed
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Overview: Defendant's appeal, which challenged his 21 U.S.C.S. § 841(a)(1) conviction and sentence, was denied as frivolous. Suppression motion was properly denied because officers had probable cause to arrest and search defendant. District court properly adopted enhancements under U.S. Sentencing Guidelines Manual §§ 2d1.1(b)(1), 4A1.1(c), 4A1.2(d)(2)(B).

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United States v. Midgley, No. 05-5019, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 2, 2007, Filed
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Overview: Against the backdrop of a detailed description recounting how defendant decided to shoot his girlfriend and then shot her, and considering that the district court sentenced defendant below the guidelines range, the application of a 16-level enhancement under U.S. Sentencing Guidelines Manual § 2L1.2(b)(1)(A) was not a miscarriage of justice.

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United States v. Redding, No. 06-1698, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 2, 2007, Filed
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Overview: Considering the substantial time period covered and number of transactions - defendant deposited approximately 100 checks payable to his employer - demonstrated that defendant's conduct was not purely opportune and a two-level increase for more than minimal planning under former U.S. Sentencing Guidelines Manual § 2F1.1 was appropriate.

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