United States Third Circuit - November 2003 Opinion Summaries

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Description Date Docket #

WILSON v. ASHCROFT

United States Third Circuit
Criminal Law & Procedure, Habeas Corpus, Immigration Law
The district court is reversed and remanded to determine whether petitioner's state crime was either a state drug trafficking felony or the equivalent...
11/26/2003 03-1414

BREYER v. ASHCROFT

United States Third Circuit
Immigration Law
Declaratory Judgment that Appellee is a USC is affirmed based on the fact that evidence shows appellee was not a voluntary member of the Nazi military...
11/20/2003 02-4226

US v. D-AMARIO

United States Third Circuit
Criminal Law & Procedure, Habeas Corpus, Sentencing
To the extent that the district court suggested that a departure was warranted because of the paucity of prosecutions under 18 U.S.C. section...
11/20/2003 02-2371, 02-3250

US v. BRIGMAN

United States Third Circuit
Criminal Law & Procedure, Sentencing
Drug related sentence is affirmed where there was sufficient evidence for the District Court to find that defendant possessed "crack."
11/18/2003 03-1655

US v. LAWRENCE

United States Third Circuit
Criminal Law & Procedure
Murder conviction is affirmed over defendant's claims that 1) photographic arrays shown to government witnesses were unduly suggestive, 2) the trial...
11/18/2003 02-3340

CALHOUN v. YAMAHA MOTOR CORP., U.S.A.

United States Third Circuit
Admiralty, Evidence, Injury & Tort Law, Product Liability
In this products liability claim under maritime law, where the jury rendered a defense verdict, the district court properly applied Federal Rule of...
11/18/2003 02-4098, 02-4162

HINKEL v. ENGLAND

United States Third Circuit
Military Law
Summary judgment to defendants is affirmed where classifications running afoul of the Classification Act qualify as "prohibited personnel actions" and...
11/14/2003 02-4542

MULANGA v. ASHCROFT

United States Third Circuit
Immigration Law
Petition for review of BIA's removal order granted where petitioner should have been given an opportunity to provide corroborating documentation of...
11/14/2003 02-3332

US v. PHILLIPS

United States Third Circuit
Criminal Law & Procedure, Sentencing
Drug conspiracy convictions and sentences are affirmed where Apprendi requires the jury to find only the drug type and quantity element as to the...
11/12/2003 01-3515

US v. MERLINO

United States Third Circuit
Criminal Law & Procedure, Sentencing
Aside from one count and a sentencing enhancement as to one defendant, the judgments of conviction and sentence for Racketeer Influenced and Corrupt...
11/12/2003 01-4374, 01-4392
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