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   Federal Courts - 3rd Circuit Court of Appeals - April 26, 2006

  
Coulthrust v. AG of the United States, NO. 05-4151, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 26, 2006, Filed
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Leech v. Barnhart, No. 05-2107, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 26, 2006, Filed
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Overview: District court properly affirmed Social Security Commissioner's denial of DIB because evidence supported ALJ's finding that claimant retained residual functional capacity to perform light, sedentary work, and Commissioner's finding that claimant could perform jobs that existed in significant numbers in national economy was also well-founded.

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Ming Shan Wang v. AG of the United States, No. 04-4707, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 26, 2006, Filed
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Overview: Alien's motion to reopen was properly denied under 8 U.S.C.S. § 1229a(c)(7)(B); although alien's affidavit stated that after hearing, she was informed that Chinese government officials were looking for her, affidavit failed to show how she received information, when officials began looking for her, or that information was not available earlier.

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Ray v. Barnhart, NO. 05-2962, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 26, 2006, Filed
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Overview: Substantial evidence supported ALJ's denial of continuation of benefits pursuant to 20 C.F.R. § 404.316(c)(1) based on claimant's participation in vocational rehabilitation program; ALJ reasonably found that claimant was not participating in program that would significantly increase likelihood that she would not return to disability benefit rolls.

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United States v. Clark, No. 05-2201, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 26, 2006, Opinion Filed
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Overview: Court dismissed defendant's appeal from sentence imposed upon his conviction for possession of a firearm by a convicted felon because defendant's plea agreement contained appeal waiver, there was nothing in record suggesting that government agreed not to seek USSG § 2K2.1(b)(5) enhancement, and government did not seek enhancement.

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United States v. Cunningham, No. 05-3535, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 26, 2006, Filed
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Overview: Defendant's sentence for criminal conspiracy, armed bank robbery and bank robbery, and use of a firearm in relation to a crime of violence convictions was affirmed because record adequately showed that district court meaningfully considered 18 U.S.C.S. § 3553(a) factors by discussing nature of offense, its effect on victims, and egregious facts.

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United States v. Gonzalez, Case No: 05-3369, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 26, 2006, Filed
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Overview: Because the district court erroneously adopted the PSR's overstated calculation of the amount of heroin involved, and erroneously precluded from consideration the mitigating role guideline in U.S. Sentencing Guidelines Manual § 3B1.2 merely because defendant was not charged with a conspiracy, defendant's sentence was vacated and remanded.

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United States v. Panaro, No. 05-2562, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 26, 2006, Opinion Filed
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Overview: Defendant's sentence was affirmed on appeal. District court properly adopted enhancements under U.S. Sentencing Guidelines Manual § 3C1.1 and U.S. Sentencing Guidelines Manual § 2B1.1(b)(2) (2005); defendant used telemarketing to commit his crimes, and his trial testimony was not truthful. No plain error with regard to loss calculation was shown.

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United States v. Ransome, No. 05-1360, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 26, 2006, Opinion Filed
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Overview: Court dismissed defendant's appeal because court found no reversible trial errors and defendant's sentencing was also free from error as district court recognized its discretion under Booker and imposed sentence that was beneath applicable advisory guideline range and reasonable in light of defendant's prior violent felony convictions.

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United States v. Tommassello, No. 05-5022, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 26, 2006, Filed
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