Court of Appeals for the Fourth Circuit Court Cases

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  1. Rose v. Lee (2001)

    Appeals from the United States District Court for the Western District of North Carolina, at Asheville. Richard L. Voorhees, District Judge. (CA-00-20-1-V)[Copyrighted Material Omitted][Copyrighted Material Omitted]


    Court: Court of Appeals for the Fourth Circuit Docket: 00-11
  2. United States v. Frank Kahled Burgos v. Alexio Burnard Gobern (1996)

    ARGUED: Thomas Norman Cochran, Assistant Federal Public Defender, Greensboro, North Carolina, for Appellant Burgos; Joseph R. Giaramita, Jr., Brooklyn, New York, for Appellant Gobern. Michael Francis Joseph, Assistant United States Attorney, Greensboro, North Carolina, for Appellee. ON BRIEF: Todd M. Peebles, Peebles & Schramm, Winston-Salem, North Carolina, for Appellant Gobern. Walter C. Holton, United States Attorney, Greensboro, North Carolina, for Appellee.

    Court: Court of Appeals for the Fourth Circuit Docket: 93-5899
  3. Garcia Jay Wright v. George Collins (1985)

    Appellant Garcia Jay Wright is an inmate at Maryland Penitentiary. He brought this action under 42 U.S.C. Sec. 1983 against the warden, a correctional officer, and the chief medical officer of Maryland Penitentiary. Wright alleges that a variety of actions by these prison officials violated his constitutional rights. The district court referred the case to a magistrate who recommended that a motion by appellees for summary judgment be granted. The district court granted Wright an [...]

    Court: Court of Appeals for the Fourth Circuit Docket: 84-6001
  4. United States v. David C. Hughes (2005)

    COPYRIGHT MATERIAL OMITTED COPYRIGHT MATERIAL OMITTED ARGUED: William Collins Brennan, Jr., Brennan, Trainor, Billman & Bennett, L.L.P., Upper Marlboro, Maryland, for Appellant. Stuart A. Berman, Assistant United States Attorney, Office of the United States Attorney, Greenbelt, Maryland, for Appellee. ON BRIEF: Thomas M. DiBiagio, United States Attorney, Baltimore, Maryland, for Appellee. James Wyda, Federal Public Defender, Martin G. Bahl, Staff Attorney, for Amicus Supporting [...]

    Court: Court of Appeals for the Fourth Circuit Docket: 03-4172
  5. United States v. Carter (2009)

    ARGUED: Jennifer P. May-Parker, Office of the United States Attorney, Raleigh, North Carolina, for Appellant. Terry F. Rose, Smithfield, North Carolina, for Appellee. ON BRIEF: George E.B. Holding, United States Attorney, Anne M. Hayes, Assistant United States Attorney, Office of the United States Attorney, Raleigh, North Carolina, for Appellant.


    Court: Court of Appeals for the Fourth Circuit Docket: 08-4643
  6. United States v. David Allen Hagen Defusco (1991)

    David Allen DeFusco ("DeFusco") appeals from his conviction, obtained by virtue of his guilty plea, for laundering of monetary instruments in violation of 18 U.S.C. § 1956(a)(1)(A)(i) and conspiring to conceal assets from a bankruptcy trustee in violation of 18 U.S.C. § 371. DeFusco contends that the district court erred in accepting his guilty plea. We find DeFusco's contention to be totally devoid of merit, and thus we affirm.


    Court: Court of Appeals for the Fourth Circuit Docket: 90-5319
  7. In Re Diana R. Beard, (Two Cases) (1987)

    Petitioners, Diana R. Beard and others (Mrs. Beard), are all women who have filed claims in the Chapter 11 bankruptcy of A.H. Robins Company, Inc. (Robins). All of their claims relate to injuries they suffered from using the Dalkon Shield, an interuterine contraceptive device manufactured by Robins. Mrs. Beard has filed two petitions with this court seeking writs of mandamus. In the first petition, Mrs. Beard asks this court to issue a writ of mandamus to United States District Judge [...]

    Court: Court of Appeals for the Fourth Circuit Docket: 86-3844
  8. Albert L. Wilson v. Edward Murray (1986)

    Albert L. Wilson appeals from dismissal of his petition for habeas corpus under 28 U.S.C. Sec. 2254. In his petition, Wilson challenged the admission in his state criminal trial of a statement elicited by the police from him after he had requested a lawyer at an arraignment proceeding. Wilson argues that the police initiated further discussions after his request for an attorney, in violation of his Fifth Amendment and Sixth Amendment rights to counsel, and that the statement should have [...]

    Court: Court of Appeals for the Fourth Circuit Docket: 85-6462
  9. United States v. Kenneth Wayne Daughtrey (1989)

    Kenneth Wayne Daughtrey appeals the sentence imposed after he entered a plea of guilty to passing counterfeit bills in violation of 18 U.S.C.A. Sec. 472 (West 1976). Since the offenses were committed after November 1, 1987, the sentence was governed by the Sentencing Reform Act of 1984, 18 U.S.C.A. Secs. 3551, et seq. (West 1985 & Supp.1989). Among other things, this Act authorized the creation of the United States Sentencing Commission, charged with promulgating sentencing [...]

    Court: Court of Appeals for the Fourth Circuit Docket: 88-5151
  10. United States v. Juan Martinez (2002)

    Appeal from the United States District Court for the Middle District of North Carolina, at Durham. William L. Osteen, District Judge. (CR-99-145)[Copyrighted Material Omitted][Copyrighted Material Omitted]


    Court: Court of Appeals for the Fourth Circuit Docket: 00-4245
  11. United States v. Lynn (2010)

    (Nos.08-5125, 08-5126) ARGUED: Gregory Bruce English, English & Smith, Alexandria, Virginia, for Appellants. Richard Daniel Cooke, Office of the United States Attorney, Richmond, Virginia, for Appellee. ON BRIEF: Mark K. Tyndall, Richmond, Virginia, for Appellant Tavarras Rhodes. Dana J. Boente, Acting United States Attorney, Alexandria, Virginia, for Appellee. (No. 08-5132) ARGUED: David Wilson Plowden, Office of the Federal Public Defender, Greenville, South Carolina, for Appellant. [...]

