url stringlengths 56 59 | text stringlengths 3 913k | downloaded_timestamp stringclasses 1
value | created_timestamp stringlengths 10 10 |
|---|---|---|---|
https://www.courtlistener.com/api/rest/v3/opinions/8471717/ | ON MOTION
PER CURIAM.
ORDER
The court treats Jacqueline McEachin’s correspondence concerning the timeliness of her petition for review as a motion for reconsideration of the court’s previous rejection of her petition for review as untimely.
On March 6, 2009, the Merit Systems Protection Board issued a final decision ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471718/ | ON MOTION
PER CURIAM.
ORDER
The Secretary of Veterans Affairs responds to the court’s June 18, 2008 order and requests that the court consider the appeal on the merits and reverse the judgment of the United States Court of Appeals for Veterans Claims in Yandle v. Nicholson, No. 05-559. Lavon F. Yandle has not respond... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471723/ | SUMMARY ORDER
Defendants-Appellants P.O. Raymond Montero, P.O. Brian Menton, P.O. Keith Olson, and P.O. John Traynor (collectively “Appellants”) appeal from a judgment of the United States District Court for the Southern District of New York (Smith, M.J.) entered after a jury verdict finding in favor of Plaintiffs-App... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471724/ | SUMMARY ORDER
John Ward, Town of Wallkill Supervisor, and Robert Hertman, Town of Wallkill Police Chief, appeal from the district court’s denial of Ward and Hertman’s motion for summary judgment on the grounds that they were entitled to qualified immunity in a First Amendment retaliation case brought by Wallkill Police... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471726/ | SUMMARY ORDER
Cross appeals from an order of the United States District Court for the Western District of New York (Arcara, J.), which adopted in toto the report and recommendation of Magistrate Judge H. Kenneth Schroeder, Jr. In sum, the district court granted summary judgment to defendants Railcar Custom Leasing, LL... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471728/ | *617SUMMARY ORDER
Plaintiff-appellant Min Kou Chenette asserts employment discrimination claims under Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. § 2000e et seq., as well as claims under New York State Human Rights Law (“NYSHRL”), Executive Law § 290 et seq., and New York City Human Rights Law (“... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471733/ | SUMMARY ORDER
Zeng-Xia Zheng, a native and citizen of China, seeks review of an October 31, 2008 order of the BIA affirming the August 1, 2007 decision of Immigration Judge (“IJ”) Barbara A. Nelson, which denied her application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”)... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471735/ | SUMMARY ORDER
Appellant Elena Chitoiu, pro se, appeals the district court’s grant of summary judgment in favor of the Appellees in Appellant’s action to recover long term disability benefits under the Employment Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1001, et seq. We assume the parties’ familiari... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471737/ | SUMMARY ORDER
Luis Marshall, the superintendent of Wallkill Correctional Facility, appeals from a judgment of the district court granting Stephen G. Schulz’s 28 U.S.C. § 2254 petition for a writ of habeas corpus. We assume the parties’ familiarity with the facts, proceedings below, and specification of issues on appeal... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471739/ | SUMMARY ORDER
Petitioner Roopnarine Lall, a native and citizen of Trinidad and Tobago, seeks review of the November 30, 2007 order of the BIA affirming the October 3, 2006 decision of Immigration Judge (“IJ”) Patricia A. Rohan denying his motion to reopen to apply for adjustment of status. In re Roopnarine Lall, No. A... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471741/ | SUMMARY ORDER
Petitioner Yong Chen, a native and citizen of the People’s Republic of China, seeks review of a February 25, 2008 order of the BIA affirming the February 15, 2007 decision of Immigration Judge (“IJ”) Robert D. Weisel, denying his motion to reopen his removal proceedings. In re Yong Chen, No. A076 505 693... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471743/ | SUMMARY ORDER
Petitioner Bary Maiga, a native and citizen of Burkina Faso, seeks review of the April 16, 2008 order of the BIA affirming the April 27, 2006 decision of the Immigration Judge (“IJ”) George T. Chew denying his applications for asylum, withholding of removal, and relief under the Convention Against Torture... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471745/ | SUMMARY ORDER
