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   Federal Courts - 4th Circuit Court of Appeals - March 8, 2007

  
Benjamin v. Veneman, No. 06-1280, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 8, 2007, Decided
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United States v. Abbott, No. 06-4462, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 8, 2007, Decided
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Overview: Sentence imposed on a defendant, who pleaded guilty to knowingly causing the delivery of a letter threatening to injure another person, was properly enhanced under U.S. Sentencing Guidelines Manual § 3A1.2(b) (2004) because the letter, which was directed to a secretary of state, was clearly motivated by the victim's status as a government official.

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United States v. Arey, No. 06-4634; No. 06-4635; No. 06-4636, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 8, 2007, Decided
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Overview: The evidence was sufficient to convict defendants of conspiring to possess methamphetamine with intent to distribute under 21 U.S.C.S. § 846 because defendants' supplier testified that he sold large quantities of the drug to defendants over several years, and other witnesses testified to numerous purchases of methamphetamine from defendants.

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United States v. Miller, No. 05-5118, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 8, 2007, Decided
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Overview: A district court judge who was a U.S. Attorney while the FBI investigated defendant and who practiced in the same law firm where a former Assistant U.S. Attorney who had worked on defendant's case practiced was not required to recuse himself under 28 U.S.C.S. § 455(a) because the judge was not aware of defendant's case before he became a judge.

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United States v. Rattler, No. 05-5169, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 8, 2007, Decided
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Overview: Defendant's sentence was vacated and remanded for a proper calculation of USSG range and a reconsideration of whether a sentence within that range was consistent with 18 U.S.C.S. § 3553(a) factors because district court's USSG calculation indicated that it erroneously believed it was bound by jury findings in determining proper advisory USSG range.

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United States v. Washington, No. 06-4948, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 8, 2007, Decided
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Overview: Where defendant argued on appeal that his offense level was enhanced in violation of the Sixth Amendment and that he should have received a reduction in his offense level, defendant's appeal was dismissed because defendant's waiver of his appellate rights was knowing and voluntary and the issues raised on appeal were within the scope of the waiver.

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