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   Federal Courts - 3rd Circuit Court of Appeals - April 24, 2006

  
Karkkainen v. Kovalchuk, Nos. 05-1581 and 05-2202, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 24, 2006, Filed
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Overview: Denial of a mother's petition for return of child under the Hague Convention on the Civil Aspects of International Child Abduction was affirmed; the child's conduct, including her preparatory academic work and enrollment in an American school, reflected her acclimatization and a degree of settled purpose to remain in the United States.

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United States v. Pennavaria, No. 04-3556, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 24, 2006, Filed
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Overview: Government prevailed in its 18 U.S.C.S. § 3742 sentencing appeal. District court committed plain error under Booker when it sentenced defendant pursuant to mandatory federal sentencing guidelines scheme. Third Circuit precedent required that case be remanded back for resentencing. Such a remand did not violate due process ex post facto principles.

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United States v. Risha, No. 04-4677, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 24, 2006, Filed
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Overview: A remand of an order granting a new trial based on a Brady violation was necessary because the district court failed to make the necessary factual findings for its conclusion that the government had possession of impeachment information. More facts were needed to determine if there was constructive knowledge of the impeachment information.

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