Wake Forest Law Review

25Mar

Fourth Circuit Affirms Sentencing Judgment

Categories: 4th Cir. Blog
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By Katharine Yale Yesterday, in the consolidated unpublished criminal case United States v. Owens, the Fourth Circuit reviewed the sentences of two defendants, Matthew Owens and Dennis Ross, and affirmed the district court’s judgment. On review, the two defendants asked the Fourth Circuit to determine whether the court below plainly erred in calculating Owens’s criminal […]

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24Mar

The Fourth Circuit Adopts a Common Law Duty for “Quasi-Public” Professional Organizations and Deferential Review of Agency Decisions

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By Taylor Ey Today the Fourth Circuit issued its published opinion of the civil case, Professional Massage Training Center, Inc. v. Accreditation Alliance of Career Schools and Colleges, affirming the district court’s decision in part, and reversing in part. The plaintiff Professional Massage Training Center (“PMTC”) brought a due process action against the defendant Accreditation Alliance of […]

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23Mar

No Merit in Appeal of District Court Sentence

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By Marcus Fields Today, in United States v. Montgomery, an unpublished decision, the Fourth Circuit affirmed the district court’s revocation of Montgomery’s supervised release and sentence of 22 months. Brief Filed by Montgomery’s Counsel Although Montgomery’s counsel did not believe there were any meritorious grounds for appeal, he filed a brief with the court raising four […]

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23Mar

Firearm Found in Home Where Drug Deal Went Down Enough for USSG § 2D1.1(b)(1) Enhancement

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By Elissa Hachmeister Today, March 23, 2015, in the criminal case United States v. John A. Boyles, the Fourth Circuit affirmed in an unpublished per curiam opinion the district court’s judgment applying a two-level enhancement pursuant to U.S. Sentencing Guidelines Manual § 2D1.1(b)(1). Enhancement for Drug Offense with Possession of a Dangerous Weapon John A. […]

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20Mar

The Fourth Circuit Adds a Knowledge Element to Arranger Liability Under CERCLA

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By David Darr Today, in the civil case of Consolidated Coal Co. v. Georgia Power Co., a published opinion, the Fourth Circuit established that a seller of items containing hazardous materials is not liable for contribution of the cleanup of those materials under the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”) if its subjective […]

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20Mar

Cookie Cutter Sentencing Requires Explanation

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By Andrew Kilpinen On Wednesday, March 18, 2015, in a published opinion U.S. v. Xavier Lymas, the 4th Circuit reversed and remanded three sentencing decisions from the Eastern District of North Carolina for failing to provide adequate explanations for why it varied from sentencing guidelines and not imposing individualized sentences and explanations. Defendants Indicted for Convenience […]

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20Mar

Failing to Request Instruction on Heat of Passion is Ineffective Assistance of Counsel

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By Lauren D. Emery On March 20, 2015 in the published opinion, Mark E. Lee v. Harold W. Clarke, the Fourth Circuit reversed the district court’s dismissal of Lee’s petition for a writ of habeas corpus. Altercation Instigated by Victim Results in his Death On September 16-17, 2008, Lee was tried for first degree murder […]

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20Mar

No Qualified Immunity for Officers in Their Use of Excessive Force

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By Joshua P. Bussen On March 18, 2015, in a published opinion of the civil case Smith v. Ray, the Fourth Circuit affirmed the district court’s denial of summary judgement to two police officers who were accused of using of excessive force.  The circuit court found no error in the Eastern District of Virginia’s decision to deny the police officers […]

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19Mar

Grant of SSA Commissioner’s Motion for Judgment on the Pleadings Reversed

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By Evelyn Norton Yesterday, in a published opinion, in the civil case of Mascio v. Colvin, the Fourth Circuit reversed the decision of the District Court for the Eastern District of North Carolina to grant the motion of the Social Security Administration Commissioner for judgment on the pleadings. The District Court Found that the SSA […]

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17Mar

Kings’ Convictions Upheld

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By Caroline Daniel In United States v. Cornell, a published opinion released yesterday (March 16), the Fourth Circuit affirmed the convictions of three members of the Greensboro tribe of the Latin Kings. Defendants Assert Multiple Errors by Prosecution Co-defendants Jorge Cornell (a.k.a King Jay), Ernesto Wilson (a.k.a. King Yayo), and Russell Kilfoil (a.k.a. King Peaceful) (collectively “Defendants”) were charged […]

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17Mar

Fourth Circuit Splits On Arbitration Requirements and Bankruptcy Proceedings

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By Chad M. Zimlich On Monday, March 16, 2015, the Fourth Circuit in Moses v. CashCall, Inc., a published civil opinion, considered an appeal from a district court affirmation of a bankruptcy court decision from the Eastern District of North Carolina. The appeal centered around whether claims for declaratory relief and for monetary damages asserted […]

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16Mar

Fourth Circuit Holds that Second Termination Did Not Violate Arbitration Award

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By Ashley Escoe In Fraternal Order of Police v. WMATA, a published civil opinion released on March 10, 2015, the Fourth Circuit reversed a district court’s order of summary judgment for the appellee, the Fraternal Order of Police (FOP), holding that the appellant, the Washington Metropolitan Area Transit Authority (WMATA), complied with the arbitration award. […]

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