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| Gravely v. Speranza, No. 06-1592,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 5, 2007, Filed
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Overview: A district court properly granted summary judgment to defendants in arrestee's suit. Arrestee's failure to preserve evidence and falsification of official records claims were barred by Heck doctrine. His U.S. Const. amend. IV excessive force claim failed as matter of law. Officers used objectively reasonable amount of force when they shot arrestee.
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| Ozmen v. AG of the United States, No. 05-3528,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 5, 2007, Submitted Under Third Circuit LAR 34.1(a) , March 5, 2007, Filed
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Overview: Petition for review was denied. Substantial evidence supported IJ's finding that alien failed to establish his eligibility for asylum. He failed to show that he suffered past persecution, or had reasonable fear of future persecution, in Turkey because he was homosexual. Peer harassment and police detention did not rise to the level of persecution.
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| Ray v. New Jersey, No. 06-1521,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 5, 2007, Filed
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Overview: Prisoner's in forma pauperis appeal was dismissed under 28 U.S.C.S. § 1915(e)(2)(B) because it was meritless. The prisoner's § 1983 suit was properly dismissed because the individuals and entities sued in suit had immunity, did not act under color or law, were not "persons" for § 1983 purposes, or had no personal involvement in alleged misconduct.
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| United States v. Bungar, No. 05-5519,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 5, 2007, Opinion Filed
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Overview: Five year maximum term that was imposed on defendant under 18 U.S.C.S. § 3583(e)(3), after his supervised release term was revoked, was not unreasonable. District court gave meaningful consideration to the 18 U.S.C.S. § 3553(a) factors. Defendant's continued drug use constituted breach of trust and supported finding that he was threat to community.
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| United States v. Robinson, No. 05-5330,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 5, 2007, Filed
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Overview: Defendant's U.S. Const. amend. VI Confrontation Clause challenge to district court's consideration of hearsay evidence at his sentencing hearing was rejected. Confrontation Clause applied only to criminal trials, not sentencing. There was sufficient indicia of reliability because hearsay evidence was based on taped confessions made by drug buyers.
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| United States v. Robinson, No. 05-5330,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 5, 2007, Filed
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Overview: District court properly admitted a narcotics officer's hearsay testimony at sentencing hearing, after defendant pleaded guilty to 21 U.S.C.S. § 841(a)(1), (b)(1)(C), cocaine possession offenses. U.S. Const. amend. VI Confrontation Clause did not apply to sentencing. Testimony met due process requirements. It had a sufficient indicia of reliability.
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