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   Federal Courts - 4th Circuit Court of Appeals - January 18, 2006

  
Brown v. Powell, No. 05-7233, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 18, 2006, Decided
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Butts v. Jamaludeen, No. 05-7398, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 18, 2006, Decided
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Cirineo v. Adams, No. 05-7257, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 18, 2006, Decided
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Michau v. Charleston County, No. 04-7726, No. 04-7734, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 18, 2006, Decided
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Overview: The dismissal of an inmate's civil rights claims was affirmed because, although the Prison Litigation Reform Act was inapplicable since the inmate was detained under the Sexually Violent Predator Act, S.C. Code Ann. § 44-48-70, the district court did not abuse its discretion in dismissing the complaint under 28 U.S.C.S. § 1915(e)(2)(B).

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Newport News Shipbuilding & Dry Dock Co. v. Wainwright, No. 05-1816, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 18, 2006, Decided
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United States v. Aubin, No. 05-6427, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 18, 2006, Decided
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United States v. Cohn, No. 04-4283, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 18, 2006, Decided
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Overview: Appellate court dismissed defendant's appeal of his conviction and first three motions for a new trial under Fed. R. Crim. P. 33 as they were untimely filed under Fed. R. App. 4. The court affirmed defendant's conviction as he failed to show in his fourth motion the existence of new evidence for acquittal or exculpatory evidence that was withheld.

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United States v. Cunningham, No. 05-4650, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 18, 2006, Decided
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United States v. Dewalt, No. 05-4661, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 18, 2006, Decided
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United States v. Green, No. 05-4137, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 18, 2006, Decided
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Overview: Where plea agreement did not limit the United States or defendant from arguing any sentencing factor other than those to which the parties stipulated, the United States' introduction of evidence in support of a one-level increase for taking of security guard's firearm did not amount to a breach of plea agreement. Defendant's sentence was affirmed.

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