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

  
Allen v. SSA, No. 05-1646, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 4, 2006, Decided
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Boone v. Hickey, No. 05-7606, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 4, 2006, Decided
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Hargrove v. Steiner, No. 05-1736, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 4, 2006, Decided
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Herbin v. Johnson, No. 05-7492, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 4, 2006, Decided
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Jacobs v. Yu Fan, No. 05-1858, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 4, 2006, Decided
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Oyebanji Moronfolu Adeoye v. Gonzales, No. 05-1203, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 4, 2006, Decided
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Overview: Court lacked jurisdiction over petition for review where alien's claim, that BIA's refusal to reconsider its decision denying reopening was overly strict, did not present constitutional or other legal issues, as required by 8 U.S.C.S. § 1252(a)(2)(D), but instead challenged exercise by BIA of its discretionary authority, under 8 C.F.R. § 1003.2(a).

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United States v. Bailey, No. 05-7678, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 4, 2006, Decided
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United States v. Claiborne, No. 05-7679, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 4, 2006, Decided
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United States v. Foster, No. 04-4985, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 4, 2006, Decided
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Overview: Defendant's conviction for violation of 18 U.S.C.S. § 922(g)(1) was affirmed. Police officer testified that defendant pointed gun at him; another officer testified he heard metallic sound and saw defendant running from car. Both officers discovered gun that defendant pointed at officer in dumpster. The testimony was sufficient to convict defendant.

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United States v. Fox, No. 05-4361, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 4, 2006, Decided
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Overview: Defendant's 41 month sentence was affirmed where his sentence was at the lowest end of the guideline range, was below the statutory maximum of five years, and the sentence was reasonable as district court appropriately treated USSG as advisory, calculated and considered the guideline range, and weighed the relevant 18 U.S.C.S. § 3553(a) factors.

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