20Feb

Fourth Circuit Affirms Sentencing Enhancements for “Relevant Conduct”

By John Van Swearingen On January 24, 2017, the Fourth Circuit issued a published opinion in the criminal case United States v. Agyekum. In the United States District Court for the Southern District of West Virginia, Kofi Agyekum (“Appellant”) plead guilty to two counts of structuring transactions, forfeiting over $2,300,000 in cash assets. Appellant challenged […]

16Feb

Fourth Circuit: Government Did Not Breach Plea Agreement

Categories: 4th Cir. Blog Criminal Cases

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By Mickey Herman On Thursday, January 11, 2017, the Fourth Circuit issued a published opinion in United States v. Tate, a criminal case. Defendant-appellant, Brandon Tate, appealed his sentence, arguing that the government failed to comply with the plea agreement. After reviewing Tate’s claim for plain error, the Fourth Circuit affirmed the district court’s sentencing […]

Tags: Criminal sentence unaltered Plea agreement Sentencing Guidelines

9Feb

Fourth Circuit Upholds Criminal Sentence for “Threatening Communication” Charge

Categories: 4th Cir. Blog Criminal Cases

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By Kelsey Mellan On February 9, 2017, the Fourth Circuit issued a published opinion in United States v. Spencer, a criminal appeal of an allegedly unreasonable sentence stemming from a “threatening communication” charge. Todd Spencer (“Spencer”) pleaded guilty to sending threatening communication to a federal employee in violation of 18 U.S.C. § 876(c). He was […]

Tags: Criminal Law Criminal Procedure Enhanced sentencing Sentencing Guidelines

30Jan

Fourth Circuit Affirms Career Offender Status and Controlled Substance Offense Convictions

Categories: 4th Cir. Blog Criminal Cases

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By: Kristina Wilson On Monday, January 30, 2017, the Fourth Circuit issued a published opinion in the criminal case United States v. Dozier. The Fourth Circuit affirmed the Southern District Court of West Virginia’s designation of the defendant as a career offender and also held that the defendant’s prior state conviction under West Virginia law […]

Tags: career offender criminal Drugs Sentencing Sentencing Guidelines

26Jan

Fourth Circuit Upholds Removal Order and Sentencing Determination

Categories: 4th Cir. Blog Criminal Cases

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By Kelsey Mellan On January 26, 2017, the Fourth Circuit issued a published opinion in United States v. Moreno-Tapia, a constitutional appeal of an immigration removal and sentencing order. Juan Moreno-Tapia (“Moreno-Tapia”) argued he was unconstitutionally deported in 2009 and thus his conviction for illegal reentry into the United States in 2014 was also unconstitutional. […]

Tags: Constitutional Law Immigration Sentencing Guidelines

25Jan

Fourth Circuit Outlines “Moral Turpitude” Test for Deportation Cases

Categories: 4th Cir. Blog Criminal Cases

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By Ali Fenno On January 24, 2017, the Fourth Circuit issued a published opinion in the criminal case Sotnikau v. Lynch. In Sotnikau, the Fourth Circuit addressed whether involuntary manslaughter in Virginia constitutes a crime of moral turpitude that justifies a U.S. permanent resident’s removal pursuant to 8 U.S.C. § 1227(a)(2)(A)(i)(I). After examining the scope […]

Tags: Administrative Law Immigration

23Jan

Fourth Circuit Affirms Denial of Motion to Suppress by Clarifying the Terry Doctrine

Categories: 4th Cir. Blog Criminal Cases

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By John Van Swearingen On Monday, January 23, 2017 the Fourth Circuit issued a published opinion following a rehearing en banc in the criminal case United States v. Robinson. The defendant Robinson appealed his conviction under 18 U.S.C. § 922(g)(1), which prohibits the possession of a firearm by a felon. The Fourth Circuit Court of Appeals […]

Tags: Concealed Carry criminal Firearms Fourth Amendment Fourth Circuit Frisk Guns Terry search Traffic Stop Weapons

