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   Federal Courts - 4th Circuit Court of Appeals - January 3, 2006

  
Barr v. Cooper, No. 05-7311, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 3, 2006, Decided
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Butler v. Johnson, No. 05-7241, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 3, 2006, Decided
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Dockser v. Schwartzberg, No. 05-1273, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 3, 2006, Decided
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Overview: Dismissal of plaintiffs' complaint alleging that defendant's request for a three-arbitrator panel violated parties' agreement was affirmed. The question of number of arbitrators was one of arbitration procedure, and parties' agreement did nothing to overcome the presumption that such questions were for arbitral, rather than judicial, resolution.

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Gilmore v. Frazier, No. 05-7431, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 3, 2006, Decided
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Goodman v. Johnson, No. 05-7236, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 3, 2006, Decided
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Higuit v. Gonzales, No. 05-1002, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 3, 2006, Decided
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Overview: Denial of petitioner's asylum request was affirmed where the IJ properly determined that the petitioner was ineligible for relief because he had engaged in nonphysical persecution as an intelligence operative for the Marcos regime in the Philippines so that asylum relief was foreclosed under 8 U.S.C.S. § 1158(b)(2)(A)(i).

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Jenkins v. Simpson, No. 05-7309, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 3, 2006, Decided
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Smith v. Kuplinski, No. 05-7349, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 3, 2006, Decided
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United States v. Ancrum, No. 05-4010, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 3, 2006, Decided
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Overview: Expert testimony on prosecution of drug conspiracy would not have helped jury make necessary credibility determinations and district court did not abuse its discretion in excluding proffered testimony, under Fed. R. Evid. 702, where defendant was able to fully cross-examine cooperating witnesses regarding benefits they received for their testimony.

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United States v. Anderson, No. 04-4972, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 3, 2006, Decided
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Overview: Defendant's sentence was vacated and remanded for proceedings consistent with Booker where the United States conceded Booker error, and, in the absence of jury findings on specific drug quantities, the United States could not have demonstrated that any error in calculating defendant's sentence was harmless.

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