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   Federal Courts - 4th Circuit Court of Appeals - January 10, 2007

  
Hosey v. Valley Camp Coal Co., No. 06-1712, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 10, 2007, Decided
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In re Dixon, No. 06-2186, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 10, 2007, Decided
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In re Turner, No. 06-1941, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 10, 2007, Decided
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Parks-El v. Fleming, No. 06-7151, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 10, 2007, Decided
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Overview: An inmate's complaint against a correctional facility warden, its chaplain, and others was erroneously dismissed because it alleged a violation of RLUIPA, 42 U.S.C.S. § 2000cc-1(a), and a free exercise claim because it averred that an unwarranted suspension imposed a significant burden on his ability to properly complete his observance of Ramadan.

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Republic Western Ins. Co. v. Williams, No. 06-1045; No. 06-1046, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 10, 2007, Decided
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Overview: In a declaratory judgment action regarding insurance coverage, Fed. R. Civ. P. 56(c) summary judgment was reversed because coverage for an owner-operator of a tractor was excluded under his insurance policy, as he was acting on company business at the time of an accident, and he was covered under the permissive use provision of a company's policy.

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Sprouse v. Mitchell, No. 06-7514, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 10, 2007, Decided
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Steelman v. Hirsch, No. 06-1007, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 10, 2007, Decided
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Overview: Romantic partners who worked side by side in a dog-grooming business and supported themselves from the proceeds of business and drew freely from business resources were not engaged in a true employer-employee relationship, as there was no bargained-for-exchange of labor for mutual economic gain, and thus, compensation under FLSA was inappropriate.

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United States v. Drayton, No. 06-4227, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 10, 2007, Decided
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Overview: Court upheld convictions and sentence based on defendant's guilty plea to bank robbery, armed bank robbery, and related firearms offenses since a guilty plea waived consideration of defendant's claim that he was tricked into confessing, and there was no evidence to rebut the presumption that the guilty plea was both knowingly and voluntarily made.

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United States v. Hernandez-Villanueva, No. 06-4211, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 10, 2007, Decided
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Overview: Defendant's sentence for unauthorized reentry into the U.S., 8 U.S.C.S. § 1326(a), was affirmed. Although 18-month sentence was 3 times high end of 0 to 6 months sentencing range, the sentence, which was only 75 percent of the 2-year statutory maximum sentence, unquestionably served 18 U.S.C.S. § 3553(a) factors based on defendant's gang activity.

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United States v. Hill, No. 06-4092, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 10, 2007, Decided
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Overview: A stretch of road between a naval base gate and a drive was open to the public's use for the purposes of vehicular travel and was thus a "highway" under Va. Code Ann. § 46.2-100; thus, defendant's conviction under the Assimilative Crimes Act for driving a motor vehicle on a Virginia highway with a suspended or revoked license was affirmed.

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