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   Federal Courts - 3rd Circuit Court of Appeals - April 23, 2007

  
Ajjahnon v. State, No. 06-4854, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 23, 2007, Filed
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Overview: District court properly dismissed plaintiff's complaint as frivolous under 28 U.S.C.S. § 1915(e)(2)(B)(I) because Rooker-Feldman doctrine deprived district court of jurisdiction to review claims as plaintiff explicitly alleged injuries suffered from previous state court judgments and sought reversal or modification of those judgments.

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Hrinakova v. AG of the United States, No. 06-2795, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 23, 2007, Filed
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Overview: An alien's petition for review was summarily denied pursuant to 3rd Cir. R 27.4. Alien waived her right to challenge IJ's changed country condition finding, which was determinative as to her asylum application. Alien failed to show that IJ prevented her from presenting her case, which was necessary to establish violation of her due process rights.

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Moore v. Vislosky, Nos. 06-1232, 06-1304, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 23, 2007, Filed
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Overview: District court properly denied a motion for judgment as a matter of law filed by a defendant in a defamation action because there was sufficient evidence to permit a reasonable jury to conclude that defendant, a citizen activist, had a high degree of awareness of the probable falsity of her statements when she accused road inspectors of corruption.

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Quan Fa Lin v. AG of the United States, No. 05-5267, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 23, 2007, Filed
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Overview: Alien was properly denied asylum because sufficient material inconsistencies in his testimony regarding where he lived, worked, and started his family, and his wife's sterilization, supported IJ's adverse credibility determination; substantial evidence also supported denial of asylum as alien had no evidence that wife was sterilized by force.

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United States v. Ernst, No. 05-5260, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 23, 2007, Filed
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Overview: Imposition of 13-month sentence following revocation of defendant's probation under 18 U.S.C.S. § 3565(a)(2) was affirmed because he was sentenced at low-end of guidelines range set forth in U.S. Sentencing Guidelines Manual § 7B1.4(a)(1), which was below Government's recommended sentence, and district court considered defendant's offenses.

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United States v. Shall, No. 06-2710, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 23, 2007, Filed
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Overview: District court properly denied downward adjustment for mitigating role pursuant to USSG § 3B1.2 when sentencing defendant for making false statement to federally licensed firearms dealer, a violation of 18 U.S.C.S. § 922(a)(6), because defendant had personal relationship with another participant and her actions were critical to success of venture.

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