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Decided: December 6, 2012
In this case, Defendant Daniel J. Brown appealed his conviction and sentence in the Western District of Virginia for a child pornography offense. Specifically, Brown argued that the district court erred …
Decided: December 4, 2012
In February 2011, federal prosecutors charged the Defendant, Nicholas Gonzales-Flores, with running a methamphetamine distribution scheme and being an illegal-alien in possession of a firearm that had traveled in interstate commerce. …
Decided: November 30, 2012
The Fourth Circuit Court of Appeals reversed the district court’s ruling that employer contribution funds in an Employment Retirement Savings Income Act (“ERISA”) health plan should be returned due to a …
Decided: November 30, 2012
Jonathan Blitz, his wife Marla Tuchinsky, and their minor child EB (“Plaintiffs”) challenged the district court’s dismissal of their complaint for lack of subject matter jurisdiction. The Plaintiffs’ complaint challenged the …
Decided: November 29, 2012
The Fourth Circuit Court of Appeals affirmed the judgment of the district court sentencing Day to 105 years in prison in addition to fines, forfeitures, and restitution. Day was convicted of …
Decided: November 29, 2012
The Fourth Circuit affirmed the district court’s denial of a motion to suppress evidence obtained from a dog sniff search of a vehicle. The court concluded reasonable suspicion of criminal activity …
Decided: November 28, 2012
Santander Consumer USA (“Santander”) appealed from the district court’s order denying its motion to compel arbitration and stay court proceedings of Antonia Rota-McLarty’s (“Rota-McLarty”) claims against it. The Fourth Circuit, after …
Decided: November 21, 2012
The Fourth Circuit Court of Appeals held that the Surface Transportation Board’s (“STB”) denial of the Maryland Transit Administration’s (“MTA”) would not be overturned under the arbitrary and capricious standard.
MTA …
Decided: November 21, 2012
Jimmy Martin and Lucky Strike, LLC (appellants) brought an action in the district court to enjoin the enforcement of S.C. Code Ann. §§ 12-21-2710 and 12-21-2712, which prohibit certain “device[s] pertaining …
Decided: November 19, 2012
The Fourth Circuit denied Adriano de Almeida Viegas’s petition for review of the Board of Immigration Appeals’ (“BIA”) denial of Viagas’s petition to obtain relief from removal under the Immigration and …
Decided: November 19, 2012
In this case, the Fourth Circuit affirmed its early opinion in United States v. Edmonds, 679 F.3d 169 (4th Cir. 2012), in which it had concluded that the defendant was properly …
Decided: November 9, 2012
The Fourth Circuit affirmed the constitutionality of 28 U.S.C. §§702 and 704(a), which makes it a crime to knowingly wear unauthorized military uniforms or insignia. The Fourth Circuit also affirmed the …
Decided: November 9, 2012
Martin Mendoza Leiba (“Mendoza”) petitioned the Fourth Circuit Court of Appeals to review a decision by the Board of Immigration Appeals (the “Board”). The Board affirmed the ruling of an immigration …
Decided: November 9, 2012
The Fourth Circuit Court of Appeals reversed a district court opinion that denied the plaintiff-appellant, Earl M. Bird (“Bird”), Social Security Benefits. The Court of Appeals held that the lower court …
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 …