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| Teachers' Ret. Sys. v. Hunter, No. 05-1988,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 20, 2007, Decided
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Overview: In an action brought under 15 U.S.C.S. § 78j(b), stock purchasers failed to satisfy the PSLRA's pleading requirements because the alleged facts did not permit a reasonable belief that a corporation improperly booked sales of silicon carbide crystals or revenue for research and development or that "round-trip" transactions lacked economic substance.
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| United States v. Cox, No. 06-4237,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 20, 2007, Decided
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Overview: Substantial evidence supported defendant's conviction for possession of a firearm by a conviction felon, pursuant to 18 U.S.C.S. § 922(g)(1), where the government established defendant's constructive possession over the firearm, defendant admitted his possession of the firearm to the police, and defendant's confession was trustworthy.
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| United States v. Davis, No. 04-4902,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 20, 2007, Decided
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| United States v. Fielder, No. 05-5083,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 20, 2007, Decided
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Overview: Defendant's claim on appeal that trial counsel was ineffective in allowing defendant to enter into a plea agreement in which defendant admitted a prior conviction that was not listed in a presentence report failed because the record did not conclusively establish that counsel's performance in investigating the prior conviction was deficient.
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| United States v. Iniguez-Villavicencio, No. 05-5060,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 20, 2007, Decided
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Overview: Defendant's admission that he was involved in an organization engaged in illegal activities and that he purchased vehicles with funds that he believed were proceeds from drug transactions provided a sufficient factual basis, as required by Fed. R. Crim. P. 11(b)(3), to support a guilty plea to conspiracy to possess with intent to distribute drugs.
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| United States v. Lopez-Juarez, No. 06-4175; No. 06-4176,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 20, 2007, Decided
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Overview: Where two defendants pleaded guilty to a drug conspiracy, and where one defendant also pleaded guilty to a firearms charge, the record established that the district court complied with Fed. R. Crim. P. 11 in accepting the guilty pleas because the Rule 11 colloquy was thorough and assured that defendants' pleas were knowingly and voluntarily made.
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| United States v. Mack, No. 06-4866,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 20, 2007, Decided
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Overview: Conviction and sentence based on a plea agreement to drug and firearms possession charges was affirmed because defendant did not show that the government's failure to move for a downward departure under U.S. Sentencing Guidelines Manual § 5K1.1 (2005) was based on an unconstitutional motive or not rationally related to a legitimate government end.
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| United States v. McNeff, No. 06-4953,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 20, 2007, Decided
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Overview: District court properly sentenced defendant as armed career criminal upon his conviction for violation of 18 U.S.C.S. § 922(g), where district court did not err in applying armed career criminal statute; thus, pursuant to Anders, court found no meritorious issues for appeal upon review of counsel's Anders brief and defendant's supplemental brief.
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| United States v. Moore, No. 06-4238,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 20, 2007, Decided
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Overview: A court affirmed defendant's conviction for drug possession and distribution charges. District court properly accepted defendant's guilty plea and did not commit plain error, as the Fed. R. Crim. P. Rule 11 colloquy assured that defendant's plea was knowing and voluntary and that his substantial rights were not affected by district court's errors.
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