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   Federal Courts - 3rd Circuit Court of Appeals - March 12, 2007

  
Gunawan v. AG of the United States, No. 05-4122, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 12, 2007, Filed
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Overview: Appeals court lacked jurisdiction under 8 U.S.C.S. § 1158(a)(3) to review denial of alien's untimely-filed asylum application. Substantial evidence supported IJ's finding that alien failed to show the he would be persecuted or tortured in Indonesia due to his Christian-Chinese identity, which was required for withholding of removal and CAT relief.

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Schwartz v. Smith Barney, NO. 06-5076, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 12, 2007, Filed
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Overview: District court properly held that it lacked jurisdiction over a felon's Fed. R. Civ. P. 65 temporary restraining order motion and civil suit seeking to compel disclosure of documents. Although 15 U.S.C.S. § 78q(a) and 17 C.F.R. §§ 240.17a-3, 240.17a-4, imposed recordkeeping requirements, 15 U.S.C.S. § 78q(a) did not create private cause of action.

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United States v. Rivas, No. 05-3380, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 12, 2007, Filed
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Overview: Government attorney properly logged in to submit information charging defendant with a prior drug felony conviction, and thus signed the filing; because the signature requirement alone created an incentive for responsible litigation, district court had a sound rationale to excuse the other, minor violations of 21 U.S.C.S. § 851.

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United States v. Shepherd, No. 05-4601, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 12, 2007, Filed
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Overview: Defendant's reasonableness challenge to within-guidelines 210 month prison term that was imposed for his 21 U.S.C.S. § 846 drug conspiracy offense was denied. District court's drug weight finding was not clearly erroneous and was supported by evidence provided by 12 witnesses. District court had adequately considered 18 U.S.C.S. § 3553(a) factors.

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United States v. Tiggett, No. 05-3287, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 12, 2007, Opinion Filed
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Overview: Defendant's conviction was affirmed because the mere fact that the government struck one African American and refused to strike any further jurors, which had the effect of keeping one African American from moving into the jury pool, simply did not establish the sort of pattern of behavior from which to draw an inference of discrimination.

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