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| Moles v. Holt, No. 06-4359,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 23, 2007, Filed
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Overview: An inmate's § 2241 habeas petition was properly denied. He failed to show that his due process rights were violated during a prison disciplinary hearing, which resulted in loss of good time credit. Inmate was allowed to present witnesses and was given an opportunity to refute charges. "Some evidence" supported the hearing officer's guilty finding.
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| Santiago v. Nash, NO. 06-4396,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 23, 2007, Filed
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Overview: The order denying an inmate's 28 U.S.C.S. § 2241 habeas corpus petition was affirmed because some evidence existed to support the Disciplinary Hearing Officer's conclusions; although the inmate argued that he had no knowledge of the needle's presence, it was found within an area that the inmate was responsible for keeping contraband-free.
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| Trisno v. AG of the United States, No. 05-5204,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 23, 2007, Opinion Filed
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Overview: Substantial evidence supported IJ's finding that an alien failed to meet his burden of showing that he was eligible for asylum under 8 U.S.C. § 1158, for withholding of removal under 8 U.S.C. § 1231, or relief under the CAT. Alien did not show that he suffered past, or would suffer future persecution, in Indonesia because he was Chinese-Chrisitian.
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| United States v. Goodman, Nos.: 06-2073 & 06-2599,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 23, 2007, Filed
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Overview: Defendant's appeal of his below-guidelines 144 month sentence was denied. Sentence, which was imposed for drug and firearm offenses, was not unreasonable. District court had separately addressed each 18 U.S.C.S. § 3553(a) factor, it had exercised independent judgment in weighing the factors, and it had thoroughly explained its sentencing rationale.
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| United States v. Vargas, No. 06-1368,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 23, 2007, Decided
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| Lindsey v. Caterpillar, Inc., No. 05-4406,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 26, 2007, Filed
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Overview: A widow's claim brought under New Jersey's Products Liability Act, N.J. Stat. Ann. §§ 2A:58C-1 to 58C-11, was not preempted because it fit squarely within the scope of the Occupational Safety and Health Act's savings clause, 29 U.S.C.S. § 653(b)(4), in that it asserted her rights under state law with respect to her husband's death.
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| United States v. Hairston, No. 05-3727,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 26, 2007, Filed
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Overview: Defendant's sentence was affirmed because at resentencing, district court gave meaningful consideration to the 18 U.S.C.S. § 3553(a) factors and applied them reasonably to the facts of defendant's case as it explained that sentence imposed was sufficient but not greater than necessary, promoted respect for the law, and provided just punishment.
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| Tucker v. County of Bucks, No. 06-2215,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 27, 2007, Filed
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Overview: District court properly dismissed a father's § 1983 class action suit on mootness grounds after the county court custody proceeding, which gave rise to the father's constitutional claims, was settled. The fact that father filed a class action complaint was irrelevant for mootness purposes because he had never sought to certify a class in the suit.
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| Watson v. Comm'r of Soc. Sec., No. 06-1973,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 27, 2007, Filed
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Overview: The denial of a claimant's entitlement to benefits under the Social Security Act was affirmed because the ALJ did recite and evaluate the evidence of record, including several medical examinations and reports by physicians and psychologists and there was no evidence that the claimant suffered a disability for a continuous period of 12 months.
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