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   Federal Courts - 3rd Circuit Court of Appeals - March 8, 2006

  
Adegbuji v. Fifteen Immigration & Customs Enforcement Agents, NO. 05-1506, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 8, 2006, Filed
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Overview: Dismissal of deportee's claims against customs agents was proper; 8 U.S.C.S. § 1252 barred judicial review of Bivens and 42 U.S.C.S. § 1985 claims, force used to get deportee on plane for return home was not excessive, his allegations did not support claim of conspiracy to deprive him of personal property, and his FTCA claims were not exhausted.

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Farber v. City of Paterson, No. 04-4498, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 8, 2006, Filed
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Overview: 42 U.S.C.S. § 1985(3) does not provide a cause of action for individuals allegedly injured by conspiracies motivated by discriminatory animus directed toward their political affiliation. Thus, the district court's denial of the union's motion to dismiss the employee's § 1985(3) claim was reversed.

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United States v. Jones, No. 04-4736, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 8, 2006, Filed
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Overview: Testimony from four task force members that while struggling with defendant as they arrested him on a bench warrant they observed a gun in his waistband, which was retrieved and used as basis for his 18 U.S.C.S. § 922 arrest, was sufficient to support his conviction on the charge. Fingerprint evidence connecting him to the gun was unnecessary.

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United States v. Lizardo, NO. 05-4505, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 8, 2006, Filed
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Overview: District court properly denied inmate's petition for reduction of sentence filed pursuant to 18 U.S.C.S. § 3582(c)(2) because United States Supreme Court's decision in Booker was not equivalent of a United States Sentencing Guidelines amendment made by Sentencing Commission and Booker was not retroactively applicable to cases on collateral review.

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