Plaintiff-Appellant Kalliopi Sígala, through counsel, appeals from the orders of the United States District Court for the Eastern District of New York (Townes, J.), denying Appellant’s motion to reopen the case following dismissal of the complaint for failure to prosecute and Appellant’s motion for recon... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471747/ | SUMMARY ORDER
Plaintiff-appellant Leonides Gervacio (“plaintiff’) appeals from a July 9, 2008 judgment of the District Court, which granted the motion of the defendants Bar*639ry S. Zall (“Zall”) and MMCA Leasing, Ltd. (“MMCA”) for summary judgment. Plaintiff filed the underlying action in the Supreme Court of the Stat... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471806/ | SUMMARY ORDER
Cire Dem, a native and citizen of Mauritania, seeks review of a June 24, 2008 order of the BIA, affirming the November 8, 2006 decision of Immigration Judge (“IJ”) Paul A. DeFonzo, which pretermit-ted Dem’s application for asylum and denied his application for withholding of removal and relief under the ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471812/ | SUMMARY ORDER
Alice Weiss appeals from a March 27, 2008, 2008 WL 821813, summary judgment dismissing her complaint, which alleged that her former employer, Morgan Stanley Investment Management (“Morgan Stanley”), discriminated against her on the basis of gender, age, national origin and religion in violation of state a... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471814/ | SUMMARY ORDER
Petitioner Gaoussou Fofana, a native and citizen of the Ivory Coast, seeks review of the August 19, 2008 order of the BIA affirming the January 10, 2007 decision of Immigration Judge (“U”) Douglas Sehoppert denying his applications for asylum, withholding of removal, and relief under the Convention Again... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471818/ | SUMMARY ORDER
Petitioner Mubera Duka petitions for review of a decision of the Board of Immigration Appeals (“BIA”) dated September 24, 2008, vacating the grant of asylum by Immigration Judge (“IJ”) Brigitte Lafor-est and ordering Duka removed from the United States. In re Mubera Duka, No. A95 148 756 (B.I.A. Sept. 24,... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471820/ | OPINION
PER CURIAM.
Appellant John Joseph Perry seeks review of the District Court’s order dismissing his complaint pursuant to 28 U.S.C. § 1915(e)(2)(B)(i). We conclude that the appeal does not present a substantial question. Although we rest our decision in part on different grounds, we will summarily affirm the Dist... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472106/ | MEMORANDUM **
Alejandro Lopez Godinez appeals from his guilty-plea conviction and 78-month sentence imposed for possession of a firearm in furtherance of drug trafficking crimes, in violation of 18 U.S.C. § 924(c)(1)(A)®.
Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Godinez’s co... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471807/ | SUMMARY ORDER
Cire Dem, a native and citizen of Mauritania, seeks review of a June 24, 2008 order of the BIA, affirming the November 8, 2006 decision of Immigration Judge (“IJ”) Paul A. DeFonzo, which pretermit-ted Dem’s application for asylum and denied his application for withholding of removal and relief under the ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471811/ | SUMMARY ORDER
The defendants appeal from a judgment of the district court confirming the debt- or’s plan of reorganization and rendering judgment for the plaintiff in adversary proceeding number 02-03048. The plaintiff cross-appeals from the district court’s determination that the defendants were third party beneficiar... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471815/ | SUMMARY ORDER
Petitioner Gaoussou Fofana, a native and citizen of the Ivory Coast, seeks review of the August 19, 2008 order of the BIA affirming the January 10, 2007 decision of Immigration Judge (“U”) Douglas Sehoppert denying his applications for asylum, withholding of removal, and relief under the Convention Again... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471817/ | SUMMARY ORDER
Appellant April Cody appeals the district court’s grant of summary judgment in her employment discrimination action brought pursuant to the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 et seq, Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-3, and New York Executive Law §§ 296 a... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471819/ | SUMMARY ORDER
Petitioner Mubera Duka petitions for review of a decision of the Board of Immigration Appeals (“BIA”) dated September 24, 2008, vacating the grant of asylum by Immigration Judge (“IJ”) Brigitte Lafor-est and ordering Duka removed from the United States. In re Mubera Duka, No. A95 148 756 (B.I.A. Sept. 24,... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471823/ | OPINION
PER CURIAM.
