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| In re Kokoski, No. 06-8004; No. 06-8018,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 5, 2007, Decided
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| United States v. Barton, No. 06-4873,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 5, 2007, Decided
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Overview: Defendant was not entitled to relitigate on a second appeal the issue of whether his multiple 18 U.S.C.S. § 924(c) convictions violated the Double Jeopardy Clause because the appellate court had already rejected that claim; the defendant's conviction for one drug offense count did not prevent him from being convicted for multiple firearms counts.
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| United States v. Bates, No. 06-4226,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 5, 2007, Decided
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Overview: District court did not err in reimposing a term of supervised release as it was clear that the district court need not have relied on 18 U.S.C.S. § 3583(h) because former § 3583(e)(3), which was in effect at the time defendant committed her initial offense, provided for the reimposition of supervised release following revocation and reimprisonment.
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| United States v. Fabian, No. 05-4094,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 5, 2007, Decided
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Overview: Defendant's sentence was affirmed as his Sixth Amendment constitutional rights were not violated because defendant's sentence was less than the high end of the guideline range that would have applied before a weapons enhancement was imposed and an acceptance of responsibility reduction was granted.
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| United States v. Vittitoe, No. 06-4688,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 5, 2007, Decided
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Overview: Defendant's sentence was affirmed as his 160-month sentence was presumptively reasonable because it was within both properly calculated USSG range and applicable statutory maximum, and record reflected that district court complied with 18 U.S.C.S. § 3553(a)(1) and considered defendant's personal history and circumstances in determining sentence.
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| United States v. Walden, No. 05-5128,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 5, 2007, Decided
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Overview: Defendant's sentence was affirmed. Defendant's prior record established, and defendant acknowledged at sentencing, that he had two convictions for drug offenses. Therefore, the district court's conclusion that defendant was a career offender under U.S. Sentencing Guidelines Manual § 4B1.1 was proper.
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