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| Smriko v. AG of the United States, No. 05-5346,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 30, 2007, Filed
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Overview: Alien's petition for review of removal order was denied because BIA's decision that refugee who had adjusted status to lawful permanent resident could be placed in removal proceedings, even though refugee status was never formally terminated, was found to be reasonable interpretation by BIA, and that ruling bound resolution in instant case.
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| United States v. Cannon, No. 05-3855,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 30, 2007, Filed
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Overview: Defendant's 21 U.S.C.S. § 844(a) and 18 U.S.C.S. § 922(g)(1) convictions were affirmed on appeal. Appeals court had previously held that § 922(g) was constitutional under the Commerce Clause. Unidentified woman's out-of-court statement was not inadmissible hearsay and was also non-testimonial for U.S. Const. amend. VI Confrontation Clause purposes.
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| United States v. Murray, No. 06-1439,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 30, 2007, Filed
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Overview: District court's imposition of 51-month sentence following defendant's reentry conviction, a violation of 8 U.S.C.S. § 1326 (a), (b)(2), was affirmed because district court expressly stated that sentencing guidelines were advisory, calculated applicable guidelines range, considered 18 U.S.C.S. § 3553(a) factors, and weighed his circumstances.
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| VFB LLC v. Campbell Soup Co., No. 05-4879,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 30, 2007, Filed
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Overview: Parent company did not engage in a fraudulent transfer violating N.J. Stat. Ann. § 25:2-25(b) or § 25:2-27(a) when it sold several food companies to a wholly-owned subsidiary, which later declared bankruptcy, because the district court did not err in concluding that, at the time of the sale, the subsidiary received reasonably equivalent value.
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| Wachtel v. Health Net, Inc., Nos. 06-3031/3032,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 2, 2007, Opinion Filed
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Overview: District court erred in applying the fiduciary exception to the attorney-client privilege to an ERISA insurer because, when a contractual service provider such as the insurer obtained legal advice regarding the execution of its fiduciary obligations, the beneficiaries of the plans were not the real clients obtaining legal representation.
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