17Mar

Fourth Circuit Determines “Loss Recovery Statute” Does Not Include Virtual Currency

By Kelsey Mellan On March 17, 2017, the Fourth Circuit issued a published opinion in Mason v. Machine Zone, Inc. a civil appeal of the district court’s dismissal of a Loss Recovery Statute claim. Plaintiff Mia Mason filed a class action complaint against Machine Zone, Inc. (“Machine Zone”), the developer of a mobile game entitled […]

Tags: Civil Law Gambling Maryland statutory law Remedies

16Mar

Fourth Circuit Clarifies Definition of “Travel in Foreign Commerce” in Sex Offense Case

Categories: 4th Cir. Blog Archive Criminal Cases

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By Sophia Blair On January 4, 2017, the Fourth Circuit published a criminal case, United States v. Schmidt. Richard Schmidt (“Schmidt”) originally pled guilty to traveling in foreign commerce and engaging in illicit sexual conduct in violation of 18 U.S.C. § 2423(c). However, claiming ineffective counsel, Schmidt argued that he did not, as a matter of […]

Tags: 18 U.S.C. § 2423 criminal foreign commerce illicit sexual conduct statutory interpretation

16Mar

Fourth Circuit Considers Scope of FCA’s First-to-File Rule

Categories: 4th Cir. Blog Archive Civil Cases

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By Mickey Herman On Thursday, March 16, 2017, the Fourth Circuit issued a published opinion in United States ex rel. Carson v. Manor Care, Inc., a civil case. Plaintiff-appellant, Patrick Carson, on behalf of the United States, appealed the dismissal of his False Claims Act (“FCA” or “Act”) qui tam and retaliation claims as well […]

Tags: Civil False Claims Act FCA motion to dismiss Retaliation

16Mar

Fourth Circuit Affirms North Carolina Statute Constitutes a State Law Relating to the Sexual Exploitation of Children

Categories: 4th Cir. Blog Archive Criminal Cases

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By Katie Baiocchi On March 15, 2017, the Fourth Circuit issued a public opinion in the criminal case of United States v. Mills. In Mills, the Fourth Circuit addressed the question of whether the district court erred in concluding that taking indecent liberties with children constitutes a state crime relating to the sexual exploitation of […]

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15Mar

Fourth Circuit Affirms Consideration of Defendant’s Self-Incriminating Statements

Categories: 4th Cir. Blog Archive

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By Ali Fenno On March 13, 2017, the Fourth Circuit issued a published opinion in the criminal case of United States v. Lara. In Lara, the Fourth Circuit addressed whether the district court violated the psychotherapist-patient privilege and the Fifth Amendment privilege against self-incrimination when, during a sentencing hearing, it considered statements the defendant, Juan […]

Tags: Criminal Law Fifth Amendment Privilege Probation Sentencing Sex Offenses

13Mar

Fourth Circuit Holds the Virginia Crime of Common Law Robbery is Not a Violent Felony for Federal Sentencing Purposes

Categories: 4th Cir. Blog Archive Criminal Cases

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By John Van Swearingen On March 13, 2017, the Fourth Circuit issued a published opinion in the criminal case United States v. Winston. Robert Winston (“Appellant”), currently serving a 275-month sentence for a federal firearms charge from 2002, filed a motion for post-conviction relief under 28 U.S.C. § 2255 (2012) in the United States District […]

Tags: Armed Career Criminal Act Common Law Robbery Enhanced sentencing Federal Sentencing Felony force Fourth Circuit Physical Force Sentencing Sentencing Enhancement Violent Felony Violent Force Virginia

1Mar

Fourth Circuit Affirms Juror’s Ambiguous Statement Insufficient to Demonstrate Ineffective Assistance of Counsel

Categories: 4th Cir. Blog Archive Criminal Cases

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By M. Allie Clayton Today, in the criminal case of United States v. Powell, a published opinion, the Fourth Circuit affirmed the District Court in holding that a juror’s statement of “everything would be alright” and that the father needed to give his son “a good kick in the butt” was too ambiguous to establish […]

Tags: Criminal Law Ineffective Assistance Ineffective Assistance of Counsel Sixth Amendment

28Feb

Fourth Circuit Joins Other Circuit Decisions Regarding “Second-in-Time” Habeas Petitions