21Nov

Fourth Circuit Affirms Grant of Habeas Relief Based on Racially Prejudiced Comments

Categories: 4th Cir. Blog Criminal Cases

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By Kelsey Mellan On November 21, 2016, the Fourth Circuit issued a published opinion in Bennett v. Stirling, a prisoner death penalty appeal involving a prosecutor’s racially charged remarks throughout a sentencing hearing. Petitioner Johnny Bennett (“Bennett”) challenged the imposition of a capital sentence in South Carolina courts. While the Fourth Circuit recognized that courts typically […]

Tags: death sentence due process rights habeas corpus

12Nov

Fourth Circuit Finds Plaintiff’s Due Process Rights Violated and Clarifies Standard for Excessive Force

Categories: 4th Cir. Blog Criminal Cases

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By Mike Stephens On November 7, 2016, the Fourth Circuit decided the criminal case of Dilworth v. Adams. Michael Dilworth (“Dilworth”) was being held as a pretrial detainee in a North Carolina detention facility, facing charges for failing to appear in court. While detained, Dilworth was involved in an altercation with a fellow inmate and an […]

Tags: Criminal Law Due Process Excessive Force pretrial detainee procedural due process

10Nov

Fourth Circuit Remands Burglary Case with Sentencing Guidelines

Categories: 4th Cir. Blog Criminal Cases

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By Sophia Blair On November 10, 2016, the Fourth Circuit issued a published opinion in the criminal case, United States v. Williams. Earnest Lee Williams Jr. (“Williams”) was charged with attempting to enter a bank with the intent to commit a felony and larceny in violation of 18 U.S.C. § 2113(a). Williams pleaded guilty to […]

Tags: burglary Criminal Law robbery Sentencing

26Oct

Fourth Circuit Declines to Invalidate Petitioner’s Guilty Plea

Categories: 4th Cir. Blog Criminal Cases

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By Ali Fenno On October 25, 2016, the Fourth Circuit issued a published opinion in the criminal case of Dingle v. Stevenson. In Dingle, the Fourth Circuit addressed whether the Supreme Court’s holding in Roper v. Simmons, which invalidated the use of capital punishment against juvenile offenders, should apply retroactively to undo a guilty plea […]

Tags: Criminal Law Criminal Procedure Guilty Plea habeas corpus petition Plea Agreements Sentencing

26Oct

Fourth Circuit Vacates Exclusion of Grand Jury Evidence in Human Trafficking Case

Categories: 4th Cir. Blog Criminal Cases

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By John Van Swearingen On Wednesday, October 26, 2016, the Fourth Circuit issued a published opinion in the criminal case United States v. Alvarado. The district court had issued an order precluding the government from calling upon two witnesses to testify about anything discussed during a grand jury proceeding for a post-superseding indictment; the order […]

Tags: appeal criminal Evidence exclusion grand jury remedy

Fourth Circuit Affirms Sentencing Enhancements for “Relevant Conduct”

Fourth Circuit: Government Did Not Breach Plea Agreement

Fourth Circuit Upholds Criminal Sentence for “Threatening Communication” Charge

Fourth Circuit Affirms Career Offender Status and Controlled Substance Offense Convictions

Fourth Circuit Upholds Removal Order and Sentencing Determination

Fourth Circuit Outlines “Moral Turpitude” Test for Deportation Cases

Fourth Circuit Affirms Denial of Motion to Suppress by Clarifying the Terry Doctrine

Fourth Circuit Affirms Grant of Habeas Relief Based on Racially Prejudiced Comments

Fourth Circuit Finds Plaintiff’s Due Process Rights Violated and Clarifies Standard for Excessive Force

Fourth Circuit Remands Burglary Case with Sentencing Guidelines

Fourth Circuit Declines to Invalidate Petitioner’s Guilty Plea

Fourth Circuit Vacates Exclusion of Grand Jury Evidence in Human Trafficking Case

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