NOT PRECEDENTIAL OPINION OF THE COURT FISHER, Circuit Judge. David Calhoun appeals two orders of the District Court dismissing his claims against former Pennsylvania Board of Probation and Parole Secretary Lawrence F. Murray ("State Defendant/Appellee"), former Assistant U.S. Attorney Kenya Mann, Assistant U.S. Attorney Joel Goldstein, and the U.S. Marshals Service ("Federal Defendants/Appellees"). Calhoun alleges that the Appellees violated his liberty and caused him to be falsely...
OPINION OF THE COURT JORDAN, Circuit Judge. Marie Ann Fuges appeals from an order of the United States District Court for the Eastern District of Pennsylvania entering summary judgment in favor of Southwest Financial Services, Ltd. ("Southwest") with respect to Fuges's claim that Southwest willfully violated the Fair Credit Reporting Act ("FCRA"), 15 U.S.C. 1681-1681x. Fuges claims that Southwest willfully violated FCRA when it included inaccurate information in a report to Fuges's lender...
NOT PRECEDENTIAL OPINION AMBRO, Circuit Judge. Aaron Smith was convicted of conspiracy to interfere with interstate commerce by robbery, and interference with interstate commerce by robbery, in violation of 18 U.S.C. 1951(a), and using and carrying a firearm during and in relation to a crime of violence in violation of 18 U.S.C. 924(c). He was sentenced to 360 months' imprisonment. Smith appeals two evidentiary decisions made by the District Court during his trial: (1) the denial of his...
OPINION OF THE COURT HARDIMAN, Circuit Judge. This appeal requires us to decide whether the District Court erred when it denied a police officer's motion to dismiss a civil rights action. I On the evening of September 28, 2009, fifteen-year-old Nicole James sent a text message to a friend stating that she planned to commit suicide by ingesting ibuprofen pills. The friend called 911 and soon thereafter Officer Michael Marshall of the Wright Township Police Department arrived at the James...
NOT PRECEDENTIAL OPINION OF THE COURT HARDIMAN, Circuit Judge. Jose Marrero, a Pennsylvania state prisoner, appeals the judgment of the District Court denying his petition for writ of habeas corpus. We will affirm, essentially for the reasons stated by the District Court in its scholarly opinion. I Because the District Court provided a detailed account of the factual and procedural background of this case, see Marrero v. Horn, 2008 WL 3833382, at *2-*13 (W.D. Pa. Aug. 15, 2008), we will...
OPINION SMITH, Circuit Judge. The Delaware State Police obtained search warrants for Paul Pavulak's email account and workplace after receiving information that he was viewing child pornography on his workplace computers. The evidence that was seized confirmed Pavulak's involvement in child pornography, and a jury subsequently convicted him of possessing and attempting to produce child pornography, attempting to entice a minor, and committing crimes related to his status as a sex offender....
NOT PRECEDENTIAL OPINION OF THE COURT McKEE, Chief Judge. Junius Baugh appeals from the district court's decision granting the Navy's motion for summary judgment and denying Baugh's cross-motion for summary judgment on his Administrative Procedure Act claim. For the reasons that follow, we will affirm. I. Inasmuch as we are writing primarily for the parties, who are familiar with the underlying factual and procedural history of this dispute, we will only briefly set forth the factual and...
NOT PRECEDENTIAL OPINION OF THE COURT HARDIMAN, Circuit Judge. David Kollie appeals his conviction and sentence following a jury trial. Although we agree that Kollie's evidentiary challenge has merit, we will affirm the judgment of the District Court because its error was harmless. I We write for the parties, who are well acquainted with the case, so we summarize only the facts and procedural history essential to our decision. Between December 2005 and May 2006, at the urging of his...
OPINION OF THE COURT HARDIMAN, Circuit Judge. This case requires us to decide whether a public school district's failure to designate a struggling student as disabled violated the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. 1400-1419, or 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794. In making this determination, we delineate for the first time the scope of the statutory exceptions to the IDEA's statute of limitations. I A In the fall of 2003, D.K. began...
OPINION OF THE COURT FISHER, Circuit Judge. This case arises from an antitrust action brought by ZF Meritor, LLC ("ZF Meritor") and Meritor Transmission Corporation ("Meritor") (collectively, "Plaintiffs") against Eaton Corporation ("Eaton") for allegedly anticompetitive practices in the heavy-duty truck transmissions market. The practices at issue are embodied in long-term agreements between Eaton, the leading supplier of heavy-duty truck transmissions in North America, and every direct...