Appellant Shemtov Michtavi seeks review of the order dismissing his second *728amended complaint with prejudice. Because the appeal does not present a substantial question, we will summarily affirm the District Court’s judgment. See 3d Cir. L.A.R. 27.4; I.O.P. 10.6.
I.
Michtavi, an Israeli citizen, ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471824/ | OPINION
PER CURIAM.
Enoch Bey appeals pro se from the District Court’s dismissal of his removal motion and subsequent denial of his motions for an extension time and leave to file an amended notice of removal. Because Bey presents no substantial question on appeal, we will affirm.
In January 2009, Bey (under the alias ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471826/ | OPINION
PER CURIAM.
Appellant Lamar McCrory, proceeding pro se, appeals from the District Court’s denial of his Petition for Relief Pursuant to the Writ of Audita Querela, 28 U.S.C. § 1651. For the reasons that follow, we will summarily affirm the order of the District Court.
In 1996, McCrory was found guilty of conspi... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471828/ | OPINION
PER CURIAM.
Lawrence Wilder appeals from an order of the District Court denying his “motion to reopen” pursuant to Federal Rule of Civil Procedure 60(b), and denying his motion for appointment of counsel as moot.
Wilder filed the Rule 60(b) motion on March 5, 2009, seeking reconsideration of a June 11, 2002 ord... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471830/ | OPINION
PER CURIAM.
Francis A. Muolo, a federal prisoner, appeals from an order of the United States District Court for the Western District of Pennsylvania denying his habeas corpus petition filed under 28 U.S.C. § 2241, in which he claims that the Federal Bureau of Prisons (“BOP”) wrongfully denied him eligibility fo... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471832/ | OPINION
ROTH, Circuit Judge.
John Mizic appeals the sentence he received for violating 18 U.S.C. § 751(a) (escape), 18 U.S.C. § 1344 (bank fraud), and 18 U.S.C. § 1708 (possession of stolen mail). Mizic argues that the government breached its plea agreement with him by “undermining its recommendation for sentence reduc... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471840/ | OPINION
SLOVITER, Circuit Judge.
Appellant Jonas Gillespie pled guilty in the United States District Court for the Western District of Pennsylvania to (1) conspiracy to distribute and possess with the intent to distribute cocaine base in violation of 21 U.S.C. § 846; (2) possession with the intent to distribute in exc... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471842/ | OPINION
SMITH, Circuit Judge.
Appellant Dawud Bey pleaded guilty to one count of conspiracy to manufacture and distribute cocaine, in violation of 21 U.S.C. § 846. As part of his plea agreement, Bey stipulated that he distributed and agreed to distribute more than 3.5 kilograms but less than 5 kilograms of cocaine in f... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471844/ | OPINION
SMITH, Circuit Judge.
This case arises from a 2006 land sale agreement between Peter and Anne Scott (“the Scotts”) and Stephen and Nancy Hoke Turner (“the Turners”). The Scotts sued the Turners, claiming that they breached a contract to purchase land located in Freedom Township in Adams County, Pennsylvania. Th... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471846/ | OPINION
PER CURIAM.
Ray Dean Colburn, an inmate at Columbia County Prison, in Bloomsburg, Pennsylvania, appeals pro se from the District Court’s dismissal of his petition for a writ of habeas corpus. Because we conclude that this appeal presents no substantial question, we will summarily affirm. See 3d Cir. L.A.R. 27.4... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471848/ | OPINION
SMITH, Circuit Judge.
Appellant Victor Tartaglia filed a Complaint alleging that the Appellees forged his signature on certain lease documents and inflated the value of certain equipment used to secure the loans. The District Court granted Appellees’ Motion to Dismiss pursuant to Federal Rule of Civil Procedure... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471852/ | OPINION OF THE COURT
RENDELL, Circuit Judge.
Christopher Phillips pled guilty to one count of distribution of child pornography, in violation of 18 U.S.C. § 2252A(a)(l). The District Court sentenced him to a within-Guidelines sentence of 240 months’ imprisonment and 10 years’ supervised release. On appeal, he argues th... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471853/ | AMBRO, Circuit Judge,
Dissenting.
