No PACER data dump for 4th Circuit
PACER users looking for 4th Circuit cases don’t need to worry about losing court records, according to Patricia S. Connor, Clerk of the 4th U.S. Circuit Court of Appeals. “We are not affected,” Connor...
View ArticleCivil Rights — Court Suspends NC Voting Law Provisions
Duke v. State of North Carolina (Lawyers Weekly No. 001-171-14, 69 pp.) (Wynn, J.) No. 14-1845, Oct. 1, 2014; USDC at Greensboro, N.C. (Schroeder, J.) 4th Cir. Holding: The 4th Circuit reverses denial...
View ArticleLabor & Employment —‘Warning’ On Union Activity Was Labor Violation
Gestamp South Carolina LLC v. NLRB (Lawyers Weekly No. 001-173-14, 23 pp.) (Traxler, J.) No. 11-2362, Oct. 8, 2014; On Remand from USSC; 4th Cir. Holding: In this petition for review of an NLRB...
View ArticleCriminal Practice — Suppression Motion at Trial Came Too Late
U.S. v. Moore (Lawyers Weekly No. 001-172-14, 14 pp.) (Wilkinson, J.) No.13-4446, Oct. 10, 2014; USDC at Greenbelt, Md. (Williams, J.) 4th Cir. Holding: A defendant who waited four days into his...
View ArticleImmigration — Sex Offender Registry Crime Not ‘Moral Turpitude’
Mohamed v. Holder (Lawyers Weekly No. 001-175-14, 12 pp.) (Niemeyer, J.) No. 13-2027, Oct. 17, 2014; On Petition for Review; 4th Cir. Holding: Failure to register as a sex offender is not a crime of...
View ArticleCriminal Practice —‘False Statement’ Sentence Reduced to Misdemeanor
U.S. v. Catone (Lawyers Weekly No. 001-174-14, 23 pp.) (Floyd, J.) No. 13-4663, Oct. 15, 2014; USDC at Statesville, N.C. (Voorhees, J.) 4th Cir. Holding: The 4th Circuit affirms a U.S. Postal Service...
View ArticleImmigration — Age At Entry Counts for ‘Minor’ Child
Regis v. Holder (Lawyers Weekly No. 001-176-14, 17 pp.) (Agee, J.) No. 13-1988, Oct. 16, 2014; On Petition for Review; 4th Cir. Holding: An applicant for adjustment of status after his mother married a...
View ArticleLabor & Employment — Court Upholds Denial of Governmental Immunity
Davis v. City of Greensboro, N.C. (Lawyers Weekly No. 001-179-14, 17 pp.) (Motz, J.) No. 13-1820, Oct. 22, 2014; USDC at Greensboro, N.C. (Eagles, J.) 4th Cir. Holding: In this suit filed by police...
View ArticleCriminal Practice — No Extra Sentence Reduction for Rehab
U.S. v. Spinks (Lawyers Weekly No. 001-178-14, 21 pp.) (Motz, J.) No. 13-4771, Oct. 28, 2014; USDC at Greensboro, N.C. (Schroeder, J.) 4th Cir. Holding: A defendant whose sentence for drug conspiracy...
View ArticleCriminal Practice — Conviction Upheld for Park Guard Attack
U.S. v. Briley (Lawyers Weekly No. 001-177-14, 26 pp.) (Wilkinson, J.) No. 13-4831, Oct. 22, 2014; USDC at Alexandria, Va. (O’Grady, J.) 4th Cir. Holding: A defendant who engaged in sustained physical...
View ArticleCriminal Practice — Mandatory Time Applied for Supervised Release
U.S. v. Ward (Lawyers Weekly No. 001-183-14, 22 pp.) (Keenan, J.) No. 13-4683, Nov. 3, 2014; USDC at Newport News, Va. (Morgan, J.) 4th Cir. Holding: A defendant cannot take advantage of an amendment...
View ArticleCriminal Practice — Gun-Sale Talk Leads to Extra Sentence
U.S. v. Pineda (Lawyers Weekly No. 001-182-14, 19 pp.) (Niemeyer, J.) No. 13-4555, Oct. 29, 2014; USDC at Wilmington, N.C. (Boyle, J.) 4th Cir. Holding: The 4th Circuit upholds multiple enhancements of...
View ArticleCriminal Practice — Bribe of Private Prison Guard Means Extra Time
U.S. v. Dodd (Lawyers Weekly No. 001-181-14, 14 pp.) (Duncan, J.) No. 13-4763, Oct. 29, 2014; USDC at Raleigh, N.C. (Flanagan, J.) 4th Cir. Holding: In sentencing defendant under 18 U.S.C. § 371 for...
View ArticleBankruptcy — Bank’s Interest Had Priority Over Tax Lien
Susquehanna Bank v. U.S. Internal Revenue Service (Lawyers Weekly No. 001-180-14, 36 pp.) (Niemeyer, J.) No. 13-2249, Oct. 31, 2014; USDC at Baltimore, Md. (Hollander, J.) Holding: In a case in which...
View ArticleImmigration — No Relief for ‘One-Child’ Policy Claimant
Lin v. Holder (Lawyers Weekly No. 001-194-14, 28 pp.) (Duncan, J.) No. 13-1016, Nov. 14, 2014; On Petition for Review; 4th Cir. Holding: The 4th Circuit says the Board of Immigration Appeals did not...
View ArticleImmigration — No Asylum on Religious Persecution Claim
Mulyani v. Holder (Lawyers Weekly No. 001-193-14, 22 pp.) (Thacker, J.) No. 13-1653, Nov. 14, 2014; On Petition for Review; 4th Cir. Holding: An Indonesian woman’s reports of four different instances...
View ArticleCriminal Practice — No Resentencing for Change in Law
U.S. v. Archie (Lawyers Weekly No. 001-192-14, 17 pp.) (Agee, J.) No. 13-1459, Nov. 17, 2014; USDC at Wilmington, N.C. (Boyle, J.) 4th Cir. Holding: Although defendant, who pleaded guilty to armed...
View ArticleCriminal Practice — Burned Duplex Counted as ‘Rental’ Property
U.S. v. White (Lawyers Weekly No. 001-191-14, 28 pp.) (Traxler, J.) No. 13-4949, Nov. 17, 2014; USDC at Charleston, W.Va. (Johnston, J.) 4th Cir. Holding: Although defendant made some effort to evict...
View ArticleCriminal Practice — Sentencing Increase Was ‘Harmless Error’
U.S. v. Dowell (Lawyers Weekly No. 001-190-14, 32 pp.) (Grimm, D.J.) No. 13-4576, Nov. 13, 2014; USDC at Harrisonburg, Va. (Urbanski, J.) 4th Cir. Holding: In sentencing defendant on child pornography...
View ArticleCivil Rights — No Injunction in Jail Strip-Search Case
Cantley v. W.Va. Regional Jail & Corr. Facility Authority (Lawyers Weekly No. 001-189-14, 17 pp.) (Wilkinson, J.) No. 13-7655, Nov. 14, 2014; USDC at Huntington, W.Va. (Chambers, J.) 4th Cir....
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