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   Federal Courts - 4th Circuit Court of Appeals - March 1, 2006

  
United States v. Blythe, No. 05-4686, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 1, 2006, Decided
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United States v. Brown, No. 05-7208, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 1, 2006, Decided
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United States v. Burgess, No. 04-4675, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 1, 2006, Decided
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Overview: Defendant's designation as an armed career criminal was affirmed where there was no error under Blakely or Booker because the facts necessary to support the enhancement under USSG § 4B1.4(b)(3)(B) inhered in the fact of conviction, and defendant did not dispute that he had at least three prior convictions qualifying as "violent felonies."

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United States v. Causwell, No. 05-7345, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 1, 2006, Decided
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United States v. Cline, No. 05-4075, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 1, 2006, Decided
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Overview: District court properly permitted U.S. to introduce evidence under Fed. R. Evid. 404(b) of drug possession on date of defendant's arrest, which was after dates charged in indictment, where, inter alia, evidence was not submitted to infer bad character but rather to rebut defendant's contention that he was not involved in a crack cocaine conspiracy.

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United States v. Dantzler, No. 05-7016, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 1, 2006, Decided
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United States v. Deleston, No. 05-7025, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 1, 2006, Decided
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United States v. Embree, No. 05-6256, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 1, 2006, Decided
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Overview: Denial of 28 U.S.C.S. § 2255 relief was vacated and remanded on finding that petitioner's waiver of his right to collaterally attack his sentence pursuant to a plea agreement, coupled with his express reservation of the right to file a direct appeal, did not bar his Sixth Amendment claim that his attorney failed to consult him concerning an appeal.

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United States v. Flippen, No. 05-5072, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 1, 2006, Decided
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Overview: In light of defendant's admission that he violated supervision terms, there was no error in revoking supervised release, 18 U.S.C.S. § 3583(e)(3). Eight-month term of incarceration imposed by district court was within advisory guideline range and was reasonable; 42-month term of supervised release was not plainly unreasonable.

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United States v. Henderson, No. 05-6850, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 1, 2006, Decided
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