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   Federal Courts - 4th Circuit Court of Appeals - February 13, 2006

  
Bastos v. Gonzales, No. 05-1542, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 13, 2006, Decided
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Carpitcher v. Ray, No. 05-6466, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 13, 2006, Decided
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Claiborne v. United States, No. 05-7114, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 13, 2006, Decided
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Green v. LaManna, No. 05-7444, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 13, 2006, Decided
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Moody v. Virginia, No. 05-7426, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 13, 2006, Decided
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Siahaan v. Gonzales, No. 05-1633, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 13, 2006, Decided
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Overview: An alien's petition for review of the denial of his application for withholding of removal was denied where substantial evidence supported the BIA's decision that the alien failed to meet show that he faced a clear probability of persecution because of his race, religion, nationality, membership in a particular social group, or political opinion.

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Thompson v. Comm'r, Soc. Sec. Admin., No. 05-2332, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 13, 2006, Decided
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United States v. Freeman, No. 04-4064, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 13, 2006, Decided
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Overview: A rehearing was granted because Booker constituted an intervening change in the law bearing on the outcome of the appeal. Defendant's sentence was vacated and remanded for resentencing consistent with Booker where the district court plainly erred in imposing defendant's sentence under the then mandatory U.S. Sentencing Guidelines scheme.

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United States v. Gardener, No. 04-4716, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 13, 2006, Decided
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Overview: Defendant's sentence for illegal reentry after deportation in violation of 8 U.S.C.S. § 1326(a), (b)(2) was affirmed where the indictment sufficiently charged the illegal reentry prior conviction upon which defendant's sentence was based, and the district court did not err when it used defendant's prior convictions to calculate his sentence.

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United States v. Smith, No. 05-6754, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 13, 2006, Decided
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