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| United States SEC v. Infinity Group Co., No. 06-4158,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 5, 2007, Filed
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Overview: A district court did not abuse its discretion when it approved a pro rata distribution of assets to victims of "Ponzi" scheme. Caselaw supported pro rata distribution when many innocent victims were defrauded. District court did not err in concluding that distinguishing between victims, based on when they invested in scheme, would not be equitable.
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| United States v. Felix, No: 05-5089,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 5, 2007, Opinion Filed
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Overview: Defendant's motion for new trial based on Government's Brady violation in suppressing arrest warrant for prosecution witness was properly denied because warrant had no bearing on strength of witness's initial identification of defendant, which occurred before robbery and issuance of warrant, and warrant could not have been used to impeach witness.
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| United States v. Peralta, No: 05-4550,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 5, 2007, Filed
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Overview: Defendant's allegedly minor or minimal role in conspiracy did not justify downward adjustment in his sentence because role was not minor merely because other participants might have been more culpable, he arranged with undercover agent to pick up $ 15,000 worth of cocaine for resale, and codefendant's role was more limited than defendant's.
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| United States v. Watson, No. 05-3892,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 5, 2007, Filed
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Overview: Defendant's 10-year sentence for a bank robbery conviction was reasonable because the district court gave meaningful consideration to the 18 U.S.C.S. § 3553(a) factors. While defendant argued that this was a life sentence in light of his short life expectancy, the court considered his medical condition and imposed a term below the Guidelines range.
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| Vanderbeek v. Barefoot, No. 06-1493,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 5, 2007, Filed
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Overview: Liquidated damages clause in an agreement for purchase of a Chapter 11 debtor's assets was reasonable and enforceable; actual damages were difficult to determine when the agreement was formed, and the fact that the debtor ultimately received more for the assets than it would have received under the agreement did not render the clause unreasonable.
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| Xiu v. AG of the United States, No. 05-4971,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 5, 2007, Filed
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Overview: Alien's asylum application, based on alleged political persecution in China, was properly denied. Substantial evidence supported IJ's adverse credibility determination. IJ properly considered statements made during immigration interviews. Those statements conflicted with alien's hearing testimony on issues that went to heart of her asylum claims.
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