I have significant concerns that the 20-year sentence for Christopher Phillips, the same as that of his more culpable co-defendant, Paul Thielemann, is procedurally and substantively flawed. I thus respectfully dissent.
I. Facts
The majority opinion sets out the bare facts that led to ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471856/ | OPINION
SMITH, Circuit Judge.
Appellant Farren Mason, Sr., pleaded guilty to three counts of distribution and possession with intent to distribute five grams or more of crack cocaine in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(l)(B)(iii). The District Court sentenced him to a within-Guidelines term of 57 months o... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471858/ | OPINION OF THE COURT
FUENTES, Circuit Judge:
Appellants Sat Bahl, William Browning, Jorge Puente, and Iretha Nolls appeal the decision of the District Court finding that they were not entitled to absolute or qualified immunity from Appellees’ procedural due process claim. The dispute in this case centers around the Mar... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471860/ | OPINION
SMITH, Circuit Judge.
Marci J. Bittner appeals from the order of the United States District Court for the
Middle District of Pennsylvania granting the motion to dismiss filed by Snyder County and Michael Sholley, the District Attorney of Snyder County.1 For the reasons set forth below, we will affirm.
In April ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471862/ | OPINION
SLOVITER, Circuit Judge.
Appellant Carlos Peralta appeals the District Court’s decision not to grant him a sentence reduction pursuant to 18 U.S.C. § 3582(c)(2). We will affirm.
*795I.
In July 2007, Peralta pled guilty to possession with intent to distribute cocaine base, in violation of 21 U.S.C. § 841(a)(1),... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471864/ | OPINION
PER CURIAM.
Deborah Morris filed this pro se petition for a writ of mandamus pursuant to 28 U.S.C. § 1651 seeking an order compelling the District Court to modify her sentence of imprisonment to home confinement. For the reasons that follow, we will deny the petition.
Morris is currently serving a 60-month sent... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471866/ | OPINION
AMBRO, Circuit Judge.
John Gregory Lynch appeals the sentence imposed on him by the District Court after he pled guilty to conspiring to employ a prohibited person, contrary to 29 U.S.C. § llll(a)-(b) and in violation of 18 U.S.C. § 371. He claims that the Court erred in (1) enhancing his sentence based on his ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471868/ | OPINION
PER CURIAM.
In February 2009, Reynaldo Rosario filed this pro se mandamus petition seeking an order directing the District Court to rule on a civil rights complaint he filed on or about August 22, 2000 in the United States District Court for the District of New Jersey. For the reasons that follow, we will deny ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471870/ | OPINION
PER CURIAM.
Angel M. Pinet appeals from the order of the United States District Court for the District of New Jersey denying his habeas petition filed pursuant to 28 U.S.C. § 2241. We will affirm.
Pinet is currently serving a 360-month federal imprisonment term imposed in December 1998. In addition to the impri... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472108/ | PER CURIAM:
Marquis B. West, an inmate at the Georgia State Prison (“GSP”) proceeding pro se, appeals the grant of a motion to dismiss as to Defendant Higgins and summary judgment as to the other appellees, in his 42 U.S.C. § 1983 civil rights case. West argues that the court erred in finding that he had not exhausted ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471825/ | OPINION
PER CURIAM.
Enoch Bey appeals pro se from the District Court’s dismissal of his removal motion and subsequent denial of his motions for an extension time and leave to file an amended notice of removal. Because Bey presents no substantial question on appeal, we will affirm.
In January 2009, Bey (under the alias ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471827/ | OPINION
PER CURIAM.
Appellant Lamar McCrory, proceeding pro se, appeals from the District Court’s denial of his Petition for Relief Pursuant to the Writ of Audita Querela, 28 U.S.C. § 1651. For the reasons that follow, we will summarily affirm the order of the District Court.
In 1996, McCrory was found guilty of conspi... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471829/ | OPINION
PER CURIAM.
Lawrence Wilder appeals from an order of the District Court denying his “motion to reopen” pursuant to Federal Rule of Civil Procedure 60(b), and denying his motion for appointment of counsel as moot.
