North Carolina Lawyers Weekly

Where the defendant obtained and intended to use unregistered silencers to facilitate an attack on a federal building, the district court did not err in imposing a sentence enhancement for committing a felony that involved, or was intended to promote, ...

Although there is a “virtual consensus” in the federal circuits in holding that § 2255 provides no avenue to challenge a restitution order, because the challenge here also questioned the term of confinement, that claim was cognizable under § 2255. ...

Where the amount proposed by the government as compensation for land near a Marine Corp Air Station was closer to the amount awarded by the court than the sum requested by the landowners, the landowners were not entitled to recover ...

Where a woman who had been associated with former Trump National Security Advisor Michael Flynn brought defamation claims against several media organizations claiming a conspiracy to defame and injure her, neither linking to the original article via a hyperlink nor ...

Where the Board of Immigration Appeals impermissibly conflated the particularity requirement with the social distinction requirement in the case of an El Salvadoran man seeking to avoid deportation on account of membership in the “former Salvadoran MS-13 members,” its determination ...

Where the sentencing guidelines allow for a reduction if a defendant’s conduct was “limited to the receipt or solicitation of material involving the sexual exploitation of a minor,” the defendant was ineligible because he distributed child pornography by making it ...

Where the defendant who pleaded to knowingly possessing a stolen firearm argued he was seized by the police because he acquiesced to their show of authority, but the record showed he selectively chose which questions to answer and which to ...

Where a medical practice and a member physician agreed that an arbitrator’s decision “shall be final and conclusive and enforceable in any court of competent jurisdiction without any right of judicial review or appeal,” the waiver was enforceable. Background Beckley ...

Where an employee of the Drug Enforcement Administration was terminated because he refused to participate in a DEA internal investigation, not because of his Coast Guard service, his claims under the Uniformed Services Employment and Reemployment Rights Act of 1994, ...

Where an agent of the defendant changed material terms in a contract that were never agreed to by the plaintiffs, there was no binding contract and the defendant could not enforce the arbitration clause in the agreement. Background Sandeva “Sandy” ...