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Decided: November 8, 2012
The Fourth Circuit denied a Rule 60(b)(4) motion to vacate a civil forfeiture judgment. Although the government failed to meet the 90-day mandatory timeline imposed by 18 U.S.C. § 983(a)(3), Wilson …
Decided: October 25, 2012
In this case, the Fourth Circuit upheld the revocation of a federal prisoner’s supervised release and subsequent imprisonment for engaging in criminal activity while on release. The court rejected the defendant’s …
Decided: October 23, 2012
The Fourth Circuit Court of Appeals affirmed Peoples’ conviction for contempt of Judge Currie and reversed his conviction for contempt of Judge Conrad.
Peoples, a former inmate, brought a number of …
Decided: August 14, 2012
The Fourth Circuit Court of Appeals affirmed the convictions of three defendants who were tried together for charges relating to the murder of certain government witnesses, the murder of a co-conspirator, …
Decided: June 14, 2012
The Fourth Circuit Court of Appeals affirmed a district court order dismissing Breton Lee Morgan’s action challenging his exclusion from participating in Medicare, Medicaid, and all other federally sponsored health care …
Decided: September 6, 2012
This case concerned a government petition for civil commitment of a convicted pedophile under the Adam Walsh Child Protection and Safety Act of 2006 (the Act). The Fourth Circuit remanded the …
Decided: August 30, 2012
On appeal, Timothy Tyrone Horton challenged his conviction for possession of a firearm while a convicted felon and the district court’s sentence of life imprisonment. The Court of Appeals affirmed Horton’s …
Decided: August 22, 2012
Defendant Larry Whitfield appealed his convictions and sentence arising from his role in a failed attempt to rob a bank and a “mid-escape home intrusion” that resulted in the death of …
Decided: August 20, 2012
The defendant filed a § 2255 motion requesting that his sentence for a violation of 21 U.S.C. § 846 be vacated as it was impermissibly based upon a prior drug conviction, …
Decided: August 17, 2012
The Fourth Circuit Court of Appeals affirmed the district court’s judgment that the district court does not have jurisdiction over a habeas corpus petition where the petitioner has not been in …
Decided: August 16, 2012
Davis was convicted of various federal offenses arising from the armed robbery of an armored car employee, the murder of that employee, and a subsequent carjacking. Davis challenges the use of …
Decided: August 14, 2012
Defendant Douglas Chappell appealed his conviction under Virginia’s police impersonation statute, Virginia Code § 18.2-174. Chappell challenged the constitutionality of the statute, arguing that it violates the Free Speech Clause of …
Decided: August 13, 2012
The Court of Appeals affirmed Charles Lee Smoot’s conviction for being a felon in possession of a firearm, rejecting Smoot’s 18 U.S.C. § 922 challenges to his conviction.
In 2008, an …
Decided: August 10, 2012
The Fourth Circuit Court of Appeals vacated and remanded Mirna Del Carmen Gomez’s sentence because the district court erred in calculating her sentence under the modified categorical approach.
Gomez pleaded guilty …
Decided: August 10, 2012
Brehm appealed from the judgment of the United States District Court for the Eastern District of Virginia, challenging the jurisdictional basis for the indictment underlying his conviction. The Court of Appeals …