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| BidZirk, LLC v. Smith, No. 06-1487,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 6, 2007, Decided
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| Hale v. Am. Elec. Power LTD Plan, No. 06-1021,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 6, 2007, Decided
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Overview: Employer was properly granted summary judgment in employee's action brought under § 502(a) of ERISA, 29 U.S.C.S. § 1132(a), because evidence regarding his education, training, and experience, along with professional opinions of employer's experts, provided reasonable basis for concluding that he was capable of performing clerical jobs.
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| Tennant v. Horry Tel. Coop., Inc., No. 06-1832,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 6, 2007, Decided
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| Turley v. Costco Wholesale Corp., No. 06-1273,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 6, 2007, Decided
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Overview: Where there was no evidence that a store knew or should have known of an alleged dangerously wet condition in the vestibule of its warehouse, summary judgment in a customer's slip-and-fall negligence action was proper because the customer did not meet his burden of proving an essential element of his claim.
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| United States v. Cotton, No. 06-4530,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 6, 2007, Decided
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Overview: Officers had reasonable suspicion sufficient to conduct a Terry stop of defendant and a dog sniff of defendant's car, and because the positive alert was properly obtained, it was properly included in the affidavit and provided ample support for the finding of probable cause; thus, a warrant was properly issued.
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| United States v. Lewis, No. 06-4907,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 6, 2007, Decided
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Overview: Sentence imposed following defendant's guilty plea to a child pornography offense was affirmed; prison term fell within prescribed range prescribed by 18 U.S.C.S. § 2252A(b)(1) and within properly calculated guideline range, and his supervised release term of life was authorized by 18 U.S.C.S. § 3583(k) and permissible under USSG § 5D1.2(b), (c).
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| United States v. Miller, No. 06-4616,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 6, 2007, Decided
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Overview: District court did not err in calculating amount of loss for purposes of USSG § 2B1.1(b); it made a reasonable determination regarding amount of loss resulting from conspiracy's scheme to fraudulently obtain artificially high mortgages for three pieces of real estate and defendant did not show that findings, which were in PSR, were unreliable.
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| United States v. Muhammad, No. 06-4516,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 6, 2007, Decided
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Overview: The appellate court vacated defendant's sentence and remanded for resentencing. Because the possibility remained that defendant could have received a lesser sentence had he been permitted to allocute at resentencing, he sufficiently showed that he was prejudiced by the denial of allocution.
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