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   Federal Courts - 4th Circuit Court of Appeals - January 9, 2006

  
Essim v. Gonzales, No. 05-1708, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 9, 2006, Decided
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Miller v. Jackson, No. 05-7323, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 9, 2006, Decided
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Patel v. Gonzales, No. 05-1326, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 9, 2006, Decided
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United States v. Baldovinos, No. 05-4252, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 9, 2006, Decided
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Overview: Judgment of the district court was affirmed. In resolving defendant's involuntary medication claim, appellate court concluded that its analysis was governed by the principles of Sell, the appellate court accepted the prosecution's concession of plain error, and in the exercise of the appellate court's discretion it declined to correct the error.

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United States v. King, No. 03-4930, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 9, 2006, Decided
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Overview: Admission of business records against defendant was not plain error under the Sixth Amendment, because business records were not testimonial, and therefore his convictions were affirmed.

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United States v. Kyle, No. 04-4129, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 9, 2006, Decided
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Overview: Defendant's Booker challenge to his sentence was rejected under the Sixth Amendment where he admitted the facts underlying his sentence.

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United States v. McCartney, No. 05-4453, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 9, 2006, Decided
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Overview: Where the Government agreed in a plea agreement to recommend a sentence at the low end of the guidelines range, the Government breached the agreement by not making a recommendation; the district court's action in deeming the recommendation made did not excuse the Government's failure to comply.

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United States v. Rizzi, No. 05-4240, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 9, 2006, Decided
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Overview: District court's order granting defendant's motion to suppress was reversed. Because no party questioned that the warrant in the instant case was issued on probable cause and involved controlled substances, 21 U.S.C.S. § 879 authorized its execution at any time day or night.

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