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| Deiter v. Microsoft Corp., No. 04-1633,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 7, 2006, Decided
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Overview: In an antitrust class action by computer software purchasers against a software seller, certain business purchasers were properly excluded from the class for lack of typicality under Fed. R. Civ. P. 23(a)(3) where there were meaningful differences between the business purchasers' claims under 15 U.S.C.S. § 2 and the claims of individual purchasers.
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| Ngalla v. Gonzales, No. 05-1785,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 7, 2006, Decided
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Overview: An alien's petition for review of the decision denying his applications for asylum and withholding from removal was denied where the immigration judge's negative credibility finding was supported by substantial evidence, as required by 8 U.S.C.S. § 1252(b)(4)(B), and the evidence was not so compelling as to warrant reversal.
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| United States v. Alston, No. 05-4009,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 7, 2006, Decided
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Overview: A district court did not violate the Sixth Amendment by sentencing defendant as an armed career criminal when his prior convictions for drug offenses were not admitted by him or submitted to a jury.
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| United States v. Curry, No. 04-4478,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 7, 2006, Decided
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Overview: Defendant's attempts to challenge his sentence on appeal were foreclosed by the waiver provisions in his plea agreement where the district court conducted an adequate Fed. R. Crim. P. 11 plea colloquy, appeal waiver was knowingly and intelligently made, and subsequent issuance of Blakely and its progeny did not invalidate an otherwise valid waiver.
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| United States v. Everhart, No. 04-5124,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 7, 2006, Decided
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Overview: Where Government established foundation for duplicate recordings, and defendant did not raise question to authenticity of original, there was no abuse of discretion in admitting recordings. Sentence imposed under mandatory USSG scheme affected defendant's substantial rights where sentence was longer than could have been based on jury findings.
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| United States v. Felton, No. 04-4839, No. 05-4216,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 7, 2006, Decided
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Overview: Where two defendants were convicted on drug conspiracy charges under 21 U.S.C.S. § 841 and possession of a firearm, their convictions were upheld, but it was error to apply a murder cross-reference under U.S. Sentencing Guidelines Manual § 2D1.1(d)(1) to one defendant's sentence because, murder was not charged in the indictment.
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| United States v. France, No. 05-4690,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 7, 2006, Decided
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Overview: Defendant's claim that his due process rights, as informed by ex post facto principles, were violated by imposition of a sentence under Booker, rather than under mandatory USSG applicable at time of his offense, was without merit because the limitation on judicial factfinding for purposes of USSG did not coexist with mandatory regime pre-Booker.
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| United States v. Jackson, No. 04-5061,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 7, 2006, Decided
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Overview: Use of peremptory strike on African-American juror did not violate Batson as Government based decision on fact juror did not answer questions during voir dire, told clerk she was single but gave spouse's occupation, was older, and did not appear to be following what was going on. Witnesses testimony was sufficient to support conspiracy conviction.
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| United States v. McDougald, No. 04-5026,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 7, 2006, Decided
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Overview: Where defendant did not dispute fact of prior convictions or identify any extraneous facts that were relevant, no constitutional error occurred when he was sentenced as an armed career criminal under 18 U.S.C.S. § 924(e)(1). Allegation that court erred by considering USSG as mandatory failed because sentence was not enhanced as a result of USSG.
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