NOT PRECEDENTIAL OPINION OF THE COURT McKEE, Chief Judge. Derrick Clemons appeals his criminal conviction for possession with the intent to distribute five grams or more of crack cocaine. He argues that the district court erred in denying his motion to suppress physical evidence, and in refusing to retroactively apply the provisions of the Fair Sentencing Act of 2010 ("FSA"), and that the court erred in denying counsel's motion that the court disqualify itself from hearing his case. For the...
ORDER AMENDING OPINION JULIO M. FUENTES, Circuit Judge. IT IS HEREBY ORDERED that the Opinion filed on September 17, 2012 be amended to include the following: Paul J. Fishman, Esq. Norman Gross, Esq. Glenn J. Moramarco, Esq. (ARGUED) Ignacia S. Moreno, Esq. Andrew D. Goldsmith, Esq. Office of United States Attorney Camden Federal Building & Courthouse 401, Market Street, Camden, NJ 08101.
ORDER AMENDING OPINION JULIO M. FUENTES, Circuit Judge. IT IS HEREBY ORDERED that the Opinion filed on September 17, 2012 be amended as follows: Page 15 first paragraph next to last line change the word "storage" to "storm". Page 15 second paragraph on the fourth line change the word "tanks" to "pit". On the following line change "those tanks were" to "that pit was", and on the next to last line change the word "tank" to "hazmat pit".
NOT PRECEDENTIAL OPINION GREENAWAY, JR., Circuit Judge. This matter arises from a complex series of business transactions involving Anthony and Eugenia Emmanouil ("the Emmanouils"), their son Zachary, and Vincent Roggio ("Roggio"). There is a long and tortured history regarding the various transactions which need not be repeated here. Of these matters, the two that require this Court's attention are a mortgage loan the Emmanouils provided to Roggio and the attempted sale of West Belt Auto,...
OPINION OF THE COURT FISHER, Circuit Judge, joined by McKEE, Chief Judge, and SLOVITER, SCIRICA, RENDELL, AMBRO, FUENTES, SMITH, and JORDAN, Circuit Judges. William Garrus ("Garrus"), a Pennsylvania state prisoner, seeks federal habeas relief under 28 U.S.C. 2254, as amended by the Anti-Terrorism and Effective Death Penalty Act of 1996 ("AEDPA"). Garrus was found guilty in state court of voluntary manslaughter in 2001. At sentencing, the judge increased his sentence beyond the statutory...
OPINION OF THE COURT JORDAN, Circuit Judge. David Cunningham appeals the September 27, 2010 judgment of the United States District Court for the Western District of Pennsylvania sentencing him to 210 months' imprisonment and 20 years' supervised release based on his conviction for the receipt and distribution of child pornography, in violation of 18 U.S.C. 2252(a)(2). At trial, the District Court allowed the government, over Cunningham's objection, to show the jury two videos containing...
OPINION OF THE COURT HARDIMAN, Circuit Judge. This appeal presents a discrete question arising under the Civil Asset Forfeiture Reform Act (CAFRA), 28 U.S.C. 2465: does CAFRA entitle a convicted criminal to interest on an award of excess funds returned to him after he satisfies a restitution order We hold that it does not. I Following his federal criminal convictions for wire fraud and failure to appear at trial, the United States District Court for the Middle District of Pennsylvania...
FUENTES, Circuit Judge: Table of Contents I. Facts & Posture ........................................................ 233 A. Factual Background ................................................233 1. The Defendants ...............................................233 2. The Plant ....................................................234 B. Clean Water Act Violations ........................................234 1. Unlawful Discharge of Wastewater .............................235 2....
OPINION OF THE COURT McKEE, Chief Judge. Erick Oliva-Ramos petitions for review of an order of the Board of Immigration Appeals affirming an Immigration Judge's order removing him to Guatemala. He also seeks review of the BIA's denial of his motion to supplement the record and to reopen his removal proceeding before an Immigration Judge. 1 We must decide whether the BIA erred in refusing to apply the exclusionary rule in a removal proceeding under the circumstances in this case. A related...
OPINION GREENAWAY, JR., Circuit Judge. Appellant D.F. was a five-year-old kindergartener during the 2008-2009 school year, his first under the supervision of Appellee Collingswood Borough Board of Education ("Collingswood"). He had previously been educated in the Camden school system, which had identified him as a special needs student and developed an Individualized Education Plan ("IEP") for him. Collingswood adopted the Camden IEP in substantial part, with the consent of D.F.'s mother, A.C....
