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| Orriols v. Comm'r of Soc. Sec., No. 06-2268,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 25, 2007, Filed
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Overview: SSI benefits claimant's blood tests were normal and her intellectual functioning was adequate, which supported an ALJ's finding that the claimant's mild liver disease and depression were not severe enough to qualify as an impairment and the claimant was not disabled within the meaning of 42 U.S.C.S. §§ 423(d)(2)(A), 1382 of the Social Security Act.
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| Roberts v. Newark Pub. Schs, No. 05-5405,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 25, 2007, Opinion Filed
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Overview: Teacher's snow-day pay was not a matter of public concern because it did not involve a serious allegation of the school district not discharging its governmental responsibilities, actual or potential wrongdoing, or a breach of the public trust; thus, teacher's First Amendment claim was properly dismissed by summary judgment.
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| United States v. Batista, No. 05-2949,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 25, 2007, Filed
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Overview: Where district court's conclusion that defendant knowingly feigned mental illness was supported by ample evidence, including the reports of three independent doctors who found that defendant was feigning mental illness, the appellate court upheld a two-level enhancement for obstruction of justice under U.S. Sentencing Guidelines Manual § 3C1.1.
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| United States v. Fisher, No. 06-1877,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 25, 2007, Filed
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Overview: District court did not err in enhancing defendant's guideline offense level under the Armed Career Criminal Act, U.S. Sentencing Guidelines Manual § 4B1.4, based on evidence of three prior convictions because recidivism did not need to be proven to a jury beyond a reasonable doubt when used as a sentencing factor.
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| United States v. Stile, NO. 06-3083,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 25, 2007, Filed
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| United States v. Wogan, Case No.: 06-2675,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 25, 2007, Filed
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Overview: A district court did not commit plain error when it imposed 12-month sentence after revoking defendant's supervised release. The district court's consideration of the need to promote respect for the law factor set out in 18 U.S.C.S. § 3553(a)(2)(A) was not error per se, even though 18 U.S.C.S. § 3583(e) did not require consideration of that factor.
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| Yu Yun Huang v. AG of the United States, No. 06-2784,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 25, 2007, Filed
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Overview: BIA properly denied an alien's application for relief under the CAT because the alien failed to establish that she was more likely than not to be tortured if returned to China. Her contention that she would be imprisoned if she failed to pay her father's debt was purely speculative and was not corroborated by any affidavits or documents.
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