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   Federal Courts - 4th Circuit Court of Appeals - February 2, 2007

  
Djomasi v. Gonzales, No. 06-1711, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 2, 2007, Decided
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Overview: Alien, a native and citizen of Cameroon, was not entitled to a petition for review of the denial of his application for asylum under 8 U.S.C.S. § 1158(a). An IJ's adverse credibility finding was supported by the record, and the evidence presented to the IJ did not compel a finding that the alien had established the requisite fear of persecution.

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Green v. Young, No. 04-7252, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 2, 2007, Decided
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Johnson v. Caudill, No. 06-1281, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 2, 2007, Decided
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Overview: A county sheriff was erroneously denied summary judgment on the basis of qualified immunity in a § 1983 suit. A reasonable official in the sheriff's position would not have considered the termination of a female narcotics officer to violate her constitutional rights since she was terminated because she could no longer work for a drug task force.

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Rogers v. Barnhart, No. 05-2286, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 2, 2007, Decided
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Overview: Substantial evidence supported Commissioner of Social Security's denial of disability benefits under SSA to a claimant because claimant could perform past relevant work as self-employed machine operator. Any consideration of whether such past relevant work still existed was irrelevant, as claimant only needed to be capable of performing such work.

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United States v. Koon Chung Wu, No. 06-4172, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 2, 2007, Decided
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Overview: Search warrant affidavits supporting searches of packages which revealed items obtained by defendant's unauthorized credit card use were supported by probable cause, as required by Fourth Amendment. Even though drug-detection dog falsely alerted to presence of drugs in packages, dog's training described in affidavits established dog's reliability.

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United States v. Mason, No. 05-4500, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 2, 2007, Decided
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Overview: Defendant, whose convictions included conspiracy to distribute more than 500 grams of cocaine, was not entitled to a sentencing reduction under U.S. Sentencing Guidelines Manual § 3E1.1 because the fact that he was willing to plead guilty to distributing less than 500 grams of cocaine did not establish the requisite acceptance of responsibility.

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United States v. Nicholson, No. 04-6092, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 2, 2007, Decided
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Overview: In a § 2255 case involving illegal possession of a firearm, counsel provided defendant with constitutionally ineffective assistance due to an actual conflict of interest because he also represented a person whom defendant claimed had threatened his life, but remand was required to determine if this conflict adversely impacted counsel's performance.

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Washington v. City of Charlotte, No. 05-1810, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 2, 2007, Decided
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Overview: A district court properly held that a former employee was unable to show a genuine factual question as to whether white supervisors had been retained by a city after they violated employment policies which the employee was terminated for violating. The employee thus failed to establish prima facie case of discriminatory termination under Title VII.

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