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   Federal Courts - 4th Circuit Court of Appeals - March 28, 2006

  
United States v. Cabiness, No. 05-7462, No. 05-7493, No. 05-7508, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 28, 2006, Decided
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United States v. Clapp, No. 05-7559, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 28, 2006, Decided
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United States v. Cockerham, No. 05-6714, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 28, 2006, Decided
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United States v. Ferguson, No. 05-4243, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 28, 2006, Decided
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Overview: Government established that defendant was instrumental in maintaining a location to store and distribute drugs, that he knew of the firearms possessed by members of the conspiracy, presented sufficient evidence to prove that defendant directed the distribution of large quantities of cocaine and heroin; his conviction and sentence were affirmed.

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United States v. Freeman, No. 05-5131, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 28, 2006, Decided
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Overview: Defendant presented no meritorious issues for appeal from his robbery and interference with commerce convictions because the plea hearing transcript revealed that the district court conducted a thorough Fed. R. Crim. P. 11 colloquy that assured the plea was made both knowingly and voluntarily.

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United States v. Garcia, No. 04-4692, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 28, 2006, Decided
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United States v. Green, No. 05-4237, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 28, 2006, Decided
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Overview: Defendant's seventy month prison sentence for filing false income tax returns and aiding and abetting the same conduct was reasonable. Record indicated district court calculated and considered both the guideline range and the 18 U.S.C.S. § 3553(a) factors, and defendant was sentenced at the bottom of the range provided by the advisory guidelines.

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United States v. Hailey, No. 05-4827, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 28, 2006, Decided
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United States v. Linney, No. 05-4636, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 28, 2006, Decided
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Overview: Court did not err in imposing four level enhancement under U.S. Sentencing Guidelines Manual § 3B1.1(a) for defendant's leadership role in extensive criminal scheme. Defendant instructed at least four employees to refrain from paying taxes owed, and he did not dispute fact that five distinct corporate entities participated in tax evasion scheme.

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United States v. Manley, No. 04-4778, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 28, 2006, Decided
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Overview: Predicate convictions did not have to be charged in indictment or submitted to a jury because no facts extraneous to the facts necessary to support armed career criminal enhancement under 18 U.S.C.S. § 924(e) had to be decided. Defendant's prior record established that he had three convictions for violent felonies committed on different occasions.

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