By Michael Mitchell Can the Central Intelligence Agency Be Held Liable for Discrimination in Hiring Decisions when the Plaintiff Has Exhausted His Administrative Options? In Doe v. Brennan, the Fourth Circuit considered whether the district court’s grant of summary judgment in favor of the Central Intelligence Agency (“CIA”) was reasonable in an employment discrimination claim. […]
By Rolf Garcia-Gallont At What Point During the Immigration Process Must a K-2 Visa Holder Be Under 21 Years Old to Be Eligible for Conditional Permanent Residence as a “Minor Child”? In Regis v. Holder, the Fourth Circuit denied a petition to review an order of the Board of Immigration Appeals (“BIA”). The Petitioner, Noel Regis, […]
By: Carson Smith Last Wednesday, the Fourth Circuit denied two separate petitions for review of removal orders, each of which addressed the question of whether an individual qualifies as a lawful permanent resident in the United States. In Chavez v. Holder, the Court upheld the Board of Immigration’s (BIA) decision to remove the plaintiff, a permanent […]
By: Patrick Southern Today, in United States v. Catone, the Fourth Circuit affirmed the defendant’s conviction for making false statements in connection with his receipt of federal workers’ compensation benefits. However, it reversed the decision of the District Court for the Western District of North Carolina with respect to the defendant’s jail sentence and restitution, deepening […]
By Taylor Ey On Thursday, October 9, 2014, the Fourth Circuit rendered its decision in United States v. Bennett, an appeal from the District Court for the Middle District of North Carolina. There were three issues on appeal: (1) whether the district court erred in accepting Defendant’s guilty plea, (2) whether the district court abused its discretion in […]
by Katharine Yale On October 10th in U.S. v. Stroud, the Fourth Circuit affirmed a judgment that revoked the defendant’s supervised release, ordered him to serve twenty-four months consecutively to any state sentence, and directed that he be given credit for the time that he was in federal detention prior to sentencing. Under a plain […]
By Marcus Fields Last Friday, in Chavez v. Holder, the Fourth Circuit denied a petition for review of a decision by the Board of Immigration Appeals (BIA) that found Ms. Chavez statutorily ineligible for cancellation of a removal order. The Court agreed with the BIA’s conclusion that Chavez could not establish the required seven years of […]
By Kelsey Kolb This past Friday, in United States v. McCrea, the Fourth Circuit affirmed the Western District of Virginia’s amended order of forfeiture, which included the defendant’s residence. In doing so, the Fourth Circuit found that the Government can seize a defendant’s residence to satisfy a money judgment against him, as a “substitute asset” […]
by David Darr Today, in United States v. Moore, the Fourth Circuit affirmed the District of Maryland’s judgment finding the Defendant guilty of drug trafficking, possession of a firearm in furtherance of drug trafficking, and possession of a firearm by a felon. The defendant, Corey A. Moore, appealed his conviction based on the District Court’s […]
By: Michael Klotz In United States v. David Carlton Norton, Jr., the defendant appealed his sentence of 180 months under the Armed Career Criminal Act, 18 U.S.C. § 924(e) (“ACCA”). The ACCA punishes an individual who is convicted of being a felon in possession of a firearm after three prior convictions for violent felonies or […]
By: Steven Franklin Today, in Perry v. Mail Contractors of America, Inc., the Fourth Circuit affirmed the Western District of North Carolina’s Order granting the Defendant’s Motion for Summary Judgment against a Title VII claim for wrongful termination. The Plaintiff, Craig Perry, a person of color, claimed that Mail Contractors of America, Inc. (MCA) terminated him from his […]
By Evelyn Norton Today, in Hutcherson v. Lim, the Fourth Circuit affirmed the decision of the United States District Court for the District of Maryland to deny Hutcherson’s motion for a new trial. In the District Court, Hutcherson sought relief for personal injuries sustained during a routine traffic stop. Specifically, Hutcherson alleged that Lim, a […]