Wilder filed the Rule 60(b) motion on March 5, 2009, seeking reconsideration of a June 11, 2002 ord... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471831/ | OPINION
PER CURIAM.
Francis A. Muolo, a federal prisoner, appeals from an order of the United States District Court for the Western District of Pennsylvania denying his habeas corpus petition filed under 28 U.S.C. § 2241, in which he claims that the Federal Bureau of Prisons (“BOP”) wrongfully denied him eligibility fo... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471833/ | OPINION
ROTH, Circuit Judge.
John Mizic appeals the sentence he received for violating 18 U.S.C. § 751(a) (escape), 18 U.S.C. § 1344 (bank fraud), and 18 U.S.C. § 1708 (possession of stolen mail). Mizic argues that the government breached its plea agreement with him by “undermining its recommendation for sentence reduc... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471835/ | OPINION
McKEE, Circuit Judge.
Brian Tyson, a state prisoner, appeals the district court’s dismissal without prejudice of the habeas petition he filed pursuant to 28 U.S.C. § 2254. The district court concluded that it had no jurisdiction because it was an unauthorized second or successive petition. For the reasons that ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471837/ | OPINION
SLOVITER, Circuit Judge.
Gabriel Castaneda-Sicardo (a/k/a Luis Alvarado), a citizen of Mexico, pled guilty to one count of illegal re-entry following his removal subsequent to his conviction for an aggravated felony, in violation of 8 U.S.C. §§ 1326(a), (b)(2). Castaneda-Si-cardo was sentenced to eighty-seven m... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471839/ | OPINION OF THE COURT
RENDELL, Circuit Judge.
Subcontractor Fleming Steel Co. (“Fleming”), and performance bond issuer Continental Casualty Co. (“Continental”), appeal orders of the District Court granting summary judgment, damages, and attorney’s fees in favor of prime contractor W.M. Schlosser Co., Inc. (“Schlosser”),... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471841/ | OPINION
SLOVITER, Circuit Judge.
Appellant Jonas Gillespie pled guilty in the United States District Court for the Western District of Pennsylvania to (1) conspiracy to distribute and possess with the intent to distribute cocaine base in violation of 21 U.S.C. § 846; (2) possession with the intent to distribute in exc... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471843/ | OPINION
SMITH, Circuit Judge.
Appellant Dawud Bey pleaded guilty to one count of conspiracy to manufacture and distribute cocaine, in violation of 21 U.S.C. § 846. As part of his plea agreement, Bey stipulated that he distributed and agreed to distribute more than 3.5 kilograms but less than 5 kilograms of cocaine in f... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471845/ | OPINION
SMITH, Circuit Judge.
This case arises from a 2006 land sale agreement between Peter and Anne Scott (“the Scotts”) and Stephen and Nancy Hoke Turner (“the Turners”). The Scotts sued the Turners, claiming that they breached a contract to purchase land located in Freedom Township in Adams County, Pennsylvania. Th... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471847/ | OPINION
PER CURIAM.
Ray Dean Colburn, an inmate at Columbia County Prison, in Bloomsburg, Pennsylvania, appeals pro se from the District Court’s dismissal of his petition for a writ of habeas corpus. Because we conclude that this appeal presents no substantial question, we will summarily affirm. See 3d Cir. L.A.R. 27.4... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471851/ | OPINION
SLOVITER, Circuit Judge.
Appellant Daniel Callaghan appeals the District Court’s grant of summary judgment to appellee Haverford Township (“Township”) on his claims under the Americans with Disabilities Act (ADA) and the Pennsylvania Whistleblower Law.1
I.
Callaghan began working for the Township in 1991, and ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471854/ | OPINION OF THE COURT
RENDELL, Circuit Judge.
Christopher Phillips pled guilty to one count of distribution of child pornography, in violation of 18 U.S.C. § 2252A(a)(l). The District Court sentenced him to a within-Guidelines sentence of 240 months’ imprisonment and 10 years’ supervised release. On appeal, he argues th... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471855/ | AMBRO, Circuit Judge,
Dissenting.
I have significant concerns that the 20-year sentence for Christopher Phillips, the same as that of his more culpable co-defendant, Paul Thielemann, is procedurally and substantively flawed. I thus respectfully dissent.
