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   Federal Courts - 3rd Circuit Court of Appeals - March 27, 2006

  
Abdel-Whab v. United States, No. 05-4026, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 27, 2006, Filed
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Evans v. FRB of Phila., No. 05-2472, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 27, 2006, Filed
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Overview: Court dismissed employee's appeal from judgment entered in her Title VII action for failure to request and file trial transcript under Fed. R. App. P. 10(b), 3(a)(2) because court could not assess whether jury's verdict was supported by evidence without transcript and lack of transcript prevented intelligent review of instructions.

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Guifarro v. United States, No: 04-4694, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 27, 2006, Opinion Filed
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Overview: District court did not err in concluding that plaintiff's negligence defeated FTCA claims because record supported district court's finding that any negligence on part of government driver did not equal or exceed plaintiff's negligence in crossing against signal in disregard of oncoming traffic and failing to see government vehicle.

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Uniontown Hosp. v. Chauffeurs, Teamsters & Helpers, Local Union No. 491, No. 05-1403, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 27, 2006, Filed
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Overview: Where an arbtration award was rationally derived from an agreement between the parties, as well as the context of the agreement, and the arbitrator did not rely solely upon his own brand of industrial justice, there was no basis to vacate the award.

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United States v. Gomez-Fonseca, No: 05-2278, No: 05-2302, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 27, 2006, Filed
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Overview: A sentence that coincided with the applicable guideline range did not somehow change the guidelines back into a mandatory sentencing scheme; the district court properly considered the factors in 18 U.S.C.S. § 3553(a), and defendant's sentence was affirmed.

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United States v. Hackett, No. 05-1218, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 27, 2006, Opinion Filed
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Overview: Defendant's motion to suppress was properly denied where police were clearly justified in investigating because evidence at suppression hearing established that defendant was driving with an expired Pennsylvania registration plate on his car, and computer check revealed that plate had been issued for a car other than the one defendant was driving.

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United States v. Reynolds, No: 04-3183, No: 04-4264, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 27, 2006, Filed
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Overview: Sufficient evidence supported defendants' conviction for conspiracy to distribute cocaine and cocaine base because, inter alia, the single conspiracy alleged in the indictment was proved at trial based on evidence regarding the organized drug operation, the common goal among the conspirators, and cooperation between the street sellers.

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United States v. Sargeant, No: 05-1593, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 27, 2006, Opinion Filed
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Overview: Sentence imposed upon defendant's guilty plea to firearms charges was affirmed because district court considered 18 U.S.C.S. § 3553(a) factors, defendant did not identify any § 3553(a) factor that would make his sentence unreasonable, and sentence was five years less applicable statutory maximum to which he was exposed.

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United States v. Tinsley, No. 04-4245, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 27, 2006, Filed
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Overview: Because defendant's counsel may have been called as a witness to describe having seen, handled, and discussed a similar gun in the possession of defendant's girlfriend four to five years prior to the charged offenses, the district court did not abuse its discretion in disqualifying defendant's counsel.

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