Wake Forest Law Review

18Nov

Nephew/Uncle Conspiracy to Sell “Stolen” Marlboros Remanded Back for Resentencing

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By Mikhail Petrov Today, in the published criminal case of United States v. Qazah, the Fourth Circuit affirmed the Defendants’ convictions, but vacated their sentences and remanded the case back for resentencing. The Defendants, Kamal Qazah, better known by his street name Keemo, and his uncle Nasser Alquza, were convicted for a conspiracy to receive […]

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17Nov

Fourth Circuit Vacates Maryland District Court’s Decision, Compels Arbitration in Franchise Dispute

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By Anthony Biraglia In the civil case of Chorley Enterprises v. Dickey’s Barbecue Restaurants, Inc., the Fourth Circuit vacated a Maryland district court’s decision to hold a jury trial on a purportedly ambiguous contract provision, rather than compel arbitration, in a franchise dispute between two sets of plaintiffs and Dickey’s Barbecue Restaurants (“Dickey’s”). The Court determined […]

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17Nov

Fourth Circuit Affirms Conspiracy and Laundering Convictions

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By Cate Berenato In the published, criminal case United States v. Qazah, the Fourth Circuit affirmed the United States District Court for the Western District of North Carolina’s decision to convict Kamal Zaki Qazah and his uncle, Nazzer Kamal Aquza, of conspiracy and money laundering. The Fourth Circuit remanded the district court’s sentencing decisions. During […]

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16Nov

Applying Reed v. Town of Gilbert to Strike Down South Carolina’s Anti-Robocall Statute as Unconstitutional Content-Based Regulation

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By Taylor Ey On August 6, 2015, the Fourth Circuit issued its unanimous, published opinion in the civil case of Cahaly v. LaRosa.  This case involves Mr. Robert Cahaly’s (“Plaintiff”) constitutional challenge of South Carolina’s anti-robocall statute (S.C. Code Ann. § 16-17-446(A)), asserting that the statute violates the First Amendment.  After applying the Supreme Court’s 2015 […]

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16Nov

Fourth Circuit Affirms Denial of Habeas Petition on Jurisdictional Grounds

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By Blake Stafford On July 31, 2015, the Fourth Circuit issued its published opinion in the criminal case United States v. Surratt.  In this case, Raymond Surratt filed a second petition for writ of habeas corpus under 28 U.S.C. § 2241 to reduce his life sentence for his conviction of conspiracy to distribute cocaine.  As a […]

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13Nov

Fourth Circuit Upholds Awarded Damages in Telecommunications Case

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By Paige Topper On November 13, 2015, in the civil case of CoreTel Virginia, LLC v. Verizon Virginia, LLC, a published opinion, the Fourth Circuit affirmed the District Court’s decision to grant damages for use of telecommunications facilities and late-payment fees. The Telecommunications Act of 1996 The Telecommunications Act requires incumbent local exchange carriers, like […]

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13Nov

Class vs. Football: Fourth Circuit Says Injured Football Player Not Protected Under ADA

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By Taylor Anderson On November 13, 2015, the Fourth Circuit issued its published opinion regarding the civil case Class v. Towson Univ. The appellant, Towson University (“University”), appealed the district court’s judgment for appellee Gavin Class (“Class”), issuing a permanent injunction prohibiting the University from violating Title II of the Americans with Disabilities Act (“ADA”) […]

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12Nov

Pro Se Defendant’s Case Remanded After Fourth Circuit Finds No Forfeiture of Right to Counsel

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By Daniel Stratton On September 2, 2015, the Fourth Circuit reversed the conviction of an individual convicted on several charges related to his possession of marijuana with intent to distribute, and remanded for further proceedings in a published opinion in the criminal case United States v. Ductan. The appellant, Phillip Ductan, argued that the district […]

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11Nov

Fourth Circuit Revisits Sex Trafficking Case

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By Malorie Letcavage On August 18, 2015 the Fourth Circuit Court of Appeals issued its published opinion in the criminal case of United States v. Fuertes. In this case, the Court had to review the conviction of German de Jesus Ventura and Kevin Garcia Fuentes for conspiracy to commit and commission of sex trafficking and related […]

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11Nov

Fourth Circuit Denies Forcible Antipsychotic Injection; Remand is Inappropriate.

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By Eric Jones On July 17, 2015, the Fourth Circuit issued a published opinion in the criminal case United States v. Watson.  John Watson, Jr. appealed to the Circuit asking that an order to forcibly medicate him with antipsychotics in order to render him competent to stand trial be reversed.  Because the government failed to […]

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10Nov

Fourth Circuit Rejects “Manager Rule” in Title VII Retaliation Suits

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By Eric Benedict On August 10, 2015, the Fourth Circuit Court of Appeals issued its published opinion in the civil case DeMasters v. Carilion Clinic. In DeMasters, the Fourth Circuit had to decide how to properly frame an employee’s conduct to determine whether it constituted ‘protected activity’ under Title VII of the Civil Rights Act of 1964 […]

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10Nov

Fourth Circuit Does Not Require a COA to Review Dismissal of a Mixed 60(b)/ § 2255 Motion

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By Elizabeth DeFrance On July 13, 2015 the Fourth Circuit issued a published opinion in the criminal case United States v. McRae.  The issue before the Court was whether the district court improperly categorized the appellant’s pro se motion as an impermissible successive habeas petition. However, the threshold issue was whether the Court was required […]

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