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Tag Archives: statutory

Criminal Practice – No Sentence Reduction for Crack Cocaine (access required)

U.S. v. Black A defendant’s 120-month sentence for conspiracy to traffic in crack cocaine cannot be reduced to 60 months under the Fair Sentencing Act, which became effective after defendant was sentenced; defendant’s motion under 18 U.S.C. § 3582(c)(2) is not a vehicle to apply the reduced minimum sentence under the FSA to defendant, the 4th Circuit says.

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Workers’ Compensation – Medical Expenses – Home Health Care – Family Member – Pre-Approval Unnecessary – Within Reasonable Time (access required)

Mehaffey v. Burger King G.S. § 97-26(a) says the Industrial Commission’s Medical Fee Schedule “shall … ensure that … providers are reimbursed reasonable fees for” their services; as a result, the Commission exceeded its authority when it required written pre-approval by the Commission for practical nursing services that are provided by an injured worker’s family members.

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