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| United States v. Gelin, No: 04-4486; No: 04-4516,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 3, 2006, Decided
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Overview: Codefendant was entitled to resentencing because his sentence under the mandatory guidelines violated the Sixth Amendment in that it was significantly higher than a sentence based on the conduct to which he admitted, conspiring to distribute and possess 50 grams or more of crack cocaine and 5 kilograms of cocaine.
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| United States v. Gooch, No. 05-7565,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 3, 2006, Decided
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| United States v. Hernandez, No. 05-7544,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 3, 2006, Decided
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| United States v. McLaughlin, No. 05-7552,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 3, 2006, Decided
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| United States v. Meadows, No: 04-4396; No: 04-4498; No: 04-4514,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 3, 2006, Decided
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Overview: Defendants' convictions and sentences were affirmed; because there were no judicial factfinding as to drug type or quantity (the sentences were based on facts admitted by defendants), there was no potential Booker error.
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| United States v. Murphy, No. 04-4215,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 3, 2006, Decided
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Overview: Defendant's prior predicate conviction for distribution of crack cocaine, although occurring during the course of an 18-year long conspiracy, was properly used to enhance his mandatory statutory minimum sentence under 21 U.S.C.S. § 841(b)(1)(A) for conspiracy to distribute 50 grams or more of cocaine base.
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| United States v. Simpson, No. 05-7600,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 3, 2006, Decided
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| United States v. Smith, No. 04-4813,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 3, 2006, Decided
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Overview: Defendant's sentence was vacated and remanded for reconsideration of sentence in accordance with Booker where sentence was determined by application of the USSG as a mandatory determinant in sentencing, and it was impossible to determine whether district court would have chosen to sentence defendant to 21 months in the exercise of its discretion.
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| United States v. Washington, No. 05-4227,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 3, 2006, Decided
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Overview: After defendant pled guilty to possession with intent to distribute at least five grams of cocaine base in violation of 21 U.S.C.S. § 841(a)(1) and admitted the predicate offense, a district court did not violate Booker in imposing the mandatory minimum term of imprisonment, as required by § 841(b)(1)(B)'s enhanced penalty provision.
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