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   Federal Courts - 4th Circuit Court of Appeals - January 10, 2006

  
Heiko v. Colombo Sav. Bank, No. 04-2046, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 10, 2006, Decided
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Overview: In former's employee's disability discrimination suit, summary judgment was improper as to failure to promote claim as the employee presented a strong prima facie case of disability discrimination and considerable evidence of job qualifications superior to those of the person selected in his stead, but was proper as to constructive discharge claim.

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Humphrey v. Humphrey, No. 04-1036, No. 04-2242, No. 04-2465, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 10, 2006, Decided
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Overview: Dismissal of father's International Child Abduction Remedies Act petition was vacated; case was remanded. District court stated father was required to prove beyond reasonable doubt that children were habitually resident in United Kingdom at time of their removal, but father needed only to establish habitual residence by preponderance of evidence.

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Irwina v. Gonzales, No. 05-1729, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 10, 2006, Decided
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United States v. Bingham, No. 05-7029, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 10, 2006, Decided
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United States v. Collins, No. 04-4786, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 10, 2006, Decided
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United States v. Davis, No. 05-6089, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 10, 2006, Decided
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United States v. McKenzie, No. 05-4391, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 10, 2006, Decided
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Overview: Defendant's sentence was vacated and the case was remanded for resentencing without the aggravated role adjustment as defendant correctly asserted that the two-level role adjustment under USSG § 3B1.1(c) was unsupported because there was no evidence that he did any more than sell cocaine. Defendant's sentence was affirmed in all other respects.

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United States v. McQuinn, No. 05-6955, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 10, 2006, Decided
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United States v. Young, No. 03-4773, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 10, 2006, Decided
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Overview: On remand, defendant's sentence was affirmed. As Government conceded, defendant's 180-month sentence on carjacking count was based on facts not found by jury or admitted by defendant, but as sentence ran concurrently with life sentences, he could not show his substantial rights were violated by imposition of sentence based on judge-found facts.

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