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| French v. Liebmann (In re French), No. 05-1054,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 14, 2006, Decided
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Overview: In a debtor's Chapter 7 proceeding, the debtor's transfer of foreign property to transferees was properly avoided as constructively fraudulent under 11 U.S.C.S. § 548(a)(1)(B) where 11 U.S.C.S. § 541 expressly included all property of the debtor, wherever located, and the trustee was allowed to avoid the fraudulent transfer of estate property.
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| Petersen v. Winkler, No. 05-6934,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 14, 2006, Decided
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| Robinson v. Polk, No. 05-1,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 14, 2006, Decided
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Overview: Inmate was properly denied 28 U.S.C.S. § 2254 relief on his claim that his death sentence was imposed in violation of the Eighth Amendment because despite the inmate's contentions, the trial court's instructions required the jury to find both that the inmate had killed the victim and that he intended his death to occur.
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| Theodore v. Gonzales, No. 05-1581,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 14, 2006, Decided
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| United States v. Aviles-Flores, No. 04-4258,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 14, 2006, Decided
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Overview: Because defendant possessed a firearm, defendant was not entitled to benefit of safety valve provision under U.S. Sentencing Guidelines Manual § 5C1.2(a)(2). Also, because his sentence of 135 months for aiding and abetting distribution of methamphetamine did not exceed the maximum authorized by facts he admitted, no Sixth Amendment error occurred.
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| United States v. Gaynor, No. 05-4859,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 14, 2006, Decided
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Overview: Defendant was not entitled to resentencing because he did not show that the district court committed plain error in basing his sentence on his exercise of his Fifth Amendment privilege against self-incrimination or refusal to cooperate with the authorities in their investigation of the drug charges.
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| United States v. Griffin, No. 05-7553,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 14, 2006, Decided
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| United States v. Mann, No. 05-6615,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 14, 2006, Decided
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| United States v. Pendergrass, No. 05-7000,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 14, 2006, Decided
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