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| Cisrow v. Southwoods State Prison, No. 04-2649,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 20, 2006, Submitted Under Third Circuit LAR 34.1(a) , April 20, 2006, Opinion Filed
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Overview: District court properly granted an employer's motion to enforce settlement agreement because record supported district court's findings that the employee gave her attorney express authority to settle the case and that the employee's attorney had apparent authority to bind the employee to the settlement agreement.
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| Dmitri Pani v. AG of the United States, NO. 05-2186,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 20, 2006, Filed
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Overview: Alien's petition for review was denied. Substantial evidence supported adverse credibility finding entered against him. There were material, unexplained inconsistencies between asylum application and alien's testimony; alien failed to present any corroborative evidence. Alien was given full and fair opportunity to prove his eligibility for asylum.
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| Gloeckl v. Giant Eagle, Inc., No. 05-1758,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 20, 2006, Submitted Under Third Circuit LAR 34.1(a) , April 20, 2006, Opinion Filed
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Overview: Employee's ADA claim was properly dismissed as untimely under 42 U.S.C.S. § 2000e-5(e)(1) because it was not filed within 300 days of employer's denial of employee's request to be transferred to part-time position and equitable tolling did not apply as employer did not actively mislead employee when if failed to notify her of part-time position.
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| Kagdina v. Gonzales, No. 04-3402,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 20, 2006, Filed
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Overview: An alien's petition for review was denied. She failed to show that BIA abused its discretion when it denied her second motion to reopen. BIA properly applied Lozada three-step procedure to determine if alien's ineffective legal assistance claims warranted reopening of her case. Alien was not exempted from 8 C.F.R. § 1003.2(c)(2)'s one motion limit.
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| United States v. Gray, No. 05-3416,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 20, 2006, Submitted Under Third Circuit LAR 34.1(a) , April 20, 2006, Opinion filed
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Overview: Although defendant was tried for his role in possessing and distributing cocaine from particular supplier and some of coconspirators' testimony concerned other suppliers, testimony showed that defendant was involved in conspiracy to possess and distribute at least 3.5 kilograms of cocaine, so drug quantity finding was not clearly erroneous.
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| United States v. Jones, No. 05-2653,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 20, 2006, Submitted Under Third Circuit LAR 34.1(a) , April 20, 2006, Opinion Filed
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Overview: District court's judgment of conviction and sentence was affirmed and counsel was granted leave to withdraw because conduct that occurred in 1996 and 1998 predated defendant's May 2001 offense behavior and was properly considered prior criminal conduct for the purpose of determining defendant's criminal history category.
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