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   Federal Courts - 4th Circuit Court of Appeals - March 19, 2007

  
Meyet v. Gonzales, No. 05-2284, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 19, 2007, Decided
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Overview: Petition for review was denied as substantial evidence supported adverse credibility finding and ruling that alien failed to establish past persecution or a well-founded fear of future persecution as necessary to establish eligibility for asylum, under 8 C.F.R. § 1208.13(a). Court lacked jurisdiction over CAT claim, under 8 U.S.C.S. § 1252(d)(1).

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Schifferli v. South Carolina, No. 04-7196, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 19, 2007, Decided
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Overview: The denial of a 28 U.S.C.S. § 2254 petition filed by an inmate who claimed that counsel failed to inform him of the consequences of his guilty plea was proper because a state court found counsel's testimony credible and the state court's conclusion that counsel's performance was neither deficient nor prejudicial was not contrary to federal law.

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United States v. Fisher, No. 06-4536, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 19, 2007, Decided
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Overview: Defendant's sentence was reasonable as district court (1) properly calculated guideline range and appropriately treated guidelines as advisory, (2) sentenced defendant only after considering factors set forth in 18 U.S.C.S. § 3553(a) and his arguments based on those factors, and (3) stated that it was imposing a sentence in accordance with Booker.

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United States v. Mitchell, No. 05-4199; No. 05-4200; No. 05-4259, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 19, 2007, Decided
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Overview: A coconspirator's statements were made during the course of and in furtherance of a conspiracy because the statements assured other coconspirators that a sufficient demand existed for a drug supply and that a trafficking operation had evaded detection; thus, the statements were admissible against defendants under Fed. R. Evid. 801(d)(2)(E).

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