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| Keflu v. Gonzales, No. 06-1603,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 6, 2007, Decided
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Overview: An alien's petition for review of an order denying her application for asylum, under 8 U.S.C.S. § 1158(a), was denied because the alien failed to show she was persecuted on account of a protected ground or because of an imputed political opinion, and the evidence was not so compelling as to warrant a different result.
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| Njweng v. Gonzales, No. 06-1612,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 6, 2007, Decided
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Overview: Alien's petition for review was denied as whether or not alien should have been permitted under amended regulations to apply for adjustment of status was irrelevant so long as she was inadmissible for having falsely claimed to be a U.S. citizen, and decision that she was inadmissible was not manifestly contrary to law under 8 U.S.C.S. § 1252(b)(4).
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| Odogwu v. Gonzales, No. 05-2315,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 6, 2007, Decided
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Overview: Nigerian alien was ineligible for adjustment of status under 8 U.S.C.S. § 1229c(d) and properly ordered removed because he violated a voluntary departure order and the fact that an IJ granted the alien's motion to reopen on the basis of an asylum application did not retroactively nullify the consequences of violating the voluntary departure order.
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| United States v. 890,718.00 in United States Currency, No. 06-1747; No. 06-1748,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 6, 2007, Decided
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| United States v. Hooks, No. 05-4892,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 6, 2007, Decided
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Overview: Defendant's sentence was affirmed as district court took guidelines into account in determining defendant's sentence, made all factual findings appropriate for that determination, considered sentencing range along with other factors described in 18 U.S.C.S. § 3553(a), and imposed sentence that was within statutorily prescribed range and reasonable.
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| United States v. Morgan, No. 06-4748,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 6, 2007, Decided
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Overview: Defendant's conviction for aiding and abetting distribution of a controlled substance within 1,000 feet of a protected location was affirmed as co-defendant testified that she frequently dealt drugs from club and that defendant was her supplier, and jury was permitted to observe video of transaction and determine extent of defendant's involvement.
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| United States v. Richardson, No. 06-4624,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 6, 2007, Decided
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Overview: Defendant's sentence was affirmed as (1) his request for variance based on crack/powder cocaine disparity of sentencing guidelines was properly rejected, and (2) sentence was reasonable as district court appropriately treated guidelines as advisory, and properly calculated and considered guideline range and relevant 18 U.S.C.S. § 3553(a) factors.
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| United States v. Smith, No. 06-4730,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 6, 2007, Decided
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Overview: District court properly sentenced defendant in accordance with crack found in his pocket during search warrant execution where district court properly considered factors of 18 U.S.C.S. § 3553(a). Although witness was inconsistent about number of times he bought crack from defendant, it was within district court's province to find witness credible.
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| United States v. Vance, No. 06-4287,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 6, 2007, Decided
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Overview: It was not an abuse of discretion to admit an affidavit of deputy clerk of court to prove that defendant had not had civil rights reinstated as, inter alia, it qualified as self-authenticating public document under seal under Fed. R. Evid. 902(1) as it was properly notarized affidavit, signed by deputy clerk, and bore raised seal of circuit court.
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