Bracamontes v. Holder Section 212(h) of the Immigration and Nationality Act does not bar an alien who adjusts his status post-entry to lawful permanent resident from seeking a waiver of inadmissibility, and the 4th Circuit grants a petition filed by this married father of three, who obtained lawful resident status prior to his felony conviction and marriage to a U.S. citizen, vacates the order of removal, and remands the case to the Board of Immigration Appeals.

Tagged with: Administrative immigration Vacated

State v. Whitehead Where defendant committed second-degree murder on Aug. 25, 1993, he was properly sentenced under the Fair Sentencing Act. The trial court erred when, on a motion for appropriate relief, it re-sentenced defendant under the Structured Sentencing Act.

Tagged with: Criminal Practice MAR Vacated

Behrmann v. National Heritage Foundation Although debtor foundation says this appeal is equitably moot as debtor has consummated its confirmed reorganization plan by distributing $20 million in estate assets, the 4th Circuit vacates the lower court order confirming the Chapter 11 plan that approved nondebtor release, injunction and exculpation provisions and remands the case for further proceedings. We consider in this case the circumstances under which a bankruptcy court may approve nondebtor release, injunction and exculpation provisions as part of a final plan of reorganization under Chapter 11 of the Bankruptcy Code.

Tagged with: Bankruptcy Vacated

State v. Rico Even though the parties’ plea agreement included a sentence in the aggravated range, defendant’s original aggravated sentence was invalid as a matter of law because the trial judge imposed the sentence simply because it was called for by the plea agreement. The judge failed to make any findings as to aggravating factors and failed to exercise his discretion in determining whether an aggravated sentence was appropriate, as required by the Structured Sentencing Act. The judgment against defendant is vacated and remanded.

Tagged with: Aggravating Factors Criminal Practice Guilty Plea restitution Vacated

U.S. v. Vann The en banc 4th Circuit vacates a 15-year sentence under the Armed Career Criminal Act, imposed on a defendant who pleaded guilty to handgun possession, as the per curiam majority finds it cannot determine from state court charging documents that defendant was convicted under subsection (a)(2) of North Carolina’s Indecent Liberties Statute.

Tagged with: ACCA Criminal Practice Indecent Liberties sentencing Vacated

State v. Oliver. (Lawyers Weekly No. 11-07-0346, 21 pp.) (Wanda G. Bryant, J.) Appealed from Cleveland County Superior Court. (James W. Morgan, J.) N.C. App. Click here for the full text of the opinion. Holding: The testimony of the victim ...

Tagged with: Cleveland County Criminal Practice evidence Indecent Liberties Prior Bad Acts Satellite-Based Monitoring Sexual Offense Vacated