In Cucalon v. Barr, the Fourth Circuit held Virginia Code § 18.2-248 is divisible by prohibited substance. Applying the modified categorical approach, the court held that distribution of cocaine under Virginia Code § 18.2-248, including distribution of that substance as an accommodation under Virginia Code § 18.2-248(D), satisfies the federal definitions of an “aggravated felony” and of a crime “relating to a controlled substance.”
In In re Moore, the Fourth Circuit denied a petition for a writ of mandamus, asking that the court direct Judge Conrad to recuse from presiding over petitioner’s criminal trial. The Fourth Circuit acknowledged that recusal might be required at a future point; however, it concluded that the extraordinary relief of mandamus was not warranted at this stage of the proceedings.
In United States v. Jackson, the Fourth Circuit held that a district court may, in exercise of its discretion, consider the amount of “banked” time a defendant would receive when reducing that defendant’s sentence.