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| Bazuaye v. Chertoff, NO. 06-4972,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 20, 2007, Filed
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Overview: District court properly denied appellant's motion to reopen time to appeal pursuant to Fed. R. App. P. 4(a)(6) because he did not file his motion until more than four months after he received actual notice that district court had dismissed his habeas petition, and pursuant to Fed. R. Civ. P. 77(d), appellant had duty to inquire into status of case.
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| In re Insilco Techs., Inc., No. 06-2162,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 20, 2007, Opinion Filed
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Overview: By agreeing that certain loans were allowable claims under 11 U.S.C.S. § 502, debtors and creditors' committee necessarily agreed that the loans were true loans; thus, under the settlement agreement, the action of trustee for recharacterization was barred. Likewise, the agreement prohibited 11 U.S.C.S. § 510(c)(1) equitable subordination actions.
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| Pettey v. Sherman, NO. 06-3607,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 20, 2007, Filed
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Overview: Defendant's 28 U.S.C.S. § 2241 petition was properly dismissed because pursuant to 18 U.S.C.S. § 3585(b), BOP could not credit defendant with time spent in custody that had been credited against his state sentence as his parole was revoked because state parole commission found he was not good candidate for parole not because of federal detainer.
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| Spencer v. Eristoff, No. 06-3970,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 20, 2007, Filed
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| United States v. Bailey, No. 05-4356,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 20, 2007, Filed
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Overview: Inventory search of defendant's vehicle was consistent was not unconstitutional as police lieutenant testified that he followed same inventory search procedure in case as he had since he became officer in 1993, he had been trained to follow that procedure, and procedure that he followed was in accord with department's written policy.
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| United States v. Ventura, No. 05-4940,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 20, 2007, Filed
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Overview: Counsel was granted leave to withdraw and defendant's conviction and sentence were affirmed because record showed that plea colloquy was adequate and defendant gave knowing, voluntary, and informed admission to the charges and knowingly and voluntarily waived his right to appeal, and district court properly found that defendant was career offender.
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| Young v. Beard, NO. 06-3621,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 20, 2007, Filed
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Overview: Prison officials were properly granted summary judgment on inmate's § 1983 claim that they issued false misconduct reports in retaliation for his filing administrative grievances because disciplinary charges had evidentiary basis, and inmate failed to cite any evidence undermining claim that challenged conduct was motivated by legitimate concerns.
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