By Michael Mitchell Defendant Challenges Classification of Arson Conviction as “Aggravated Felony” to Avoid Deportation Today, in Sandra Espinal-Andrades v. Eric Holder, Jr., the Fourth Circuit considered whether the Defendant’s arson conviction qualifies as an aggravated felony under the Immigration and Nationality Act (“INA”). The court reviewed this Board of Immigration Appeals (“BIA”) case de novo. […]

By Carson Smith Today, in the criminal case United States v. Bran, the Fourth Circuit affirmed the Eastern District of Virginia, upholding both the conviction of Jose Armando Bran for conspiracy to commit murder and the district court’s interpretation of federal sentencing guidelines under 18 U.S.C. § 924(j). Defendant Contends Trial Court Erred in Upholding […]

By: Rolf Garcia-Gallont The Fourth Circuit dismissed the appeal in Oaks v. Clark in an unpublished per curiam decision today, stating that it lacked jurisdiction because the Appellant had failed to file notice of appeal in a timely fashion. In a footnote, the court noted that Oaks did not benefit from the “prison mailbox rule,” which originated […]

By Patrick Southern Today, in Marks v. Dann, the Fourth Circuit affirmed the dismissal of the plaintiff’s claims against the defendant, who was employed as director of a Maryland state agency, the Maryland Venture Fund (“MVF”). The United States District Court for the District of Maryland previously held that the plaintiff’s claims were barred under the […]

By: Katharine Yale Today in an unpublished per curiam decision, United States v. Talley, the Fourth Circuit considered the validity of an appellate waiver within Talley’s plea agreement. Talley pled guilty to conspiracy to commit Hobbs Act robberies along with two other related charges. He was sentenced to 171 months in prison, a sentence that […]

By Taylor Ey Last Monday, January 12, the Fourth Circuit issued a published opinion in the civil case of Prasad v. Holder.  Appellant Prasad appealed the decision of the Board of Immigration Appeals, rejecting his claim that his status should be changed from one who is unlawfully present in the United States to that of lawful permanent resident. […]

By Marcus Fields Last Thursday, in United States v. Wells, the Fourth Circuit vacated the defendant’s sentence and remanded to a different judge for resentencing after finding that the Government breached a plea agreement by improperly using information provided by the defendant during a debriefing against him at his sentencing hearing. Statements made by Defendant […]

by David Darr Today, in United States v. Chatmon, an unpublished per curium opinion, the Fourth Circuit affirmed the decision of the Eastern District of Virginia finding that Frank Chatmon should be forcibly medicated in order to restore Chatmon’s competency for trial. Were There Less Intrusive Alternatives? The primary issue in this appeal was whether […]

By: Michael Klotz Today, in Douglas C. Dunlap v. Texas Guaranteed, the Fourth Circuit reaffirmed that a plaintiff has the burden of establishing that fraud by a defendant could not have been discovered through a reasonable investigation, providing an exception to the standard statute of limitations. Under Va. Code Ann. § 8.01-243(A), a two year statute of limitations begins […]

By: Diana C. Castro Last Tuesday, January 13th, in United States v. Hawkins, the Fourth Circuit affirmed in part, vacated in part, and remanded the judgment of the District Court for the District of Maryland convicting Hawkins of separate counts related to a carjacking and a subsequent arrest as a felon in possession of a […]

By Evelyn Norton Today, in Demetres v. East Construction, Inc., the Fourth Circuit affirmed a decision by the U.S. District Court for the Eastern District of Virginia dismissing a personal injury suit for lack of subject matter jurisdiction. The Incident Ashland Construction Co., a North Carolina corporation, hired East West, a Virginia corporation, as subcontractor […]

By Joshua P. Bussen Yesterday, in United States v. Conrad—a published opinion—the Fourth Circuit affirmed a decision by the Western District of Virginia to deny a motion to dismiss commitment proceedings. The defendant, Samuel Robert Conrad III, appealed the district court’s denial of his motion to dismiss commitment proceedings arising from a 2007 insanity acquittal […]