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| Baker v. Virginia, No. 05-6009,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 25, 2007, Decided
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Overview: A certificate of appealability was denied, under 28 U.S.C.S. § 2253(c)(1), and prisoner's appeal from dismissal of successive 28 U.S.C.S. § 2254 petition was dismissed as he failed to show that reasonable jurists would have found that a district court's assessment of constitutional claims and dispositive procedural rulings were debatable or wrong.
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| Fomboh v. Gonzales, No. 06-1275,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 25, 2007, Decided
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Overview: Alien could not establish entitlement to withholding of removal under 8 U.S.C.S. § 1231(b)(3) as she could not sustain burden on asylum claim because substantial evidence supported BIA's adverse credibility finding and ruling that alien failed to establish past persecution or a well-founded fear of future persecution, under 8 C.F.R. § 1208.13(a).
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| United States v. Cantu Rios, No. 06-6416,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 25, 2007, Decided
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| United States v. Delaney, No. 06-4868,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 25, 2007, Decided
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Overview: The base offense level for the sentence imposed on defendant, who was convicted of escape and for being a felon in possession of firearms, was properly enhanced because his prior escape conviction and his prior conviction for forcibly assaulting or resisting a federal officer were crimes of violence under U.S. Sentencing Guidelines § 4B1.2(a).
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| United States v. Lowry, No. 06-4423,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 25, 2007, Decided
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Overview: Defendant's sentence was vacated and remanded for resentencing as district court's failure to make factual findings concerning the drug quantity to be attributed to defendant in calculating the advisory guideline range, based on its misinterpretation of appellate court's opinion remanding the case in light of Booker, rendered sentence unreasonable.
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| United States v. Rivers, No. 05-5045,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 25, 2007, Decided
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Overview: There was no error in a district court's denial of defendant's Fed. R. Crim. P. 29 motion for judgment of acquittal because defendant's argument on appeal amounted to nothing more than his belief that government witnesses were not credible, and witness credibility was solely within the province of the jury and would not be reassessed on appeal.
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| United States v. Sanchez-Montero, No. 06-4414,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 25, 2007, Decided
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Overview: Defendant's conviction and sentence were affirmed as indictment validly charged offense, a thorough inquiry was conducted under Fed. R. Crim. P. 11 that verified that defendant's guilty plea was knowing and voluntary, and appellate court previously rejected argument similar to defendant's argument about his base offense level under USSG § 2D1.1(c).
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| United States v. Toranzo, No. 06-7321,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 25, 2007, Decided
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