Wake Forest Law Review

3Apr

Chevron Deference Applies to the Black Lung Benefits Rule-Out Evidentiary Standard

Categories: 4th Cir. Blog
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By Kaitlin Price On April 2, 2015, in the published opinion West Virginia CWP Fund v. Bender the Fourth Circuit denied petition for review of the award of benefits granted to the petitioner because it agreed that  the Department of Labor acted within its regulatory authority and the Administrative Law Judge had substantial evidence to support […]

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1Apr

Bank Fraudster’s Conviction Affirmed

Categories: 4th Cir. Blog
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By Andrew Kilpinen Today, in an unpublished opinion in U.S. v. Daren Gadsden, the 4th Circuit affirmed the convictions and sentence of the district court for the District of Maryland and remanded with instructions to reduce the restitution amount. Gadsden Orchestrates Scheme to Defraud Section 8 Housing Authority Daren Karem Gadsden (“Gadsden”) was a landlord […]

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1Apr

Fourth Circuit Holds 121-Month Sentence Not an April Fool’s Joke

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By Joshua P. Bussen Today, April 1, 2015, in the published criminal opinion United States v. Rangel, the Fourth Circuit affirmed the Eastern District of Virginia’s denial of the defendant’s motion to vacate his sentence for constitutionally ineffective assistance. The Rangel Trial In 1995 Abel Castillo Rangel was indicted for several crimes related to marijuana possession and […]

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31Mar

A Tale of Two Bishops: Trademark, State Law, and When a Federal Court Must Abstain

Categories: 4th Cir. Blog
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 By Chad M. Zimlich In a published civil opinion handed down on Tuesday, March 31, 2015, the Fourth Circuit in vonRosenberg v. Lawrence took on an action in the District Court for the District of South Carolina involving two bishops of The Protestant Episcopal Church in the Diocese of South Carolina (“The Church”). The Leader […]

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31Mar

No Error in Firearm Conviction

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By Caroline Daniel In United States v. Baize, an unpublished opinion released today, the Fourth Circuit upheld Defendant Barry Dean Baize’s (“Baize”) conviction for possession of a firearm by a convicted felon. Baize Challenges Conviction on Three Grounds After being convicted of illegally possessing a firearm and receiving a sentence of 245 months in prison, Baize appealed his […]

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31Mar

The Fourth Circuit Disagrees with the Eighth and Sixth Circuits Regarding Georgia-Pacific’s Trademark Infringement Claim

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By Ashley Escoe On Monday March 30, 2015, the Fourth Circuit released a published opinion regarding the civil case of Georgia-Pacific Consumer Products v. Von Drehle Corporation. In its opinion, the court agreed with von Drehle Corporation (“von Drehle”) and vacated the district court’s injunction and award of attorneys fees and also reversed the increase […]

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30Mar

Mandate Rule Bars 4th Amendment Claim on Appeal

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By Dan Menken Today, in the unpublished opinion of United States v. Hawkins, the Fourth Circuit affirmed the conviction of Collin Hawkins for being a felon in possession of a firearm.  Hawkins was sentenced to 63 months’ imprisonment and two years of supervised release. Hawkins Participated in Carjacking On November 22, 2006, the Defendant participated […]

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27Mar

District Courts Cannot Provide Sentencing Credits

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By Kaitlin Price Today, Friday March 27, 2015, the Fourth Circuit, in an unpublished decision, affirmed United States v. Chacon. The Petitioner was found guilty of violating 21 U.S.C. Section 846 for intent to distribute and distribution of cocaine and methamphetamine and appealed the district court’s sentencing. The Petitioner specifically alleged that the district court erred […]

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27Mar

Even If Photo Lineup is Improper, Evidence is Allowed if There is Alternative Reliable Identification

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By: Michael Klotz Today, in the unpublished opinion of Unites States v. Pedro Rodriguez Garcia, the Fourth Circuit affirmed the decision of District Judge William D. Quarles, Jr., of the District Court of Maryland. The key issue on appeal was whether the District Court properly denied the Defendant’s motion to suppress photographic and in-court identifications […]

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26Mar

Fourth Circuit Affirms Sentencing Enhancement for Drugs & Firearms

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By Michael Mitchell Today, in the criminal case of United States v. Pina, an unpublished per curiam opinion, the Fourth Circuit affirmed the decision of the District Court for the Western District of North Carolina, upholding the defendant’s conviction and enhanced sentence for drug charges and firearm possession. Defendant Challenges Two-Level Sentencing Enhancement The Fourth Circuit […]

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26Mar

Fourth Circuit Denies Certificate of Appealability for Writ of Habeas Corpus

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By Carson Smith On March 26, 2015, the Fourth Circuit, in the unpublished opinion Grimes v. Webb, denied Jason Eric Grimes a certificate of appealability on his writ of habeas corpus. The district court denied Grimes’ relief on both the merits and procedural grounds. There Was No Substantial Showing of a Denial of a Constitutional Right […]

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26Mar

Fourth Circuit Affirms Dismissal of Claims by Target of Assassination Attempt

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By Patrick Southern On March 25, the Fourth Circuit released a published opinion in the civil case of Johnson v. American Towers, LLC. In its decision, the court affirmed a ruling from the District of South Carolina, declaring that court had properly determined it had jurisdiction over the matter on multiple grounds and had also properly dismissed the […]

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