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   Federal Courts - 4th Circuit Court of Appeals - February 3, 2006

  
Prom v. Johnson, No. 05-7515, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 3, 2006, Decided
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Trumball Invs. Ltd. I v. Wachovia Bank, N.A., No. 05-1536, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 3, 2006, Decided
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Overview: A bank was not required to follow the oral investment instructions of an individual in a discretionary investment account because the language "shall in its discretion" allowed the bank to use its expert judgment in deciding whether or not to follow the instructions.

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United States v. Boomer, No. 04-4907, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 3, 2006, Decided
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Overview: Convictions under 21 U.S.C.S. §§ 841 and § 924(c) were affirmed because the district court properly applied the good faith exception to the exclusionary rule, defendant failed to show that the prosecution did not make a potentially exculpatory videotape of the search available to defendant, and the evidence was sufficient.

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United States v. Carson, No. 04-4270, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 3, 2006, Decided
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Overview: Defendant's conviction for aiding and abetting armed bank robbery in violation of 18 U.S.C.S. §§ 2, 2113 and use and carry of a firearm during a crime of violence in violation of 18 U.S.C.S. §§ 2, 924(c) was affirmed because the denial of defendant's motion to withdraw his guilty plea was a proper exercise of discretion.

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United States v. Fluker, No. 05-7528, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 3, 2006, Decided
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United States v. Layne, No. 05-7785, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 3, 2006, Decided
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United States v. Maxwell, No. 05-7860, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 3, 2006, Decided
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United States v. Ricks, No. 04-4055, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 3, 2006, Decided
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Overview: Defendant was entitled to resentencing for aggravated sexual abuse of a minor because the enhancement based on his role as his stepdaughter's caregiver, a fact not found by the jury or admitted, was not harmless error because it resulted in a sentence that exceeded the maximum he would have received based on admitted or jury-found facts.

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United States v. Stanley, No. 05-7602, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 3, 2006, Decided
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United States v. Stapleton, No. 05-7726, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 3, 2006, Decided
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