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31 Jan 2009, 7:58 am
Filiphttp://www.ca3.uscourts.gov/opinarch/081148np.pdfNot PrecedentialNo. 08-1148January 21, 2009Judges McKee, Nygaard, and Roth. [read post]
25 Oct 2008, 5:57 pm
Frye of the US Attorney in Philadelphia, PA.Judges McKee, Stapleton, and Nygaard -- opinion by Judge Nygaard. [read post]
12 Jul 2008, 12:15 pm
The Third Circuit overturned the BIA's decision and remanded the case to force the BIA to address the asylum-seeker's claim of future persecution.By the way, Judge Riefkohl initially denied the asylum-seeker's claim on the ground that the claim was not credible. [read post]
4 Mar 2008, 12:31 pm
In a majority opinion drafted by Judge Rendell (joined by Nygaard), the Third Circuit held that the "discontinuance" was not a sentence under § 4A1.2(a) and that the resulting improper Guidelines range was not harmless error.With respect to the "discontinuance" the Court focused on the language of § 4A1.2(a) which limits the assignment of criminal history points to those offenses committed prior to age eighteen which… [read post]
16 Feb 2008, 5:40 am
Jan. 28, 2008) (not precedential), Judges Rendell, Nygaard, and Vanaskie (sitting by designation from M.D. [read post]
7 Feb 2008, 7:59 am
Circuit Judge Nygaard's majority opinion, joined by Circuit Judge McKee, ruled that the disparate treatment of in-state and out-of-state offenders violated the Equal Protection Clause, finding that the Commonwealth's interest in protecting citizens from sex offenses committed by repeat offenders did not provide a rational basis for discriminating between in-state and out-of-state offenders. [read post]
5 Feb 2008, 8:40 pm
County of Allegheny (a Section 1983 case) in an opinion written by Judge Nygaard. [read post]
6 Sep 2006, 12:40 pm
Judge Nygaard subsequently recused himself from the reconstituted panel. [read post]
24 Aug 2006, 7:02 am
Nygaard, of Erie, became a senior judge last summer. [read post]