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| Boyd & Stevenson Coal Co. v. Dir., Office of Workers' Comp. Programs, No. 02-1088,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 26, 2007, Filed
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| Davidson Mining, Inc. v. Wilcoxen, No. 05-1929,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 26, 2007, Decided
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| United States v. Bokman, No. 06-4599,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 26, 2007, Decided
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Overview: Defendant's conviction and sentence were affirmed. The statements made by the informant during the firearm transactions fully supported the jury's finding, for purposes of 18 U.S.C.S. § 922(d)(1), that defendant had at least reasonable cause to believe that the informant had been convicted of a crime punishable by more than one year.
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| United States v. Gomez, No. 06-4268,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 26, 2007, Decided
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Overview: In sentencing defendant, a district court's failure to impose a sentence closer to shorter sentences given to codefendants did not constitute failure to consider 18 U.S.C.S. § 3553 factors; sentencing disparities were warranted under § 3553(a)(6) because codefendants were held responsible for less cocaine and had lower criminal history categories.
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| United States v. Lassiter, No. 06-7509,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 26, 2007, Decided
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Overview: Certificate of appealability was denied, under 28 U.S.C.S. § 2253(c), and defendant's appeal from dismissal of successive 28 U.S.C.S. § 2255 motion was dismissed because he failed to show that any assessment of constitutional claims by district court was debatable or wrong and that any dispositive procedural ruling by district court was debatable.
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| United States v. Lockhart, No. 06-4394,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 26, 2007, Decided
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Overview: Defendant, who pleaded guilty to one count of possession of a firearm by a felon, was properly sentenced to 84 months in prison because the U.S. Sentencing Guidelines range in the presentence investigation report was properly calculated, and the district court treated the Guidelines as advisory, and it considered the relevant statutory factors.
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| United States v. Missouri, No. 06-7802,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 26, 2007, Decided
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| United States v. Myers, No. 06-4192,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 26, 2007, Decided
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Overview: Defendant's conviction and sentence were affirmed because, while defendant's waiver of the right to appeal did not preclude him from bringing his appeal based on a claim of ineffective assistance of counsel, his ineffective assistance of counsel claim was not cognizable on direct review because it did not appear conclusively from the record.
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| United States v. Olshinski, No. 06-4711,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 26, 2007, Decided
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Overview: Defendant's sentence was reasonable because (1) a district court sentenced defendant post-Booker, appropriately treated the USSG as advisory, and considered the 18 U.S.C.S. § 3553(a) factors, (2) defendant's one hundred month sentence fell within the calculated guideline range, and (3) the sentence was well within the ten-year statutory maximum.
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