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| James v. Burtt, No. 05-6920,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 24, 2006, Decided
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| Slavek v. Hinkle, No. 05-6433,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 24, 2006, Decided
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| United States v. Eura, No. 05-4437, No. 05-4533,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 24, 2006, Decided
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Overview: Defendant's sentence for possessing with intent to distribute crack cocaine under 21 U.S.C.S. § 841 was vacated because, under 18 U.S.C.S. § 3553, the district court improperly varied from the advisory sentencing range by substituting its own crack cocaine/powder cocaine ratio for the 100: 1 ratio; his motion to suppress was properly denied.
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| United States v. Joyner, No. 05-4592,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 24, 2006, Decided
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Overview: Although defendant did not object in district court to 221-month sentence imposed on possession charge, appellate court agreed with parties that sentence exceeded five-year statutory maximum provided in 21 U.S.C.S. § 841(b)(1)(D) for offenses involving less than 50 kilograms of marijuana. Sentence constituted plain error and warranted correction.
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| United States v. Potts, No. 04-4966,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 24, 2006, Decided
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Overview: Defendant's waiver of his appeal rights, through his plea agreement, barred his appeal, in which he challenged his sentence based on new United States Supreme Court precedent; the waiver was knowing and voluntary, and no exception to the waiver applied.
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| United States v. Pressley, No. 05-4590,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 24, 2006, Decided
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Overview: A district court did not commit Sixth Amendment error when it enhanced defendant's sentence for conspiracy with drug weights not admitted or found by a jury beyond a reasonable doubt because the sentence was below the maximum authorized by the drug amounts to which he admitted.
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| United States v. Pritchett, No. 04-4960,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 24, 2006, Decided
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Overview: Because defendant's sentence to 188 months' imprisonment was based solely on the facts he admitted through his guilty plea, his Sixth Amendment rights were not violated.
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| United States v. Rorie, No. 05-7461,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 24, 2006, Decided
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