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| Joe v. Funderburk, No. 06-7704,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 31, 2007, Decided
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| Martin v. Baskerville, No. 06-7740,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 31, 2007, Decided
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| McNeill v. Polk, No. 05-12,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 31, 2007, Decided
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Overview: In a plurality opinion, denial of 28 U.S.C.S. § 2254 habeas corpus relief was upheld because counsel did not provide ineffective assistance, but adequately presented evidence of defendant's good character and impaired mental capacity, properly presented evidence of a prison infraction, and properly conceded defendant's guilt of lesser charges.
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| United States v. Evans, No. 06-4843,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 31, 2007, Decided
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Overview: Defendant's sentence was affirmed as, while defendant alleged that his Sixth Amendment rights were violated by district court's factual finding that he possessed a firearm during a drug offense and application of a two-level enhancement, no Sixth Amendment error occurred because district court followed the procedure that was set out after Booker.
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| United States v. Fletcher, No. 06-7680,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 31, 2007, Decided
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| United States v. Gadsden, No. 06-4000,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 31, 2007, Decided
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Overview: In defendant's conviction of one count of bank robbery, the evidence was sufficient to submit the case to the jury and to deny defendant's Fed. R. Crim. P. 29 motion for judgment of acquittal because witnesses testified that defendant drove another person to one bank and that defendant "cased" two banks prior to the robberies.
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| United States v. Harris, No. 03-4297; No. 03-4298,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 31, 2007, Decided
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Overview: Where defendant was convicted of possession with intent to distribute cocaine, district court's use of a 5-15 kilogram range to assign an offense level violated the Sixth Amendment because the jury did not make a finding regarding the drug quantity attributable to defendant and the sentence imposed was beyond the maximum authorized by the verdict.
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| United States v. Marin-Colon, No. 06-4678,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 31, 2007, Decided
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Overview: Where defendant's true identity was material fact in probation officer's investigation, false information defendant offered about his identity had potential to obstruct officer's efforts and was materially false, and thus warranted enhancement to defendant's sentence for obstruction of justice under U.S. Sentencing Guidelines Manual § 3C1.1 (2005).
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| United States v. Newbold, No. 06-4159,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 31, 2007, Decided
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Overview: Defendant, who pleaded guilty to possession of drugs, money laundering, and being a felon in possession of a firearm, was properly sentenced under the Armed Career Criminal Act, 18 U.S.C.S. § 924, because his three prior state drug convictions were predicate offenses since they were "serious drug offenses" and carried terms of 10 years or more.
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