    Court: Court of Appeals for the Fourth Circuit Docket: 08-5125
  12. Juanita Pope Reid v. Ronald J. Angelone, Director (2004)

    Juanita Pope Reid seeks review of a district court order denying her motion for reconsideration of an order denying her application for habeas corpus relief. We hold that Reid must obtain a certificate of appealability as a prerequisite to our consideration of her claims. See 28 U.S.C.A. § 2253(c) (West Supp.2003). In addition, we grant a certificate of appealability as to the only claim that Reid seeks to appeal, vacate the decision of the district court, and remand with [...]

    Court: Court of Appeals for the Fourth Circuit Docket: 03-6146
  13. United States v. David Lee Rusher v. Sarah Jean Shoemaker Rusher (1992)

    Anthony Harrison, Sr., Harrison, North, Cooke & Landreth, Greensboro, N.C., J. Matthew Martin, Martin & Martin, P.A., Hillsborough, N.C., argued, for defendants-appellants.


    Court: Court of Appeals for the Fourth Circuit Docket: 91-5375
  14. United States v. Henry Tresvant, III (1982)

    D. McCarty Thornton, Sp. Atty., Dept. of Justice, Washington, D. C. (Justin W. Williams, U. S. Atty., Joseph J. Aronica, Asst. U. S. Atty., Alexandria, Va., on brief), for appellee.


    Court: Court of Appeals for the Fourth Circuit Docket: 79-5339
  15. Domino Sugar Corporation v. Sugar Workers Local Union 392 of the United Food (1993)

    Domino Sugar Corporation (the Company) appeals the district court's Fed.R.Civ.P. 12(b)(6) dismissal, without prejudice, of its complaint alleging that Sugar Workers Local Union (the Union) breached the no-strike provision in their Collective Bargaining Agreement (CBA). The district court granted the Union's Rule 12(b)(6) motion on the basis that the CBA required the Company to submit its dispute to arbitration before seeking judicial review. Finding no error, we affirm.

    Court: Court of Appeals for the Fourth Circuit Docket: 93-1449
  16. Kenneth R. Edwards v. City of Goldsboro Chester Hill (1999)

    ARGUED: Joseph Michael McGuinness, Elizabethtown, North Carolina, for Appellant. Patricia Lee Holland, Cranfill, Sumner & Hartzog, L.L.P., Raleigh, North Carolina, for Appellees. ON BRIEF: Gregory K. Kornegay, Wilmington, North Carolina, for Appellant. Patrick H. Flanagan, Cranfill, Sumner & Hartzog, L.L.P., Raleigh, North Carolina; W. Harrell Everett, Jr., Everett, Womble & Finan, L.L.P., Goldsboro, North Carolina, for Appellees. M. Travis Payne, Edelstein & Payne, [...]

    Court: Court of Appeals for the Fourth Circuit Docket: 97-2609
  17. United States v. Paul Winestock, Jr. (2003)

    Paul Winestock, Jr. appeals a district court order denying his motion for reconsideration of the denial of post conviction relief. Having previously granted a certificate of appealability, see 28 U.S.C.A. § 2253(c) (West Supp.2002), we now hold that Winestock's motion amounted to a successive application for post conviction relief and that the district court therefore lacked jurisdiction to consider it. See 28 U.S.C.A. § 2255 ¶ 8 (West Supp.2002). Accordingly, we vacate the [...]

    Court: Court of Appeals for the Fourth Circuit Docket: 02-6304
  18. United States v. Raymond Francis Bayerle (1990)

    Dr. Raymond Francis Bayerle pleaded guilty to a variety of federal charges, including conspiracy to distribute dilaudid (hydromorphone) and dolaphine (methadone) in violation of 21 U.S.C. Sec. 846. On appeal he challenges the sentence imposed for the drug offenses on several grounds. We conclude that the district court's refusal to depart downward is not appealable, and we see no merit in Bayerle's other assignments of error. Accordingly, we dismiss part of the appeal and otherwise [...]

    Court: Court of Appeals for the Fourth Circuit Docket: 89-5166
  19. United States v. Charles Aaron Green (2006)

    COPYRIGHT MATERIAL OMITTED COPYRIGHT MATERIAL OMITTED ARGUED: Christopher John Romano, Assistant United States Attorney, Office of the United States Attorney, Baltimore, Maryland, for Appellant. Martin Gregory Bahl, Office Of The Federal Public Defender, Baltimore, Maryland, for Appellee. ON BRIEF: Allen F. Loucks, United States Attorney, Baltimore, Maryland, for Appellant. James Wyda, Federal Public Defender, Greenbelt, Maryland, for Appellee.


    Court: Court of Appeals for the Fourth Circuit Docket: 05-4270
  20. United States v. George R. Blick (2005)

    ARGUED: Jeffrey S. Parker, Great Falls, Virginia, for Appellant. Dana James Boente, Assistant United States Attorney, Office of the United States Attorney, Alexandria, Virginia, for Appellee. ON BRIEF: Gilbert K. Davis, Davis & Associates, L.L.C., Fairfax, Virginia; James R. Tate, Tate & Bywater, Ltd., Vienna, Virginia, for Appellant. Paul J. McNulty, United States Attorney, Alexandria, Virginia, for Appellee.


    Court: Court of Appeals for the Fourth Circuit Docket: 04-4887

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