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   Federal Courts - 4th Circuit Court of Appeals - January 30, 2006

  
United States v. Davis, No. 04-7484, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 30, 2006, Decided
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United States v. Epps, No. 05-6275, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 30, 2006, Decided
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United States v. Gartrell, No. 05-6830, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 30, 2006, Decided
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United States v. Matthews, No. 04-5094, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 30, 2006, Decided
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Overview: While district court clearly erred in sentencing defendant under the mandatory USSG scheme, any error was harmless because, while district court could have given defendant a lower sentence, even under the mandatory scheme, it chose not to, and district court explicitly noted that, even if USSG were advisory, it would have imposed the same sentence.

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United States v. McDaniels, No. 05-4796, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 30, 2006, Decided
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Overview: Defendant's 46-month sentence for possession of a firearm under advisory guidelines was reasonable because the district court properly calculated the guideline range, sentenced him only after considering the guidelines and the factors in 18 U.S.C.S. § 3553(a), and clearly stated that it deemed the sentence appropriate under the circumstances.

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United States v. Miles, No. 05-4723, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 30, 2006, Decided
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Overview: A district court did not err in declining to adjust the offense level downward under U.S. Sentencing Guidelines Manual § 3E1.1(a) (2004) after concluding that defendant's continued use of marijuana demonstrated that he had not accepted responsibility for his criminal conduct.

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United States v. Young, No. 05-6393, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 30, 2006, Decided
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Warch v. Ohio Cas. Ins. Co., No. 04-2354, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 30, 2006, Decided
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Overview: Former employer was properly granted Fed. R. Civ. P. 56(c) summary judgment in a former employee's Age Discrimination in Employment Act, 29 U.S.C.S. § 623(a)(1), suit. There was no genuine issue of material fact that the employee did not meet job expectations, was not replaced by a younger employee, or that age was not a factor in the termination.

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Washington v. Dep't of Pub. Safety & Corr. Servs., No. 05-1749, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 30, 2006, Decided
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