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Decided: June 23, 2014
The Fourth Circuit affirmed the defendant’s convictions for bank fraud and identity theft, and vacated the defendant’s sentence; the Court determined that the Government failed to establish that defendant used sophisticated …
Decided: June 23, 2014
The Fourth Circuit affirmed the Western District of Virginia Court’s decision convicting Appellant of multiple offenses related to a healthcare fraud scheme.
Appellant was the former President and Business Manager of …
Decided: June 11, 2014
The Fourth Circuit held that when the facts that supported the Appellant’s motion for resentencing did not exist at the time of his first 28 U.S.C. § 2255 motion, then his …
Decided: June 11, 2014
The Fourth Circuit held that law enforcement conducted an unreasonable search of the defendant’s car because the probable cause to search the vehicle was tainted, and thus the defendant’s statements and …
Decided: June 11, 2014
The Fourth Circuit held that defendant’s prior “breaking or entering” convictions qualified as Armed Career Criminal Act (“ACCA”) predicate offences. Affirmed.
Defendant had three prior state convictions for “breaking or entering.” …
Decided: June 9, 2014
The Fourth Circuit affirmed the district court’s decisions to deny Charles Barefoot’s motion to represent himself at trial; to admit into evidence proof of Barefoot’s involvement in a previous murder; and …
Decided: June 6, 2014
The Fourth Circuit affirmed the United States District Court for the Middle District of North Carolina and held that: 1) a defendant’s false representation of himself as a certified public accountant …
Decided: June 6, 2014
The Fourth Circuit affirmed Taylor’s convictions for two counts of Hobbs Act robbery, in violation of 18 U.S.C. § 1951(a) and one count of using a firearm in furtherance of a …
Decided: June 5, 2014
The Fourth Circuit held that the district court erred by treating the defendant’s 2009 conviction for fourth degree burglary as a “crime of violence” for the purposes of determining his base …
Decided: June 3, 2014
The Fourth Circuit affirmed the district court’s inclusion of the Appellant’s two court-martial convictions as violent felonies for purposes of armed career criminal status under 18 U.S.C. § 924(e). Therefore, increasing …
Decided: June 2, 2014
The Fourth Circuit held that the pre-trial identification process used to identify the appellant was not impermissibly suggestive, and even if it were unduly suggestive, that the witness’s identification of appellant …
Decided: May 15, 2014
The Fourth Circuit held that the district court abused its discretion on its evidentiary rulings as viewed in their totality due to its inadequate adoption of safeguards to avoid the substantial …
Decided: May 5, 2014
The Fourth Circuit held that the district court abused its discretion by denying the motions to withdraw as council, and, thus, vacated these denials and remanded the decision.
Respondent-Appellant was civilly …
Decided: May 5, 2014
The Fourth Circuit held that the state post-conviction court’s failure to apply a Remmer presumption of prejudice over external juror communication and failure to investigate Barnes’ juror misconduct claim were unreasonable …
Decided: April 29, 2014
The Fourth Circuit affirmed the Defendant’s conviction on count one, a conspiracy charge, but vacated the sentencing court’s restitution award to Erie Insurance because it found that Erie did not qualify …