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| Gyawali v. Gonzales, No. 06-1985,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 12, 2007, Decided
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Overview: Alien's petition for review of denial of asylum and withholding of removal was denied as the evidence did not compel different result with respect to the alien's applications because BIA made specific findings as to why the alien's evidence did not establish past persecution or a well-founded fear of persecution, under 8 U.S.C.S. § 1101(a)(42)(A).
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| Meyer v. Qualex, Inc., No. 06-1544,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 12, 2007, Decided
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| Sciolino v. City of Newport News, No. 05-2229,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 12, 2007, Decided
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Overview: As probationary police officer did not allege facts asserting likelihood that prospective employers or members of public would see damaging information in his personnel file, district court did not abuse discretion in dismissing § 1983 suit, but when it denied officer's motion to amend to meet this standard, district court did abuse discretion.
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| United States v. Burgess, No. 04-4997,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 12, 2007, Decided
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Overview: Because "felony drug offense" for purposes of 21 U.S.C.S. § 841(b)(1)(A) was defined by 21 U.S.C.S. § 802(44) without reference to 21 U.S.C.S. § 802(13), defendant's prior conviction for cocaine possession constituted a "felony drug offense," and the district court correctly applied the 20-year mandatory minimum to his sentence.
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| United States v. Rizzi, No. 06-4884,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 12, 2007, Decided
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Overview: A district court correctly denied defendant's motion to suppress as defendant's argument that police needed a good reason to execute a search warrant at 4:30 a.m. was meritless, and the mere fact that twenty-four officers took part in the execution of the warrant did not render its execution unreasonable under the Fourth Amendment.
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