File-sharing conviction qualifies as crime of child abuse under immigration law
The 4th U.S. Circuit Court of Appeals held that a New Jersey conviction for knowingly maintaining child sexual abuse material on a file-sharing network categorically qualifies as a removable crime […]
Sentencing enhancement vacated for lack of predicate felony findings
The 4th U.S. Circuit Court of Appeals affirmed a felon-in-possession conviction but vacated the defendant’s 100-month sentence, holding that the district court failed to identify or make the factual […]
Fraud claims against hospital revived in surgery dispute
The 4th U.S. Circuit Court of Appeals held that a district court applied the wrong statute of limitations when it dismissed fraud and conspiracy claims arising from a hospital’s alleged […]
Labor & Employment – Employee Pension Benefit Plan – Long-Term Incentive Compensation Program
Merrill Lynch’s WealthChoice Award program does not qualify as an “employee pension benefit plan” under the Employee Retirement Income Security Act of 1974 (ERISA). We affirmed summary judgment in favor […]
Criminal Practice – Sentencing Range – Unambiguous Guideline Text
We rejected both a constitutional challenge to 18 U.S.C. § 922(g)(1) and a claim that the district court miscalculated the defendant’s sentencing range under the U.S. Sentencing Guidelines We affirmed […]
Sentencing enhancement vacated for Virginia firearm conviction
The 4th U.S. Circuit Court of Appeals vacated a felon-in-possession defendant’s sentence after concluding that a prior Virginia conviction for using a firearm during a robbery was improperly treated as […]
Environmental group failed to show irreparable harm from PFAS discharges
The 4th U.S. Circuit Court of Appeals vacated a preliminary injunction that barred a chemical manufacturer from discharging a PFAS compound in excess of limits contained in its Clean Water […]
Sentencing enhancement vacated for lack of firearm findings
The 4th U.S. Circuit Court of Appeals vacated a felon-in-possession defendant’s 84-month sentence, holding that the district court failed to make the factual findings necessary to support a homicide-related […]
Fabrication claims revived in wrongful conviction lawsuit
The 4th U.S. Circuit Court of Appeals revived fabrication-of-evidence claims brought by two men whose murder conspiracy convictions were vacated more than 20 years after they were sentenced […]
Excessive force allegations against officers survive dismissal
A plaintiff sufficiently alleged a Fourth Amendment excessive force claim where he asserted that officers slammed him to the ground, fractured his arm and applied pressure to his throat during […]
Erroneous refund interest may support innocent spouse relief
A taxpayer may seek equitable innocent spouse relief for obligations arising from an erroneous refund of underpayment interest because those obligations can constitute “unpaid tax” under the Internal Revenue […]
Labor & Employment – ‘Qualified Individual’ Under the ADA – Reasonable Accommodation
Defendant was not a “qualified individual” under the ADA because his medical restrictions prevented him from performing the essential functions of his job with or without reasonable accommodation. We affirmed […]
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