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   Federal Courts - 4th Circuit Court of Appeals - January 25, 2006

  
United States v. Gardner, No. 05-7265, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 25, 2006, Decided
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United States v. Gomez, No. 05-7223, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 25, 2006, Decided
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United States v. Haston, No. 05-4485, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 25, 2006, Decided
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Overview: The district court's judgment was affirmed. Defendant's sentence was not only within advisory guideline range, but also well below statutory maximum. Furthermore, sentence was reasonable as district court appropriately treated USSG as advisory, calculated and considered guideline range, and weighed the relevant 18 U.S.C.S. § 3553(a) factors.

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United States v. Lundy, No. 04-5016, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 25, 2006, Decided
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Overview: The district court did not err in finding that the search warrant was supported by probable cause. The confidential informant (CI) had provided reliable information to the DEA agent before witnessing defendant's criminal activity. Moreover, the Sheriff's Department was able to corroborate all of the timely and specific details provided by the CI.

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United States v. Martinez-Flores, No. 05-4673, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 25, 2006, Decided
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Overview: Defendant's sentence was not only within the USSG range, but also well below the statutory maximum of ten years for each count. The sentence imposed by the district court was reasonable as it appropriately treated the guidelines as advisory, calculated and considered the guideline range, and weighed the relevant 18 U.S.C.S. § 3553(a) factors.

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United States v. McLean, No. 05-7281, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 25, 2006, Decided
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United States v. O'Dell, No. 05-4440, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 25, 2006, Decided
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United States v. Porter, No. 05-7268, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 25, 2006, Decided
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United States v. Rolle, No. 05-7554, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 25, 2006, Decided
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United States v. Smith, No. 05-4395, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 25, 2006, Decided
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Overview: Four-to-ten month range for defendant's sentence recommended by U.S. Sentencing Guidelines Manual § 7B1.4(a) was not binding on district court. The imposition of a twenty-four month sentence upon the revocation of defendant's supervised release was reasonable where defendant had received a significant downward departure from his original sentence.

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