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| Craddock v. Apogee Coal Co., No. 05-1352,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 9, 2006, Decided
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Overview: Even if res judicata did not prevent reconsidering state court's interpretation of contract, appellate court would have reached same conclusion. Contract language stated company agreed to pay corporation's post-employment liabilities; there was no indication that liability for retirement health benefits--a post-employment liability--was excluded.
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| In re Zehrbach, No. 05-7827,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 9, 2006, Decided
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| Official Unsecured Creditors' Comm. v. Pension Benefit Guar. Corp., No. 05-1806,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 9, 2006, Decided
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| Stokes v. United States, No. 05-7113,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 9, 2006, Decided
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| United States v. Bynum, No. 05-4528,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 9, 2006, Decided
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Overview: A district court's plain error in reciting the statutory mandatory minimum did not affect defendant's substantial rights because the PSR was revised to comport with the district court's Fed. R. Crim. P. 11 advisement and the sentence was both at the low end of the guideline range and below the proposed 21 U.S.C.S. § 851 enhanced statutory minimum.
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| United States v. Fields, No. 03-4645,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 9, 2006, Decided
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Overview: Defendant was granted resentencing in accordance with Booker because an error in sentencing him to 63 months under mandatory guidelines when the facts supported by a jury verdict, that he was a convicted felon and possessed a firearm and ammunition, corresponded with a range of 41 to 51 months was plain error affecting his substantial rights.
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| United States v. Pendergrass, No. 05-4057,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 9, 2006, Decided
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| Wright v. Lamanna, No. 05-7346,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 9, 2006, Decided
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