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Decided: December 20, 2013
The Fourth Circuit, holding that Vernon Dale Wood (“Wood”) was a “sexually dangerous person” under the Adam Walsh Act (the “Act”), affirmed the district court’s order committing Wood to the custody …
Decided: December 20, 2013
The Fourth Circuit affirmed the district court’s application of a sentencing enhancement to the defendant’s conviction for participating in a drug conspiracy based on his role as a “manager or supervisor” …
Decided: December 18, 2013
The Fourth Circuit held that Carlos Perez-Perez’s (“Perez-Perez”) prior conviction of indecent liberties with a minor, in violation of N.C. Gen. Stat. § 14-202.1, constituted a crime of violence, and warranted …
Decided: December 6, 2013
The Fourth Circuit affirmed the district court’s denial of Darnell Black’s (“Black”) motion to reduce his sentence pursuant to 18 U.S.C. § 3582(c)(2).
On September 14, 2006 Black pleaded guilty to …
Decided: December 3, 2013
The Fourth Circuit held that the government did not meet its burden of proving Jamaal Robertson (Robertson) consented to a search conducted by Durham Police Officer Doug Welch (Officer Welch). The …
Decided: November 26, 2013
The Fourth Circuit vacated appellant, Fabian Montes-Flores’, 46-month sentence, finding that the district court erroneously applied the modified categorical approach to determine that appellant’s prior conviction for assault and battery of …
Decided: November 14, 2013
Addressing appeals by thirteen individuals involved in conspiracy to traffic khat, a leafy plant containing the controlled substance cathinone, the Fourth Circuit affirmed the district court’s rulings as to all challenges.…
Date Decided: November 13, 2013
In Miller v. Alabama, the Supreme Court held that the Eighth Amendment prohibits life imprisonment without possibility of parole for juvenile offenders. Criminal defendant, Jimmy Hunter claimed that Miller similarly …
Decided: November 1, 2013
The Fourth Circuit affirmed the defendant’s sentence for drug distribution. The Court held that the district court’s use of multiple hearsay evidence to calculate the defendant’s drug quantity did not render …
Decided: October 30, 2013
The Fourth Circuit found that the district court improperly calculated William McManus’s (“McManus”) applicable Sentencing Guideline range and therefore vacated the sentence and remanded for resentencing.
Gigatribe is a file-sharing computer …
Decided: October 29, 2013
The Fourth Circuit reversed Faisal Hashime’s convictions on multiple counts related to child pornography and remanded the case for further proceedings because law-enforcement agents did not read Hashime his Miranda rights …
Decided: October 16, 2013
The Fourth Circuit, finding that Officer Roehrig had a reasonable suspicion that Decarlos George (“George”) was armed and dangerous, held that the protective frisk did not violate George’s Fourth Amendment rights …
Decided: September 16, 2013
The Fourth Circuit Court of Appeals affirmed the district court’s denial of Defendant’s motion to vacate his sentence under 28 U.S.C. § 2255. Defendant Calvin Dyess (“Dyess”) pled guilty to conspiracy …
Decided: October 1, 2013
The Fourth Circuit held that the government presented sufficient evidence to convict Thomas Royal (“Royal”) of possession of ammunition by a prohibited person, in violation of the federal Gun Control Act …
Date Decided: August 26, 2013
The Fourth Circuit affirmed the district court’s conclusion that the police’s search of the defendant’s trashcan did not violate the defendant’s Fourth Amendment rights.
Around 4:00 a.m. on May 26, …