Categories: 4th Cir. Blog Archive

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By Kelsey Hyde Today, the Fourth Circuit issued a published opinion, In re William Robert Gray, Jr., deciding on a motion for authorization to file a second or successive application for a writ of habeas corpus. The movant (“Gray”) had sought the Court’s approval to file a second petition under 28 U.S.C. § 2254, as […]

Tags: AEDPA Antiterrorism and effective Death Penalty Act Criminal Law habeas corpus resentencing Sentencing successive petitions

27Feb

Fourth Circuit Affirms Conviction for Mine Health and Safety Violations

Categories: 4th Cir. Blog Archive Criminal Cases

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By: Kristina Wilson On Thursday, January 19, 2017, the Fourth Circuit issued a published opinion in the criminal case United States v. Blankenship. The Fourth Circuit affirmed the defendant’s conviction for federal mine safety laws and regulations and held that the District Court committed no reversible error. The defendant raises four arguments on appeal. Facts […]

Tags: criminal Criminal Law The Federal Mine Safety and Health Act of 1977

24Feb

Fourth Circuit Denies Federal Jurisdiction Under Tax Injunction Act Despite Artful Pleading

Categories: 4th Cir. Blog Archive Civil Cases

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By Sophia Blair On January 24, 2017, the Fourth Circuit published Gwozdz v. Healthport Tech., LLC, a civil case. Lawrence Gwozdz (“Gwozdz”) requested his wife’s medical records from several Maryland Hospitals. Before releasing those documents to him, the hospitals, through their contractor Healthport Technologies, LLC (“Healthport”), sent him invoices demanding $23 in sales tax. Though he […]

Tags: federal jurisdiction Maryland remand Tax Injunction Act TIA

23Feb

Fourth Circuit Remands Deaf Prisoner’s Claims that Prison Failed to Accommodate

Categories: 4th Cir. Blog Criminal Cases

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By Mike Stephens On Thursday, February 23, 2017, the Fourth Circuit issued a published opinion in Heyer v. U.S. Bureau of Prisons. Appellant, Thomas Heyer, brought several claims against the United States Bureau of Prisons (BOP) for failing to accommodate his deafness. After reviewing the district court’s grant of summary judgment in favor of BOP, the Fourth […]

Tags: civil custody Fifth Amendment First Amendment Summary Judgment Turner v. Safley

23Feb

Fourth Circuit Upholds Traffic Stop as Constitutional Under the Fourth Amendment

Categories: 4th Cir. Blog Criminal Cases

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By Kelsey Mellan On February 23, 2017, the Fourth Circuit issued a published opinion in United States v. Hill, a criminal appeal on behalf of two defendants. Defendant-Appellants Darren Hill (“Hill”) and Lloyd Dodwell (“Dodwell”) appealed the Western District of North Carolina’s denial of their motion to suppress evidence pertaining to an allegedly unconstitutional […]

Tags: Constitutional Law Criminal Law Fourth Amendment search and seizure

Fourth Circuit Determines “Loss Recovery Statute” Does Not Include Virtual Currency

Fourth Circuit Clarifies Definition of “Travel in Foreign Commerce” in Sex Offense Case

Fourth Circuit Considers Scope of FCA’s First-to-File Rule

Fourth Circuit Affirms North Carolina Statute Constitutes a State Law Relating to the Sexual Exploitation of Children

Fourth Circuit Affirms Consideration of Defendant’s Self-Incriminating Statements

Fourth Circuit Holds the Virginia Crime of Common Law Robbery is Not a Violent Felony for Federal Sentencing Purposes

Fourth Circuit Affirms Juror’s Ambiguous Statement Insufficient to Demonstrate Ineffective Assistance of Counsel

Fourth Circuit Joins Other Circuit Decisions Regarding “Second-in-Time” Habeas Petitions

Fourth Circuit Affirms Conviction for Mine Health and Safety Violations

Fourth Circuit Denies Federal Jurisdiction Under Tax Injunction Act Despite Artful Pleading

Fourth Circuit Remands Deaf Prisoner’s Claims that Prison Failed to Accommodate

Fourth Circuit Upholds Traffic Stop as Constitutional Under the Fourth Amendment

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