I. Facts
The majority opinion sets out the bare facts that led to ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471857/ | OPINION
SMITH, Circuit Judge.
Appellant Farren Mason, Sr., pleaded guilty to three counts of distribution and possession with intent to distribute five grams or more of crack cocaine in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(l)(B)(iii). The District Court sentenced him to a within-Guidelines term of 57 months o... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471859/ | OPINION OF THE COURT
FUENTES, Circuit Judge:
Appellants Sat Bahl, William Browning, Jorge Puente, and Iretha Nolls appeal the decision of the District Court finding that they were not entitled to absolute or qualified immunity from Appellees’ procedural due process claim. The dispute in this case centers around the Mar... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471861/ | OPINION
SMITH, Circuit Judge.
Marci J. Bittner appeals from the order of the United States District Court for the
Middle District of Pennsylvania granting the motion to dismiss filed by Snyder County and Michael Sholley, the District Attorney of Snyder County.1 For the reasons set forth below, we will affirm.
In April ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471863/ | OPINION
SLOVITER, Circuit Judge.
Appellant Carlos Peralta appeals the District Court’s decision not to grant him a sentence reduction pursuant to 18 U.S.C. § 3582(c)(2). We will affirm.
*795I.
In July 2007, Peralta pled guilty to possession with intent to distribute cocaine base, in violation of 21 U.S.C. § 841(a)(1),... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471865/ | OPINION
PER CURIAM.
Deborah Morris filed this pro se petition for a writ of mandamus pursuant to 28 U.S.C. § 1651 seeking an order compelling the District Court to modify her sentence of imprisonment to home confinement. For the reasons that follow, we will deny the petition.
Morris is currently serving a 60-month sent... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471869/ | OPINION
PER CURIAM.
In February 2009, Reynaldo Rosario filed this pro se mandamus petition seeking an order directing the District Court to rule on a civil rights complaint he filed on or about August 22, 2000 in the United States District Court for the District of New Jersey. For the reasons that follow, we will deny ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471871/ | OPINION
PER CURIAM.
Angel M. Pinet appeals from the order of the United States District Court for the District of New Jersey denying his habeas petition filed pursuant to 28 U.S.C. § 2241. We will affirm.
Pinet is currently serving a 360-month federal imprisonment term imposed in December 1998. In addition to the impri... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471873/ | OPINION
PER CURIAM.
Anthony Long appeals pro se from the District Court’s order denying his motion under 18 U.S.C. § 3582(c)(2) to modify his sentence. We will affirm.
I.
In 1991, a federal grand jury indicted Long and twenty-five others on charges relating to their involvement with a drug gang called the “Junior Black... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8472110/ | PER CURIAM:
Yulin Ma, proceeding pro se, appeals the district court’s order denying his motion for a jury trial to alter or amend, his motion in limine, and his renewed motion for reconsideration of its order dismissing his personal injury tort claims against Jessie L.-S. Au and Guillaume M. Wientjes under 28 U.S.C. § ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471876/ | OPINION
PER CURIAM.
Juan Wiggins appeals pro se from an order of the District Court dismissing his complaint. We will affirm.
I.
In 2000, Wiggins filed suit under 42 U.S.C. § 1983 against William F. Logan, an Atlantic City police officer, and his canine partner, K-9 Agent “Deuce.” (D.N.J.Civ. No. 00-cv-05281.) Wiggins ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471878/ | OPINION
PER CURIAM.
Appellant Nina Shahin, a pro se litigant, seeks review of the District Court’s Febru*816ary 26, 2009, 2009 WL 485168, Order granting Defendants’, the State of Delaware and the State of Delaware Department of Transportation (together “the State,”) motion to dismiss under Rule 37(b) of the Federal Rul... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471880/ | OPINION
PER CURIAM.
James Void, a federal prisoner proceeding pro se, appeals from the order of the United States District Court for the District of New Jersey denying his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 in which he challenged his prison disciplinary hearing and resulting sanctions. Fo... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471882/ | OPINION
PER CURIAM.
Petitioner Passang Tenzin seeks review of a final decision by the Board of Immigration Appeals (“BIA”) issued on August *8221, 2008. For the reasons that follow, we will deny the petition for review.
