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   Federal Courts - 4th Circuit Court of Appeals - January 30, 2007

  
Smith v. Charleston County Sch. Dist., No. 06-2001, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 30, 2007, Decided
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United States v. Baham, No. 06-4443, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 30, 2007, Decided
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Overview: A variance sentence two levels above an advisory guidelines range was unreasonable because the district court did not explain why the variance sentence better served sentencing objectives, did not consider a departure under the U.S. Sentencing Guidelines Manual, and did not consider a sentence within the range immediately above the advisory range.

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United States v. Griffin, No. 06-6776, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 30, 2007, Decided
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United States v. Moreno, No. 06-7631, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 30, 2007, Decided
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United States v. Morris, No. 06-7672, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 30, 2007, Decided
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United States v. Persaud, No. 06-7519, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 30, 2007, Decided
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United States v. Rose, No. 06-4160, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 30, 2007, Decided
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Overview: Defendant's sentence was affirmed as district court fully complied with appellate court's post-Booker sentencing analysis and district court acted reasonably with respect to the imposition of a variance and its extent. Defendant's conviction under 18 U.S.C.S. §§ 922(g), 924(e) was affirmed as jury's verdict was supported by substantial evidence.

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United States v. Shelton, No. 06-7390, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 30, 2007, Decided
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United States v. Smith, No. 06-4464, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 30, 2007, Decided
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Overview: Where defendant's girlfriend responded to an officer's inquiry by stating that guns were located in a closet, defendant's statement that everything was his was voluntary for purposes of the Fifth Amendment because the officer could not have foreseen that his exchange with the girlfriend would have prompted an incriminating response from defendant.

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United States v. Spruill, No. 06-7461, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 30, 2007, Decided
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