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| United States v. Ishmail, No. 04-3713,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 28, 2006, Filed
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Overview: Defendant's sentence was vacated and remanded for resentencing in accordance with Booker where the sentencing issues defendant raised, which concerned the fact that the district court considered his prior convictions in sentencing defendant, were best determined by the district court in the first instance.
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| United States v. Jackson, No. 05-2580,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 28, 2006, Opinion Filed
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Overview: Parent's failed to take measures to ensure her child's attendance at school. That offense arose out of her status as an adult responsible for a child, and was not similar to a juvenile status offense or truancy. Thus, assignment of a criminal history point under U.S. Sentencing Guidelines Manual § 4A1.1(c) for this conduct was not in error.
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| United States v. Keeney, No. 05-1869,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 28, 2006, Opinion Filed
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Overview: Defendant's 18-month sentence for violating 18 U.S.C.S. § 1952(a)(3) was affirmed because district court adequately considered 18 U.S.C.S. § 3553(a) factors by calculating applicable USSG range and finding that advisory range adequately reflected interests to be balanced such as punishment, deterrence, and recognition on community's behalf.
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| United States v. Knighton, No. 05-1935,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 28, 2006, Filed
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Overview: Sentence imposed upon defendant's bank robbery conviction, punishable under 18 U.S.C.S. § 2113(a), was properly enhanced under USSG § 2B3.1(b)(5) without a finding of intent because terms of 18 U.S.C.S. § 2119, which contained intent element, did not control USSG § 2B3.1(b)(5)'s definition of carjacking, which did not require finding of intent.
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| United States v. Ramos, No. 04-3746,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 28, 2006, Filed
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Overview: Government did not violate Speedy Trial Act, 18 U.S.C.S. § 3161, because clock began to run on date of his initial appearance in federal court, not when he first appeared in state court or when he was sentenced in state court, and he was timely tried thereafter.
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| United States v. Reyes, No. 05-1931,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 28, 2006, Filed
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Overview: District court granted a two-level reduction in defendant's offense level for acceptance of responsibility and sentenced defendant to 135 months on her guilty plea to conspiracy to distribute drugs. District court singled out the need for deterrence and protection of the community under 18 U.S.C.S. § 3553(a); the sentence was in a reasonable range.
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| United States v. Trader, NO. 05-4723,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 28, 2006, Filed
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Overview: Denial of motion under Fed. R. Crim. P. 35(a) was affirmed. Defendant's sentence--25 years for armed robbery--was not illegal. Defendant's rationale for re-filing a Rule 35(a) motion, that the district court never applied the facts or the law to petitioner's claims, was meritless.
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| Vega v. City of New Brunswick, No. 05-1873,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 28, 2006, Submitted Under Third Circuit LAR 34.1(a) , February 28, 2006, Filed
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Overview: Summary judgment was properly granted to a city on a claim of racial discrimination filed by minority firefighters because the firefighters' evidence did not support a conclusion that a lowered starting pay rate was imposed on the firefighters because of their race. The new rate, a product of union negotiations, was applied evenly to all new hires.
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| Wijaya v. AG of the United States, No. 04-4738,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 28, 2006, Filed
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Overview: Indonesian alien was properly denied asylum and withholding of removal because substantial evidence supported IJ's finding that alien did not show that Indonesian government was unable or unwilling to protect ethnic Chinese Christians from harm so she failed to show that she suffered, or might suffer, "persecution" or "torture" in Indonesia.
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| Zheng v. AG of the United States, No. 05-1605,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 28, 2006, Filed
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Overview: Alien's failure to recall detail, the numerous discrepancies between the alien's testimony, initial application for asylum, and subsequent amendments, and the lack of explanation for these discrepancies all supported the IJ's unfavorable credibility determination; alien was ineligible for asylum under 8 U.S.C.S. § 1158.
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