2012

Decided: December 31, 2012

The Fourth Circuit Court of Appeals affirmed the ruling of the district court in denying Fugit’s motion under 28 U.S.C. § 2255 to vacate, set aside, or correct his sentence. Fugit …

Decided: December 31, 2012

The Fourth Circuit held that the felon-in-possession prohibition for felons in 18 U.S.C. § 922(g)(1) does not violate the Constitution, even for non-violent felons such as Pruess.

Pruess has been convicted …

Decided on: December 31, 2012

Lawing was convicted of possession of ammunition by a convicted felon in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). On appeal, Lawing argued that the district court committed reversible …

Decided: December 31, 2012

The Fourth Circuit Court of Appeals affirmed the district court’s dismissal of the plaintiff’s complaint based on a lack of standing.  The plaintiffs are individuals and an organization called the Second …

Decided: December 28, 2012

Gary Lee Gillion was convicted of four counts of mail fraud and one count of conspiring to commit mail fraud. Gillion appealed his convictions alleging that the district court erred in …

Decided: December 28, 2012

This matter arose out of an action brought by the trustee in bankruptcy of Beach First National Bancshares, Inc. (the “Trustee” and “Bancshares,” respectively) against the former directors and officers of …

Decided: December 26, 2012

In this case, the Fourth Circuit considered whether a federal statute, the National Bank Act (“NBA”), preempted a Maryland law, the Credit Grantor Closed End Provisions (“CLEC”), with respect to a …

Decided: December 21, 2012

The Fourth Circuit Court of Appeals affirmed the district court’s ruling that regulatory action by the Department of Labor (“the Department”), which suspended some regulations and reinstated others regarding temporary agricultural …

Decided: December 19, 2012

On appeal, Carter Tillery challenged his convictions for a “Hobbs Act” robbery in violation of 18 U.S.C.§1951(a) and for using, carrying, and brandishing a firearm during a violent crime in violation …

Decided: December 19, 2012

The Fourth Circuit Court of Appeals affirmed the judgment of the district court and dismissed Mrs. Butler’s action for wrongful death and loss of consortium under the Federal Tort Claims Act …

Decided: December 18, 2012

The Fourth Circuit affirmed Ayesh’s convictions of two counts of theft of public money in violation of 18 U.S.C. § 641 and one count of committing acts affecting a personal financing …

Decided: December 17, 2012

Kristen Deanna Smith appealed her conviction by a jury of involuntary manslaughter, arguing that the district court committed three reversible errors. The Fourth Circuit held that the district court did not …

Decided:  December 17, 2012

This case is arises from the Duke lacrosse scandal involving false rape charges made against members of the 2005-2006 lacrosse team.  Three groups of plaintiffs brought suit against the City of …

Decided:  December 14, 2012

Defendant Nicolas Carpio-Leon, an illegal alien “indicted for possessing firearms while being ‘illegally or unlawfully in the United States,’” appealed his guilty plea based on his contention that 18 U.S.C. § …

Decided: December 14, 2012

James G. Blakely challenged the court’s denial of his attempt to proceed in forma pauperis on appeal. The court denied his motion for reconsideration.

Under the Prisoner Litigation Reform Act’s “three-strikes” …