By Patrick Southern Today, in an unpublished per curiam opinion, the Fourth Circuit affirmed the revocation sentence imposed by the District of South Carolina in the case of United States v. Mayberry. The court held that the appropriate criminal sentencing guidelines were followed, and that the district court’s sentence was both procedurally and substantively reasonable. Mayberry’s […]
By Carson Smith On February 12, 2015, the Fourth Circuit, in an unpublished opinion, affirmed the District Court of South Carolina’s dismissal in Holmes v. Moore due to lack of subject matter jurisdiction. Holmes Argued that the Domestic Relations Exception to Subject Matter Jurisdiction Did Not Apply Holmes brought a breach of contract and promissory estoppel action against […]
By Katharine Yale On February 13, 2015 in Hernandez-Cea v. Holder, an unpublished civil opinion, the Court of Appeals for the Fourth Circuit affirmed an order of the Board of Immigration Appeals dismissing Plaintiff’s appeal, thereby denying her petition for review. Plaintiff Appeals from Immigration Judge’s Denial of Requests in Removal Proceedings During removal proceedings, a […]
By Taylor Ey Last Friday, February 13, the Fourth Circuit issued its unpublished opinion in the civil case Watson v. Colvin. History of the Case Mr. Watson was seeking disability insurance benefits and supplemental security income, but acting Social Security Commissioner Colvin (“the Commissioner”) denied his claim. Mr. Watson sought review of the Commissioner’s determination before […]
By Elissa Hachmeister In Tanner v. Commissioner of Social Security, an unpublished opinion issued on February 12, 2015, the Fourth Circuit affirmed the District Court for the District of South Carolina’s judgment upholding the Social Security Administration’s decision to deny Madeline Brown Tanner’s claim for disability insurance benefits. Although the district court erroneously failed to […]
By Marcus Fields Last Thursday, in United States v. Hill, an unpublished decision, the Fourth Circuit affirmed the District Court for the District of South Carolina’s revocation of Larry Hill’s release. The Fourth Circuit found that each of Hill’s five contentions on appeal were without merit. The district court found that Hill violated his supervised […]
By David Darr Today, in the civil case of United States ex rel. Prince v. Virginia Resources Authority, an unpublished per curiam opinion, the Fourth Circuit affirmed the decision of the District Court for Western District of Virginia dismissing the plaintiff’s qui tam action under the False Claims Act. Plaintiff Contended the District Court Improperly […]
By: Michael Klotz Today, in the published opinion of United States v. Burns, the Fourth Circuit affirmed the decision of Judge Catherine Eagles of the District Court for the Middle District of North Carolina. A downward reduction in the sentence of a criminal defendant is disallowed when the defendant disputes the mens rea for the […]
By Diana C. Castro Today, in the criminal case United States v. Santos Rios-Santos, the Fourth Circuit affirmed, in an unpublished opinion, the decision of the District Court for the Eastern District of North Carolina. The District Court denied the defendant’s request for a below-Guidelines sentence. Defendant Argues for an Individualized Reason Santos Rios-Santos contends […]
By Evelyn Norton Today, in the criminal case of United States v. Meredith, an unpublished per curiam opinion, the Fourth Circuit affirmed the decision of the U.S. District Court for the Northern District of West Virginia sentencing Ms. Loretta Meredith to one year and one day of imprisonment. Defendant Challenged the Sentence Imposed The District […]
By Joshua P. Bussen Yesterday, February 10, 2015, in the criminal case of United States v. McGee, in an unpublished opinion, the Fourth Circuit affirmed the decision of the District Court for the Northern District of West Virginia convicting the defendant, Michael McGee, of conspiracy to possess cocaine with intent to distribute. Defendant Cries Foul […]
By Andrew Kilpinen Today, in an unpublished decision, the 4th Circuit affirmed a district court decision from the Western District of Virginia in U.S. v. Douglas Thomas, Jr. Mr. Thomas Sentenced to 5 Months in Prison and 4 Years Supervised Release The district court revoked Mr. Thomas’s supervised release for failing to comply with the […]