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| Fanczi Screw Co. v. Orix Fin. Servs., No. 06-1488,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 15, 2007, Decided
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Overview: In breach of contract action, plaintiff offered no basis before courts for determining value of lease agreement other than lost profits as plaintiff conceded that market value of whirling machine was no different at time of defendant's breach than at time of contracting. Plaintiff's lost profits did not constitute actual damages under New York law.
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| Graham v. McCoy, No. 06-6823,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 15, 2007, Decided
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| Hills v. Farr, No. 06-7634,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 15, 2007, Decided
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| United States v. Boyd, No. 05-4809,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 15, 2007, Decided
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Overview: Evidence was sufficient for convictions of possession with intent to distribution cocaine base and marijuana and possession of a firearm in furtherance of a drug trafficking crime due to constructive possession based on defendant's knowledge of the presence of these items in his car and his power to exercise dominion and control over them.
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| United States v. Gibson, No. 06-4742,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 15, 2007, Decided
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Overview: Forty-six month sentence imposed on defendant, who pleaded guilty to possession of child pornography, was upheld because defendant failed to rebut the presumption that this sentence, which was within the U.S. Sentencing Guidelines Manual range, was reasonable or show that the court's standard of review unlawfully rendered the Guidelines mandatory.
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| United States v. Lyttle, No. 06-7860,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 15, 2007, Decided
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| United States v. Moore, No. 04-4083,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 15, 2007, Decided
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Overview: Defendant's sentence was vacated and remanded as district court's adoption of drug quantity used to establish defendant's base offense level and weapon enhancement violated the Sixth Amendment under Booker because each required factual finding that went beyond that admitted by defendant, and defendant's sentence exceeded maximum sentence permitted.
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| United States v. Williams, No. 06-4778,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 15, 2007, Decided
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Overview: Where defendant had prior convictions that were used as the basis for an armed career criminal sentence upon his conviction for being a felon in possession of a firearm in violation of 8 U.S.C.S. § 922(g)(1), the facts underlying the prior convictions did not need to be charged or proved beyond a reasonable doubt or admitted by defendant.
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