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| Montrevil v. Gonzales, No. 05-1855,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 16, 2006, Decided
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Overview: By time of the BIA's decision finding the alien ineligible for § 212(c) relief, 8 U.S.C.S. § 1182(c) (repealed), he had served over five years. Although alien was 10 days short of having served 5 years on his aggravated felony when IJ denied § 212(c) relief, alien continued to accrue time toward 5 year bar after issuance of final removal order.
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| United States v. Dowtin, No. 05-4841,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 16, 2006, Decided
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Overview: Defendant's offense level under U.S.S.G. § 2K2.1 did not encompass his conduct in firing a gun within the residence of his ex-girlfriend, thus a two level upward departure under U.S.S.G. § 5K2.6 was proper to address the fact that the defendant's behavior was more aggravated than a minor assault.
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| United States v. Gordon, No. 03-4083,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 16, 2006, Decided
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Overview: Where defendant admitted during the plea colloquy that he coordinated the transportation of 1000 or more kilograms of marijuana, but did not admit that he possessed a firearm or was an organizer of this criminal activity, his sentence was plainly erroneous under the Sixth Amendment because it exceeded the maximum authorized by the facts admitted.
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| United States v. Gregory, No. 05-6082,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 16, 2006, Decided
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| United States v. Johnson, No. 04-4054,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 16, 2006, Decided
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Overview: Defendant's conviction and sentence were affirmed. As record provided no nonspeculative basis for concluding that treatment of USSG as mandatory affected the district court's selection of sentence imposed, defendant did not show that he was prejudiced by the district court's determination of his sentence under the mandatory guideline regime.
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| United States v. Nixon, No. 05-4328,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 16, 2006, Decided
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| United States v. Rodriguez-Pineda, No. 05-4731,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 16, 2006, Decided
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Overview: Defendant's sentence was affirmed. District court sentenced defendant at top of USSG and within statutory penalty. District court remarked that defendant had not learned much, noting this was defendant's third period of incarceration. Thus, in imposing sentence, district court commented on considerations of respect for law and adequate deterrence.
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| United States v. Scott, No. 05-4855,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 16, 2006, Decided
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Overview: Defendant's convictions for conspiracy to possess with intent to distribute more than fifty grams of crack cocaine and more than five kilograms of cocaine, and possession of a firearm in furtherance of a drug trafficking crime, were affirmed. District court did not err in denying defendant's Fed. R. Crim. P. 29 motion for judgment of acquittal.
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