I. Background
Tenzin is a native of Tibet and a citizen of China. He claims that, in 1994, he became... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471884/ | OPINION OF THE COURT
RENDELL, Circuit Judge.
In this appeal from the District Court’s grant of summary judgment in favor of the defendant Norman Y. Mineta, Secretary of the Department of Transportation, and against plaintiff Gianfranco Caprio, plaintiff contends that he suffered discrimination based on his physical imp... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471886/ | OPINION
PER CURIAM.
Frank Freeland appeals pro se from the United States Tax Court’s Order and Decision granting the Commissioner of Internal Revenue’s (IRS) motion for summary judgment in this action to collect unpaid taxes. We will affirm.
I.
On March 30, 2007, following a Collection Due Process hearing (26 U.S.C. § ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471888/ | OPINION
SMITH, Circuit Judge.
Appellant Anthony Guinto pleaded guilty to conspiracy to distribute heroin, in violation of 21 U.S.C. § 846, possession with intent to distribute heroin, in violation of 21 U.S.C. § 841, and two counts each of distx*ibution of hex-oin, in violation of 21 U.S.C. § 841(a)(1), and aiding and ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471892/ | OPINION
SLOVITER, Circuit Judge.
Appellant Ely Bell pled guilty to conspiracy to distribute and possess with intent to distribute cocaine base, in violation of 21 U.S.C. § 846, and the District Court sentenced him to a below-Guidelines sentence of 100 months imprisonment. On appeal, Bell challenges only the reasonablen... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471894/ | OPINION
SLOVITER, Circuit Judge.
Anthony Baker was convicted after a jury trial in the Court of Common Pleas of Philadelphia of third degree murder, conspiracy, and possession of an instrument of crime. He appeals the District Court’s denial of his petition for habeas corpus made on the ground that his trial counsel w... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471896/ | *845OPINION
PER CURIAM.
Chad Hatten appeals from the District Court’s order denying for lack of subject matter jurisdiction his habeas petition pursuant to 28 U.S.C. § 2241. The Government has moved for summary affirmance. Because we agree that Hatten cannot challenge his federal identity theft conviction with a § 2241... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471900/ | OPINION OF THE COURT
PER CURIAM.
Cazim Mrkulic, his wife Enisa, and his son, Alis, petition for review of an order of the Board of Immigration Appeals (BIA). For the reasons below, we will deny the petition for review.
The Mrkulics are natives of Yugoslavia and citizens of Bosnia-Herzegovina who entered the United Stat... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471903/ | OPINION
SMITH, Circuit Judge.
On February 6, 2008, Jose Rivera pleaded guilty to one count of conspiracy to distribute less than 100 grams of heroin, in violation of 21 U.S.C. § 846. Rivera’s Sentencing Guidelines range, which was based on his classification as a “Career Offender,” was 151 to 188 months. The District C... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471904/ | OPINION
SLOVITER, Circuit Judge.
Timothy Johnson challenges the District Court’s denial of his motion to withdraw his guilty plea. We will affirm.
I.
Johnson was a leader in the “Sex, Money, Murder” subgroup of the “Bloods” street gang, which engaged in drug distribution in Williamsport, Pennsylvania. Between 2008 and ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471906/ | OPINION
PER CURIAM.
Donald Earl, pro se, appeals from the District Court’s order denying his motion *859to intervene and his Rule 60(b) motion to vacate. For the reasons that follow, we shall affirm the District Court’s order.
This case relates to a civil class action products liability lawsuit filed in the District of... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471908/ | OPINION
PER CURIAM.
Dylan Stephen Jayne, proceeding pro se, appeals from the District Court’s order dismissing his complaint pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). For the reasons that follow, we will affirm in part and vacate in part the District Court’s order.
