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| Healey v. Comcast of Southeast Pa., Inc., Case No: 04-1881,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 16, 2007, Filed
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Overview: Owners of apartment complexes could not terminate a cable service provider's access on a building-wide basis under 47 C.F.R. § 76.804(a) because the provider had a right to serve some of the units, and the owners were precluded from using the unit-by-unit procedure of § 76.804(b) because they did not give proper notice.
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| Lian v. AG of the United States, No. 05-4995,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 16, 2007, Filed
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Overview: Alien was not eligible for asylum under 8 U.S.C.S. § 1158 or other relief from removal to China; although he claimed that his "wife" had been forced to undergo an abortion, substantial evidence supported an IJ's conclusion that the alien's "wife" was only his girlfriend, and a girlfriend's forced abortion did not qualify the alien for asylum.
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| Pediatric Affiliates v. United States, No. 06-1979,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 16, 2007, Opinion Filed
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Overview: A taxpayer's suit against the government, challenging tax deficiency, was properly dismissed. Pursuant to 26 U.S.C.S. § 3403, taxpayer was required to pay over payroll taxes, and fact that payroll company founder had embezzled tax money did not relieve it of its duty to pay taxes. It could have minimized interest by promptly paying tax deficiency.
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| United States v. Brown, 05-2505,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 16, 2007, Opinion Filed
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Overview: The government presented sufficient evidence to support defendant's conspiracy to commit armed carjacking conviction under 18 U.S.C.S. § 2119. The government had to prove a conspiratorial agreement to use force. The evidence showed that defendant planned with two others to forcibly steal two cars and that gunfire broke out when the plan went awry.
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| United States v. Johnson, 05-4052,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 16, 2007, Filed
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Overview: Defendant's armed carjacking conviction under 18 U.S.C.S. § 2119 was affirmed because evidence that defendant attempted to gain control of cars belonging to violent drug dealer, that he commandeered a tow truck towing one of the cars, and that coconspirators shot truck driver and bystander, was sufficient to establish that he had required intent.
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| United States v. Kent, Nos. 06-4802, 06-4952,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 16, 2007, Filed
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Overview: Where claims fell within the purview of 28 U.S.C.S. § 2255 and appellant failed to demonstrate that § 2255 was inadequate or ineffective, the claims could have been presented in a § 2255 motion; raising them in a 28 U.S.C.S. § 2241 petition amounted to nothing more than an attempt to circumvent the gatekeeping provisions of 28 U.S.C.S. § 2255.
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| United States v. Ordaz, No. 05-3889,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 16, 2007, Opinion Filed
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Overview: Defendant's challenge to his within-guidelines 298 month sentence was denied. Preponderance of evidence supported district court's drug quantity and role in conspiracy findings. U.S. Sentencing Guidelines Manual §§ 2D1.1(c)(4), 3B1.1(b), applied, based on those findings. Court also gave meaningful consideration to the 18 U.S.C.S. § 3553(a) factors.
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| United States v. Wilson, Case No: 06-2511,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 16, 2007, Filed
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Overview: Defendant's sentence was affirmed because district court addressed defendant's legal and factual arguments and considered relevant 18 U.S.C.S. § 3553(a) factors as reflected in its explanation for denying request for USSG § 4A1.3(b) departure on basis that defendant's criminal history category overstated seriousness of his past criminal history.
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