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| Gross v. SES Americom, Inc., No. 05-2304,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 11, 2007, Decided
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Overview: Fed. R. Civ. P. 56(c) summary judgment was upheld in a breach of contract suit between communications companies because one company did not cause the nonfulfillment of a condition precedent, which would have entitled the other company to additional compensation upon obtaining an FCC license, since there was no possibility of obtaining the license.
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| Lamb v. Boeing Co., No. 05-1843,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 11, 2007, Decided
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Overview: Summary judgment in favor of an employer in an employee's Title VII suit alleging failure to promote, retaliation, and a racially hostile work environment was upheld because the employee failed to rebut the employer's legitimate nondiscriminatory reasons for its promotion decisions, which were made by managers who were unaware of his EEOC charges.
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| Malik v. Gonzales, No. 05-2022,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 11, 2007, Decided
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Overview: An alien, a native and citizen of Pakistan, was not entitled to review of an order of removal because he failed to exhaust his ineffective assistance of counsel claim, as required by 8 U.S.C.S. § 1252(d)(1), and the decision to prosecute him after he complied with statutory registration requirements did not violate his constitutional rights.
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| United States v. Banks, No. 06-4151,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 11, 2007, Decided
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Overview: Defendant's conviction and sentence were affirmed. Trial judge made every effort to accommodate defendant's desire to participate in jury view and his desire to avoid being seen in shackles by jury, so, as exclusion of defendant from jury view would not have amounted to constitutional violation, his participation by means of unmarked van did not.
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| United States v. Bowens, No. 06-7020,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 11, 2007, Decided
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| United States v. Buckner, No. 06-4399,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 11, 2007, Decided
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Overview: In wire and mail fraud convictions, defendant was properly denied suppression of evidence from password-protected files on a computer's hard drive. His wife had apparent authority to consent to the search since the computer was in the home's living room, it was leased in her name, and there was no indication that any files were password-protected.
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| United States v. Robinson, No. 05-5276,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 11, 2007, Decided
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Overview: Sixty month sentence for defendant, who pleaded guilty to conspiracy to distribute and to possess with intent to distribute crack cocaine and cocaine, was vacated and remanded under Booker since a district court erred in declining to impose a role enhancement on the basis that the indictment did not explicitly charge defendant with being a leader.
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| United States v. Waters, No. 06-7401,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 11, 2007, Decided
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| United States v. Williams, No. 06-4623,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 11, 2007, Decided
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Overview: Conviction and 118 month sentence imposed pursuant to defendant's guilty plea to conspiracy to distribute and to possess with intent to distribute cocaine was upheld because the trial court conducted a thorough Fed. R. Crim. P. 11 colloquy, and defendant did not show any error in the district court's adoption of the presentence report.
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