On June 21, 2007, Jayne filed a complaint in the Unit... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471910/ | Affirmed by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Ronald Salyer appeals from the tax court’s orders denying, based on lack of jurisdiction, his Motion to Restrain Assessment or Collection, and denying his motion to vacate. We have reviewed the record... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471913/ | *870Affirmed by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Thomas Wane Marett appeals from the tax court’s orders imposing sanctions, upholding the Commissioner’s proposed collection activities with respect to his tax liability for the 2000 tax year, and ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471914/ | Affirmed by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Stanley A. Cook appeals from the tax court’s orders upholding the Commissioner’s deficiency determination as to Cook’s income tax liability for the 2003 tax year, and denying his motion for reconsider... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471875/ | OPINION
PER CURIAM.
Hector Huertas, proceeding pro se, has filed a petition for a writ of mandamus challenging the procedure of the United States District Court for the District of New Jersey for issuing subpoenas. We will deny the mandamus petition.
Huertas is the plaintiff in five civil actions pending in District Co... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471877/ | OPINION
PER CURIAM.
Juan Wiggins appeals pro se from an order of the District Court dismissing his complaint. We will affirm.
I.
In 2000, Wiggins filed suit under 42 U.S.C. § 1983 against William F. Logan, an Atlantic City police officer, and his canine partner, K-9 Agent “Deuce.” (D.N.J.Civ. No. 00-cv-05281.) Wiggins ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471879/ | OPINION
PER CURIAM.
Appellant Nina Shahin, a pro se litigant, seeks review of the District Court’s Febru*816ary 26, 2009, 2009 WL 485168, Order granting Defendants’, the State of Delaware and the State of Delaware Department of Transportation (together “the State,”) motion to dismiss under Rule 37(b) of the Federal Rul... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471881/ | OPINION
PER CURIAM.
James Void, a federal prisoner proceeding pro se, appeals from the order of the United States District Court for the District of New Jersey denying his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 in which he challenged his prison disciplinary hearing and resulting sanctions. Fo... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471885/ | OPINION OF THE COURT
RENDELL, Circuit Judge.
In this appeal from the District Court’s grant of summary judgment in favor of the defendant Norman Y. Mineta, Secretary of the Department of Transportation, and against plaintiff Gianfranco Caprio, plaintiff contends that he suffered discrimination based on his physical imp... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471887/ | OPINION
PER CURIAM.
Frank Freeland appeals pro se from the United States Tax Court’s Order and Decision granting the Commissioner of Internal Revenue’s (IRS) motion for summary judgment in this action to collect unpaid taxes. We will affirm.
I.
On March 30, 2007, following a Collection Due Process hearing (26 U.S.C. § ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471889/ | OPINION
SMITH, Circuit Judge.
Appellant Anthony Guinto pleaded guilty to conspiracy to distribute heroin, in violation of 21 U.S.C. § 846, possession with intent to distribute heroin, in violation of 21 U.S.C. § 841, and two counts each of distx*ibution of hex-oin, in violation of 21 U.S.C. § 841(a)(1), and aiding and ... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471891/ | OPINION OF THE COURT
RENDELL, Circuit Judge.
On March 9, 2007, Brian Mizwa pleaded guilty to one count of Coercion and Enticement of a Minor to Engage in Sexual Activity, in violation of 18 U.S.C. § 2422(b). The District Court sentenced him to a statutory minimum term of 60 months’ imprisonment, followed by a five-year... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471897/ | *845OPINION
PER CURIAM.
Chad Hatten appeals from the District Court’s order denying for lack of subject matter jurisdiction his habeas petition pursuant to 28 U.S.C. § 2241. The Government has moved for summary affirmance. Because we agree that Hatten cannot challenge his federal identity theft conviction with a § 2241... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471901/ | OPINION OF THE COURT
PER CURIAM.
Cazim Mrkulic, his wife Enisa, and his son, Alis, petition for review of an order of the Board of Immigration Appeals (BIA). For the reasons below, we will deny the petition for review.
The Mrkulics are natives of Yugoslavia and citizens of Bosnia-Herzegovina who entered the United Stat... | 01-04-2023 | 11-05-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/8471907/ | OPINION
PER CURIAM.
Donald Earl, pro se, appeals from the District Court’s order denying his motion *859to intervene and his Rule 60(b) motion to vacate. For the reasons that follow, we shall affirm the District Court’s order.
This case relates to a civil class action products liability lawsuit filed in the District of... | 01-04-2023 | 11-05-2022 |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.