Wake Forest Law Review

11Nov

Fourth Circuit Upholds Sentencing Enhancement in Conspiracy to Possess Counterfeit and Identity Theft Case

Categories: 4th Cir. Blog
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By Taylor Ey Last Friday, November 7th, the Fourth Circuit issued its opinion in United States v. Mendez affirming the sentencing decision of the District Court for the Middle District of North Carolina. Appellants Mendez, Suarez, and Rodriguez pled guilty to conspiracy to possess counterfeit access devices. Appellant Mendez also pled guilty to aggravated identity theft.  Mendez […]

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11Nov

Fourth Circuit Affirms Sentence Under Two-Step Standard of Review

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By: Katharine Yale Yesterday in United States v. Naumann, the Fourth Circuit affirmed the sentence of a defendant who pled guilty to failure to register under the Sex Offender Registration and Notification Act. The district court sentenced him to a thirty-five month sentence, a sentence within the Guidelines, and also to an above-Guidelines term of […]

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11Nov

Fourth Circuit Affirms Carjacking Conviction

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By: Kelsey Kolb Today, in United States v. Davis, the Fourth Circuit affirmed by unpublished per curiam opinion the District Court for the Middle District of North Carolina’s admission of portions of one witness’ testimony and its entering of the jury’s guilty verdict. Davis was convicted of carjacking and of carrying and using by brandishing […]

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10Nov

Specific Intent Jury Instruction Precludes Need for Good Faith Jury Instruction

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By Marcus Fields Is a Good Faith Jury Instruction Required if a Court has Already Given an Adequate Specific Intent Instruction? Today in United States v. McCants, the Fourth Circuit made clear that it is within the discretion of a district court to refuse to give a good faith jury instruction as long as it […]

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10Nov

Search and Stop Are Proper with a Reasonable Suspicion

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by David Darr On Friday, in United States v. Walker, an unpublished per curium opinion, the Fourth Circuit affirmed the decision of the District of Maryland to deny the defendant’s motion to suppress evidence. The court held that police had a reasonable suspicion to both arrest and search the defendant. Was Arrest and Search Proper? […]

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7Nov

Conviction Vacated? No Problem, You Still Get the Same Sentence

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By: Michael Klotz In United States v. Groves, the Fourth Circuit affirmed that a district court has the authority to vacate a conviction without altering a defendant’s criminal sentence or ordering a new sentencing hearing, even when the court fails to acknowledge its authority to require a new sentencing hearing in its order. Facts and […]

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6Nov

Summary Judgment on Business Conspiracy and Breach of Contract Claims Affirmed

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By Evelyn Norton Did the District Court Err in Granting Summary Judgment in Defendants’ Favor? Today, in Rogers v. Deane, the Fourth Circuit affirmed the decision of the District Court for the Eastern District of Virginia granting summary judgment in the Defendant’s favor.  Plaintiff-Appellant Edwina Rogers argued that the district court erred in granting summary […]

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6Nov

Defendant Must Provide Restitution to Victim of Child Pornography

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By: Steven M. Franklin Yesterday, in U.S. v. Borowski, the District Court for the Eastern District of North Carolina upheld a restitution order for a victim of child pornography pursuant to 18 U.S.C. §§ 3663 and 3663A. Defendant Pleads Guilty to Child Pornography and Signs Appeal Waiver The defendant, Matthew Paul Borowski, pled guilty to […]

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5Nov

Float On – Chattooga River Management Plan Affirmed

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By: Andrew Kilpinen Today in American Whitewater v. Thomas Tidwell, the 4th Circuit affirmed the decision of the district court for the District of South Carolina that rejected challenges to the Forest Service’s revised management plan that allowed “floating” on a 21-mile stretch of the Chattooga River.  2012 Forest Service Management Plan Opened Portion of […]

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5Nov

Fourth Circuit Affirms Accord of Comity to German Court’s Decision

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By Joshua P. Bussen Today, in Smedley v. Smedley, the Fourth Circuit affirmed a decision by the Eastern District of North Carolina to accord comity to a German appellate court decision. In doing so it allowed a mother to return back to Germany with her children.  Defendant Claims German Court Was Incorrect The defendant raised […]

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4Nov

No Misconduct in Drug Sentencing

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By: Caroline Daniel The Fourth Circuit affirmed Defendant Rocci Wade’s convictions for conspiracy to possess with the intent to distribute oxycodone and distribution of oxycodone in United States v. Wade, an unpublished opinion released today. Wade Alleged Prosecutorial Misconduct and a Violation of Due Process In his appeal, Wade alleged two counts of prosecutorial misconduct based […]

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4Nov

Repeated Violent Offenses Add Up to Thirty-Seven Months for Illegal Immigrant

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By Chad M. Zimlich Today, in the criminal case United States v. Avila, the Fourth Circuit considered the question of whether it was proper for the district court to have used a prior felony conviction from California in increasing the sentencing of Mario Vasquez Avila to thirty-seven months in prison for illegal reentry following an aggravated […]

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