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| Creech v. Barnhart, No. 06-1264,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 18, 2007, Decided
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Overview: A district court did not abuse its discretion in denying a claimant seeking supplemental social security income attorneys' fees under the EAJA. Even if the Commissioner of Social Security (Commissioner) had lost and the claimant prevailed, the Commissioner's position was substantially justified to a degree that could satisfy a reasonable person.
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| McMahan v. Barnhart, No. 06-1695,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 18, 2007, Decided
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| Murphy v. O'Donnell (In re Murphy), No. 05-1637, No. 05-1844,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 18, 2007, Decided
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Overview: Debtor experienced substantial and unanticipated change in his post-confirmation financial condition based on the sale of his condominium, so the doctrine of res judicata did not prevent modification of his confirmed plan pursuant to 11 U.S.C.S. § 1329(a)(1) or (a)(2) to provide for full payment of pending unsecured claims.
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| Reid v. N.C. Dep't of Corr., No. 06-7167,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 18, 2007, Decided
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Overview: Petitioner's appeal from an order denying a 28 U.S.C.S. § 2254 petition was untimely because it was not filed within 30 days after the entry of the order as required by Fed. R. App. P. 4(a)(1)(A) and a motion for reconsideration that was filed more than ten days after entry of judgment did not toll the period for appeal of the underlying judgment.
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| Roberts v. Baptist Hosp., No. 06-1835,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 18, 2007, Decided
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| Roberts v. Ozmint, No. 06-7465,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 18, 2007, Decided
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| St. Clair v. Dir., OWCP, No. 06-1485; No. 06-1628,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 18, 2007, Decided
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| United States v. Mosby, No. 05-4909,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 18, 2007, Decided
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Overview: Although defendant's possession of a shotgun during a drug transaction formed the basis of a dismissed charge, the incident was properly considered for purposes of a sentence enhancement under U.S. Sentencing Guidelines Manual § 2D1.1(b)(1) because the district court was required to consider the broad context of defendant's relevant conduct.
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| United States v. Penniegraft, No. 06-4519,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 18, 2007, Decided
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Overview: Where defendant pled guilty to conspiracy to commit loan, mail, wire, and bank fraud, in violation of 18 U.S.C.S. § 371, a 28-month prison sentence was reasonable because the district court considered the 18 U.S.C.S. § 3553(a) factors and imposed a sentence that was within the statutorily prescribed range and the advisory guideline range.
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