The Fourth Circuit affirmed the District Court for the Eastern District of Virginia’s decision rejecting Baker’s motion to vacate, set aside, or correct his sentence on the ground that his counsel …
United States v. Marco Antrione Cherry, Jr., No. 12-4263
Decided June 13, 2013
The Fourth Circuit Court of Appeals affirmed the defendant’s convictions of various firearm and drug crimes. The court held that the Speedy Trial Act precludes dismissal of an untimely indictment when …
The Fourth Circuit affirmed Appellant Al Sabahi’s conviction on four courts for knowingly possessing firearms while unlawfully present in the United States, in violation of 18 U.S.C. §§ 922(g)(5)(a) and 924(a)(2). …
The Fourth Circuit denied Faisal Hashime’s petition for a hearing en banc. However, Judge Gregory wrote a concurring opinion to voice his support for revision of the Fourth Circuit’s Eighth Amendment …
The Fourth Circuit vacated and remanded the United States District Court for the Eastern District of Virginia’s decision to allow the government to forcibly medicate Chatmon in order to restore his …
The Fourth Circuit affirmed the district court’s ruling that a diversionary disposition, in which a court sentences a criminal defendant but does not formally enter judgment against him, is a predicate …
ABB Inc. v. CSX Transportation, Inc. and Transportation and Logistics Council, Inc., No. 12-1674
Decided June 7, 2013
The Fourth Circuit Court of Appeals reversed the portion of the district court’s judgment in favor of CSX Transportation Inc. (CSX) on its claimed liability limitation of $25,000. The court concluded …
The Fourth Circuit affirmed the judgment of the U.S. District Court for the Eastern District of Virginia and rejected Hasan’s challenges to his conviction of various offenses related to the trafficking …
American Petroleum Institute v. Cooper, No. 12-1078
Decided: June 6, 2013
The Fourth Circuit held that the federal Petroleum Marketing Practices Act (“PMPA”) and Energy Policy Act of 2005 (“Energy Policy Act” or “federal renewable fuel program”) did not preempt North Carolina’s …
Westmoreland Coal Company, Inc. v. Cochran, No. 11-1839
Decided: June 4, 2013
The Fourth Circuit affirmed the Administrative Law Judge’s (“ALJ”) decision to award black lung benefits under the Black Lung Benefits Act (the “Act”) to Cochran, a former Westmoreland Coal Company (“Westmoreland”) …
The Fourth Circuit affirmed the District Court for the District of Maryland, which affirmed the bankruptcy court’s finding of fraud and entry of a non-dischargeable judgment in favor of the Appellee, …
The North Carolina State Board of Dental Examiners v. Federal Trade Commission, No. 12-1172
Decided May 31, 2013
The Fourth Circuit Court of Appeals denied the North Carolina State Board of Dental Examiners’ (the Board) petition for review of the Federal Trade Commission (FTC) order finding that the Board …
The Fourth Circuit affirmed the judgment of the district court that Castellanos failed to prove he had a legitimate expectation of privacy in a vehicle that was holding cocaine in its …
The Fourth Circuit vacated the decision and order of the Benefits Review Board (“BRB”) awarding permanent partial disability benefits to Marine Repair Services, Inc.’s (“Marine”) former employee under the Longshore and …