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   Federal Courts - 4th Circuit Court of Appeals - February 14, 2007

  
Cordell v. Barnhart, No. 06-1803, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 14, 2007, Decided
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Moog, Inc. v. Lunin, No. 06-1661, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 14, 2007, Decided
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United States v. Edwards, No. 06-4802, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 14, 2007, Decided
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Overview: Defendant's conviction and sentence were affirmed as a district court fully complied with the mandate of Fed. R. Crim. P. 11 in accepting defendant's guilty plea. The appellate court declined to review defendant's ineffective assistance of counsel claim on direct appeal as his counsel's alleged ineffectiveness was not apparent from the record.

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United States v. Gonzalez-Camacho, No. 06-4329, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 14, 2007, Decided
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Overview: Defendant's sentence was affirmed. District court sentenced defendant to 15 months; because the sentence did not exceed the maximum authorized by the facts charged in the indictment and admitted by defendant, defendant's Sixth Amendment rights were not violated.

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United States v. Love, No. 06-4485, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 14, 2007, Decided
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Overview: Defendant, who pleaded guilty to a drug offense, was properly sentenced to a 97 month term. A district court did not err in failing to sua sponte depart under U.S. Sentencing Guidelines Manual § 5K1.1 based on defendant's assistance to the government, and there was no showing of an unconstitutional motive in the government's withholding a motion.

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Vaughan v. Recall Total Info. Mgmt., No. 05-1491, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 14, 2007, Decided
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Overview: Dismissal of buyers' equitable recoupment counterclaim was reversed and counterclaim was remanded to district court as claim could have been considered a compulsory counterclaim, under Fed. R. Civ. P. 13(a), as accurate calculation of earnout under stock purchase agreement was at heart of sellers' breach of contract action as well as counterclaim.

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