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   Federal Courts - 4th Circuit Court of Appeals - January 23, 2007

  
Rivas v. GEO Group, Inc., No. 06-7396, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 23, 2007, Decided
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Rowe v. Collins, No. 06-7576, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 23, 2007, Decided
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Smith v. Bazzle, No. 06-7500, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 23, 2007, Decided
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United States v. Benites-Correa, No. 06-7609, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 23, 2007, Decided
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United States v. Brandon, No. 04-4831, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 23, 2007, Decided
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Overview: A sentence of a term of 260 months, imposed for convictions for conspiracy to distribute cocaine base and distributing cocaine base, was remanded because the district court's explanations as to its resentencing decision and the nature of its alternate sentence were unclear, and the uncertainty could only be resolved by a remand for resentencing.

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United States v. Edwards, No. 06-4017, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 23, 2007, Decided
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United States v. Grady, No. 06-4200, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 23, 2007, Decided
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Overview: Defendant's conviction and sentence were affirmed. The record reflected that defendant was less than forthcoming concerning his drug activities. Accordingly, there was no issue with the district court's conclusion that defendant was ineligible for application of the safety valve provisions in 18 U.S.C.S. § 3553(f) and USSG § 5C1.2.

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United States v. Jones, No. 06-4571, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 23, 2007, Decided
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Overview: Defendant's sentence was reasonable as district court properly calculated advisory USSG range and adequately considered 18 U.S.C.S. § 3553(a) factors. The district court considered and rejected defendant's contention that he should be sentenced below the advisory USSG range based on his lack of guidance as a youth and his substance abuse problems.

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United States v. Wall, No. 06-4487, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 23, 2007, Decided
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Overview: Defendant's sentence on the armed bank robbery count was affirmed. The district court did not clearly err in the application of the two-level U.S. Sentencing Guidelines Manual § 3B1.1(c) (2003) enhancement for defendant's role in the offense.

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United States v. Whitaker, No. 06-4543, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 23, 2007, Decided
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Overview: Defendant's sentence was affirmed. Defendant agreed he was accountable for between three and seven firearms. Given this agreement, the source of information supporting the enhancement was irrelevant. Furthermore, his concession rendered his objection to the enhancement on Sixth Amendment grounds and Booker meritless.

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