Wake Forest Law Review

27Feb

The “Totality of the Circumstances” Includes Conduct By Defendant Between The Time Police Officer Turns On Siren And When Vehicle Stops

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By: Michael Klotz Today, in the unpublished opinion of Unites States v. Skyler Jovelle Holley, the Fourth Circuit reversed the decision of Senior District Judge W. Earl Britt of the District Court for the Eastern District of North Carolina. The court held that the district court erred in failing to consider conduct by the Defendant […]

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27Feb

Review of Sentencing Moot

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By Kaitlin Price On February 25, 2015, in an unpublished opinion of the criminal case, United States v. Robinson the Fourth Circuit dismissed the appeal as moot in regards to the sentencing challenge and affirmed the district court’s judgment. Robinson’s Sentence Was Already Served  Tyanna Robinson appealed the district court’s judgment which revoked her supervised release and […]

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25Feb

Twelve Years Not Unreasonable for Crack Cocaine Distributor

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By Joshua Bussen Today, February 25, 2015, in an unpublished decision of the criminal case United States v. McCollum, the Fourth Circuit affirmed the decision of the District Court for the District of South Carolina—convicting Makum Lamont McCollum of distributing crack cocaine and sentencing him to 151 months in prison. The Anders v. California Issue McCollum appealed his […]

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25Feb

Refugee of War To Be Extradited for War Crimes

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By Andrew Kilpinen On February 24, 2015, the 4th Circuit affirmed the Western District of Virginia’s judgment denying Almaz Nezirovic’s (“Nezirovic”) petition for a writ of habeas corpus in the published opinion of Almaz Nezirovic v. Gerald Holt. The 4th Circuit held that Nezirovic’s extradition was neither time-barred nor precluded by the political offense exception under […]

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24Feb

A Failure of Proof Showing Narrowly Tailored Restrictions on Speech Spells Doom for “No Panhandling” Ordinance

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By Chad M. Zimlich Today, in the civil case Reynolds v. Middleton, a published opinion, the Fourth Circuit vacated and remanded a finding of summary judgment in favor of Henrico County, Virginia. A New Ordinance Restricting Speech A homeless man, questioning the constitutionality of Henrico County’s amendment to an ordinance restricting panhandling while on a […]

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24Feb

120 Months not Unreasonable for Heroin Distribution

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By Caroline E. Daniel Today, in United States v. Thomas, an unpublished criminal opinion, the Fourth Circuit affirmed Defendant Demetrius Thomas’ (“Thomas”) conviction and sentence. Thomas Questions Validity of plea and Length of Sentence Thomas pled guilty to a violation of 21 U.S.C. § 841(a)(1) for distributing heroin, for which he was sentenced to 120 months. […]

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23Feb

Fourth Circuit Holds District Court’s Errors Were Harmless and Defendant Waived His Right to Appeal

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By Ashley Escoe Today, in the criminal case of U.S. v. Bridgers, in an unpublished per curiam opinion, the Fourth Circuit held that any errors during Morris Edward Bridgers’ plea colloquy were harmless and that Bridgers waived his right to appeal his sentence. Bridgers’ Guilty Plea at the Trial Court Bridgers pled guilty to violating […]

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23Feb

Court Rules Defendant Cannot Appeal Plea Agreement

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By Dan Menken Today, in United States v. Loftis, an unpublished opinion, the Fourth Circuit upheld Scottie Allen Loftis’ sentence of 120 months’ imprisonment for possession of stolen firearms. Loftis Pled Guilty to Possession of Stolen Firearms Loftis pled guilty to possession of stolen firearms, in violation of 18 U.S.C. § 922(j), and was sentenced […]

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20Feb

Fourth Circuit Affirms Summary Judgment Grant in Employer’s Favor

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By Evelyn Norton Today in a published opinion, EEOC v. Freeman, the Fourth Circuit affirmed the decision of the United States District Court for the District of Maryland to grant summary judgment to the national employer Freeman.  The District Court Found the EEOC Could Not Establish a Prima Facie Case of Discrimination In 2001, Freeman began […]

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20Feb

Conviction for Forgery of Public Records may Jeopardize Immigration Procedings

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By Lauren D. Emery In Maria Guzman Pineda v. Eric Holder, Jr.,  an unpublished per curiam opinion released February 20, 2015, the court denied Pineda’s petition for review of an order of the Board of Immigration Appeals (BIA).  Pineda sought review of the BIA’s dismissal of her appeal from an immigration judge’s denial of her […]

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19Feb

No Jurisdiction to Review Discretionary Determinations Regarding Timeliness of Asylum Application

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By Rolf Garcia-Gallont Today, in the per curiam unpublished opinion of Nguyen v. Holder, the Fourth Circuit upheld the Board of Immigration Appeals’ (“BIA”) dismissal of Dung Duc Nguyen’s appeal from the denial of his applications for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). Attorney General’s Determination Regarding The Timeliness of Nguyen’s […]

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19Feb

Fourth Circuit Affirms Enhanced Sentence Under Armed Career Criminal Act

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By Michael Mitchell Today, in the criminal case of United States v. Doe, 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 sentence for possession of a firearm by a convicted felon. Defendant Challenges District Court’s “Armed Career Criminal” […]

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