Wake Forest Law Review

20Nov

Distribution of Heroin Conviction and Sentence Affirmed

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By Evelyn Norton Today in an unpublished opinion, United States v. Yancey, the Fourth Circuit affirmed a decision of the United States District Court for the Eastern District of North Carolina convicting and sentencing Mr. Tyrone Yancey to eighty-seven months in prison.  In district court, Mr. Yancey plead guilty to distributing heroin.  On appeal, Mr. […]

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19Nov

4th Circuit Affirms Contract Dispute Judgment

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By: Andrew Kilpinen In an unpublished opinion today, the 4th Circuit affirmed the district court’s judgment in MidAtlantic Inter. Inc., v. AGC Flat Glass North America, Inc. The Court concluded that the district court correctly interpreted the contract at issue, appropriately shifted the burden of proof, and provided a fair trial. In 2011, MidAtlantic International, […]

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19Nov

Fourth Circuit Finds Sentence for Illegal Reentry Reasonable

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By Joshua P. Bussen Today, in US v. Tapia-Martinez, the Fourth Circuit released an unpublished opinion affirming a sentence by the Eastern District of North Carolina.  The defendant, Mr. Tapia-Martinez, appealed a three-year sentence set down by the E.D.N.C after he plead guilty to a charge of illegal reentry of an aggravated felon. Is a […]

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18Nov

New Legal Consequences Prevent Stop-Time Rule From Retroactive Application

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By: Caroline Daniel In Jaghoori v. Holder, a published opinion released today, the Fourth Circuit granted Abdul Azim Jaghoori’s petition for review and ultimately remanded the case back to the Board of Immigration Appeals (“BIA”) for further proceedings. Review Granted to Determine if Stop-Time Rule Applies Retroactively Petitioner Abdul Azim Jaghoori appealed the BIA’s denial of his […]

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18Nov

Clever Drafting Doesn’t Open the Door to Federal Court

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By Chad M. Zimlich The Fourth Circuit handed down a ruling today, in Martin v. Wood, on an interlocutory appeal from a district court decision denying sovereign immunity to two supervisors at Eastern State Hospital, a state-run hospital in Williamsburg, Virginia. The case was based on alleged violations of the Fair Labor Standards Act of […]

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18Nov

Vacant Rental Property Involved in Interstate Commerce

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By: Dan Menken Today, in United States v. White, the Fourth Circuit affirmed the conviction of Michael L. White for conspiracy to commit arson and mail fraud; aiding and abetting arson; and accessory after the facto arson. On appeal, White raised two challenges to the sufficiency of the evidence. First, White argued that the government […]

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17Nov

Fourth Circuit Upholds Waiver Of Right to Appeal Sentence Despite New Supreme Court Precedent

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By: Diana C. Castro Today, in a published opinion, the Fourth Circuit Court of Appeals affirmed the District Court’s decision upholding a waiver to appeal a mandatory minimum sentence based on new United States Supreme Court precedent. Defendant committed Armed Robbery at a Family Dollar Store and Subsequently Accepted a Plea Agreement. Security cameras at […]

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14Nov

Legality of Strip Searches for Defendants In Holding Cells

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By: Kaitlin Price In Cantley v. West Virginia Regional Jail and Correctional Facility Authority, the Fourth Circuit affirmed the district court’s ruling granting Defendants summary judgment, but on alternate grounds. Plaintiffs Michael Cantely and Floyd Teter sued the West Virginia Regional Jail and Correctional Facility Authority under 42 U.S.C. § 1983 for damages and equitable […]

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14Nov

Qualified Immunity for Detention Officers Conducting Strip Searches

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By: Lauren Durr Emery Are Corrections Officers Entitled to Qualified Immunity from Suits Involving Strip Searches of Arrestees not Charged in Crimes Involving Weapons, Drugs, or Felony Violence? In Dana West v. Susan Murphy, the Fourth Circuit heard a challenge regarding the constitutionality of strip searches of arrestees at Baltimore Central Intake and Booking Center. […]

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13Nov

Enhanced Child Pornography Sentence Survives Constitutional Challenge

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By Michael Mitchell Does Increased Sentencing for Crime Against “Vulnerable Victims” Violate the Eighth Amendment’s Prohibition of Cruel and Unusual Punishment? Today, in United States v. Dowell, the Fourth Circuit considered whether the district court’s increased sentence for the Defendant under the “vulnerable victim” standard was appropriate when an upward adjustment was already made based […]

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13Nov

Material Breach of Plea Agreement by Defendant Relieves the Government of its Obligations

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By: Rolf Garcia-Gallont Today, in United States v. King, the Fourth Circuit affirmed by unpublished per curiam opinion the sentences against Donnie King, Sr., (“Mr. King”) and Lou Wells King (“Mrs. King) for making materially false and fraudulent misrepresentations in relation to their Chapter 11 bankruptcy proceeding. On appeal, the Kings contended that (1) the […]

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12Nov

Defendant Denied on Appeal of Two Motions and an Admission

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By: Carson Smith Today, in United States v. Mormon, an unpublished opinion, the Fourth Circuit affirmed the district court’s conviction of defendant, Kevin Mormon. The District of Maryland convicted the defendant of “conspiracy to distribute and possess with intent to distribute 280 grams or more of cocaine base, in violation of 21 U.S.C. § 846.” On […]

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