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| Orliana v. Gonzales, No. 05-1672,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 10, 2006, Decided
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| Silva v. Bowie State Univ., No. 05-1760,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 10, 2006, Decided
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Overview: District court erred in granting former employer's Fed. R. Civ. P. 12(b)(6) motion to dismiss former employee's Title VII retaliatory discharge claim where the ten-week lapse of time between when employee contacted Equal Employment Opportunity officer and when employer terminated employee sufficiently established a prima facie case of retaliation.
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| Taccino v. Nat'l Rural Letter Carriers Ass'n, No. 05-1941,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 10, 2006, Decided
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| United States v. Bell, No. 05-4130,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 10, 2006, Decided
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Overview: While defendant argued that evidence of mere ownership was insufficient to demonstrate that he had actual or constructive possession of guns stored in a garage owned by someone else, the district court's imposition of the enhancement under U.S. Sentencing Guidelines Manual § 2K2.1(b)(1)(A) was not clearly erroneous.
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| United States v. Haskins, No. 05-4536,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 10, 2006, Decided
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Overview: Defendant's sentence of 240 months of imprisonment was reasonable and was affirmed where district court imposed a sentence within applicable USSG range, but appropriately treated the USSG as advisory, considered the appropriate factors, and the sentence was well within the statutory maximum of life imprisonment, under 21 U.S.C.S. § 841(b)(1)(A).
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| United States v. Johnson, No. 03-4105,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 10, 2006, Decided
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Overview: Defendant was granted resentencing under Booker because the record, which showed the district court's dissatisfaction with the constraints of the guidelines and the length of sentence, provided a nonspeculative basis for concluding that the former mandatory nature of the guidelines prevented it from imposing a sentence below the guideline range.
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| United States v. Roberts, No. 04-5120,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 10, 2006, Decided
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Overview: Though a trial court erred in treating U.S. Sentencing Guidelines as mandatory, as the record revealed no non-speculative basis to conclude that the court might have imposed a more lenient sentence under advisory Guidelines, having sentenced defendant at the middle of the applicable Guidelines range, defendant's challenge to his sentence failed.
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