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| Mazzella v. Pa. Dep't of Ins., No. 06-2325,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 17, 2007, Filed
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Overview: Doctrine of issue preclusion barred shareholder's claims regarding liquidation of insolvent insurance company because there was valid final state-court judgment, same parties were involved, and shareholder's civil rights, civil conspiracy, and breached of fiduciary duty claims implicated issues that were decided by and necessary to state judgment.
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| Mooi Kue Go v. AG of the United States, No. 05-3236,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 17, 2007, Filed
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Overview: Indonesian alien who was ethnic Chinese and Catholic was properly denied withholding of removal under 8 U.S.C.S. § 1231(b)(3)(A) because isolated acts by Muslim man who harassed and threatened alien on three occasions and only once referred to alien's religion did not rise to level of persecution and evidence did not show pattern of persecution.
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| Rodriguez v. Comm'r of Soc. Sec., Case No: 06-2810,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 17, 2007, Filed
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Overview: District court's affirmance of Social Security Commissioner's denial of benefits to claimant under Title II of the Social Security Act was vacated because ALJ failed to explain why he did or did not credit medical evidence that claimant had a non-exertional limitation with respect to his ability to concentrate for extended periods of time.
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| United States v. David, No. 05-5500,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 17, 2007, Filed
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Overview: Defendant, who was convicted of possession of a firearm by a convicted felon in violation of 18 U.S.C.S. § 922(g)(1), was properly denied either acquittal or a new trial under Fed. R. Crim. P. 29 and 33; testimony by police officers that they found a gun in a coat defendant had been wearing was sufficient to convict defendant.
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| United States v. Hough, No. 05-3241, No. 05-3451,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 17, 2007, Filed
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Overview: Counsel's request to withdraw was granted pursuant to 3rd Cir. R. 109.2 because appellate court was satisfied that counsel thoroughly examined record for appealable issues and accurately determined that no non-frivolous issues existed, and appellate court's independent review of record and case law did not reveal any non-frivolous issues.
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| United States v. Lowe, No. 05-2060,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 17, 2007, Filed
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Overview: Defendant's appeal from his 18 U.S.C.S. §§ 2119, 924(c), (o), carjacking, conspiracy, and use of firearm to further crime of violence convictions was denied because the government presented sufficient evidence to support convictions. Evidence showed that defendant planned with others to commit robberies and that cars were taken during that scheme.
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| United States v. Pojilenko, No. 06-1354,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 17, 2007, Opinion filed
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Overview: Defendant's sentence was affirmed because district court considered relevant 18 U.S.C.S. § 3553(a) factors and characteristics of offense, and it looked at defendant's new mitigation evidence and understood guidelines suggested range of 108-135 months, but found that 168-month sentence was proper given seriousness of defendant's crimes.
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| United States v. Villar, No: 06-1762,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 17, 2007, Opinion Filed
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Overview: Defendant's sentence for illegally reentering United States under 8 U.S.C.S. § 1326(a), (b)(2), was affirmed because disparity in his sentence due to lack of "fast track" program under USSG § 5K3.1 was sanctioned by Congress, so district court was not required to mitigate it when fashioning appropriate sentence under 18 U.S.C.S. § 3553(a).
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| Villa-Lopez v. AG of the United States, No. 06-4822,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 17, 2007, Filed
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