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| L. L. v. Vineland Bd. of Educ., NO. 05-3801,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 27, 2006, Filed
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Overview: District court properly dismissed parent's IDEA action for fees and costs pursuant to Fed. R. Civ. P. 41(b) for failure to prosecute because most, if not all, of Poulis factors weighed in favor of dismissal; there was no reason for parent not to show up for court on two occasions and it was not clear parent was prevailing party.
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| United States v. Rottschaefer, No: 04-4015; No: 05-1229,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 27, 2006, Filed
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Overview: Where a doctor was convicted of unlawful distribution of controlled substances, in violation of 21 U.S.C.S. § 841(a)(1), use of the "no legitimate medical reason" standard did not equate to a civil, rather than a criminal, standard of liability, and its application did not amount to prosecutorial misconduct or ineffective assistance of counsel.
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| United States v. Scott, No. 05-1604,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 27, 2006, Opinion Filed
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Overview: District court judgment sentencing defendant who had pleaded guilty to offenses involving crack cocaine and cocaine to 108 month prison term was affirmed because U.S. v. Booker did not effect standard of proof for sentencing facts which remained preponderance of evidence, use of hearsay was reasonable, and sentence was not unreasonable per se.
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| Xiu Qin(j) Chen v. Gonzales, Case No: 05-1763,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 27, 2006, Filed
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Overview: Court affirmed BIA's denial of Chinese alien's motion to reopen based on new evidence consisting of letter, which BIA found "inherently unworthy of belief," because court could not say that BIA's finding that alien failed to establish "reasonable likelihood" that she would succeed on the merits was arbitrary, irrational, or contrary to law.
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