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Tag Archives: Criminal

Criminal – Sentencing – ACCA – B&Es – Violent Felonies (access required)

U.S. v. Foster The 4th Circuit denies rehearing en banc in this case in which the panel majority held that a defendant’s prior convictions for breaking and entering “Corner Market” and the “Sunrise-Sunset Restaurant” under Virginia’s non-generic burglary statute qualify as violent felonies under the Armed Career Criminal Act, and remanded for resentencing.

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Criminal – Supervised Release Hearing — Evidence – Hearsay – Crime Lab Report – Chemist’s Failure to Appear (access required)

U.S. v. Doswell A district court that admitted and relied on hearsay evidence of defendant’s state-court heroin charge, nolle prossed after the chemist who authored the crime lab report failed to appear in state court, violated Rule 32.1, and the 4th Circuit vacates the district court order revoking defendant’s supervised release for an earlier robbery conviction.

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Criminal – Sentencing – Appeals – Guilty Plea – ‘Any Sentence’ – Waiver (access required)

U.S. v. Thornsbury A convicted felon pleading guilty to possession of ammunition, who waived his right to appeal “any sentence,” cannot seek to have his sentence on the firearm charge reduced in light of his assistance to the government in prosecuting an unrelated case, and the 4th Circuit dismisses this appeal of the district court’s denial of the government’s motion for a sentence reduction pursuant to Fed. Rule Crim. P. 35(b).

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Criminal – Sex Abuse – Venue – Air Force – Japanese Base – Statements to Investigators (access required)

U.S. v. Holmes A defendant convicted of aggravated sexual abuse of a child for twice forcing his stepdaughter, under age 9, to perform oral sex on him during a time defendant was stationed in Japan with the Air Force, has his convictions affirmed by the 4th Circuit despite his challenge to venue and claim that his statements to investigators should have been excluded.

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Criminal – Sentencing – ‘Crime of Violence’ – Pointing a Gun (access required)

U.S. v. King The 4th Circuit upholds a 96-month sentence on defendant’s conviction of possession of a firearm as a convicted felon; the sentencing court did not err in enhancing defendant’s sentence for his prior “crime of violence” for pointing and presenting a firearm, and in treating his sentence after an Alford plea to involuntary manslaughter as a “prior sentence” under federal sentencing guidelines.

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