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| Daniels Co. v. Mitchell, No. 06-1137,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 15, 2007, Decided
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Overview: Challenged decisions of the Benefits Review Board were vacated. The ALJ had insufficient evidence to sustain designation of the corporation under 20 C.F.R. § 725.492(a) as the responsible operator liable for payment of black lung benefits and ALJ and Board erred in application of regulations as to proper designation of responsible operator.
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| Media Gen. Operations, Inc. v. NLRB, No. 06-1023; No. 06-1061; No. 06-1213,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 15, 2007, Decided
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Overview: Court granted enforcement of the NLRB's order that an employer violated the National Labor Relations Act, 29 U.S.C.S. § 158(a)(1) and (5), since a union's complaint of disparate enforcement of a company e-mail policy was timely, and restriction of the union's e-mail access, while permitting unfettered employee access, was an unfair labor practice.
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| Pazir v. Gonzales, No. 06-1780,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 15, 2007, Decided
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| Scurlock-Ferguson v. City of Durham, No. 04-1483,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 15, 2007, Decided
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| United States v. Halteh, No. 05-5245,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 15, 2007, Decided
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Overview: In convictions of conspiracy to obstruct interstate commerce by robbery and of using a firearm in furtherance of the conspiracy, defendant's Sixth Amendment confrontation rights were not violated by the admission of a 911 call because both the caller and the 911 operator testified, and defendant had an opportunity to cross-examine both witnesses.
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| United States v. Hernandez-Salas, No. 04-4460,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 15, 2007, Decided
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| United States v. Mollohan, No. 06-4517,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 15, 2007, Decided
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Overview: Sentence of 120 months imposed for a guilty plea to knowingly and intentionally possessing a quantity of pseudoephedrine, knowing and having reason to believe it would be used to manufacture methamphetamine, was upheld because it was within the advisory U.S. Sentencing Guidelines Manual range, and there was no evidence that it was not reasonable.
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| United States v. Reed, No. 06-4858,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 15, 2007, Decided
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Overview: Supervised release for defendant, who pleaded guilty to knowingly converting and aiding and abetting the conversion of government money, was properly revoked since she admitted to authorities that she performed acts in furtherance of a conspiracy to defraud a certain housing program, and her boyfriend's contrary testimony was properly discredited.
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| United States v. Seldon, No. 04-4473,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 15, 2007, Decided
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Overview: Police sergeant's lawful knowledge concerning defendant and hidden compartments in defendant's van, which knowledge was obtained from a private source, combined with the observation of indicia that defendant was transporting illicit drugs, provided probable cause for a search of defendant's van without violating defendant's Fourth Amendment rights.
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