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| Bizuneh v. Gonzales, No. 06-1240,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 16, 2007, Decided
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Overview: Petition for review of IJ's determination that alien failed to establish eligibility for asylum was denied as alien failed to show that evidence compelled a contrary result. Since substantial evidence supported conclusion that alien was ineligible for asylum, she likewise failed to qualify for withholding of removal under 8 U.S.C.S. § 1231(b)(3).
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| Gilliam v. S.C. Dep't of Juvenile Justice, No. 05-1995,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 16, 2007, Decided
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Overview: Although a district court erred in declining to apply the continuing violation doctrine to a former employee's Title VII racially hostile work environment claim, it upheld Fed. R. Civ. P. 56(c) summary judgment in favor of a former employer because the employee failed to present any evidence showing that her supervisor harassed her due to her race.
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| United States v. Curry, No. 06-4429,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 16, 2007, Decided
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Overview: Defendant's convictions and sentence were affirmed as the evidence was sufficient to convict defendant, and a prior decision foreclosed defendant's claim that his North Carolina conviction for felony possession of cocaine did not qualify as a felony drug offense for purposes of applying the enhanced statutory penalties in 21 U.S.C.S. § 841(b).
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| United States v. McLachlan, No. 06-4306,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 16, 2007, Decided
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Overview: Sentence of 96 months, imposed on defendant, who was convicted of possessing a firearm as a convicted felon, was upheld as presumptively reasonable because the district court properly calculated defendant's advisory U.S. Sentencing Guidelines range, considered the 18 U.S.C.S. § 3553(a) factors, and gave its reasons for sentencing within the range.
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| United States v. Tucker, No. 06-4122,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 16, 2007, Decided
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Overview: Sentence of 144 months' imprisonment for bank fraud was vacated and remanded. While defendant's recidivism warranted a variance, a sentence almost five times greater than the top of the guidelines range was not reasonable, and the district court did not adequately justify the variance or explain why it served the goals of 18 U.S.C.S. § 3553(a).
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| United States v. Williamson, No. 06-4370,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 16, 2007, Decided
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Overview: Evidence was sufficient to show that defendant violated the terms of his supervised release because, although he claimed that he entered an Alford plea to breaking and entering only to avoid being charged as an habitual felon, testimony of the responding police officer and defendant's probation officer supported the breaking and entering charge.
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