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  • Commentaries
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4th Circuit Case Commentaries

Circumstantial Proof of Drug Knowledge and Strict Enforcement of Rogers: Commentary on United States v. Scott (4th Cir. 2025)

Circumstantial Proof of Drug Knowledge and Strict Enforcement of Rogers: Commentary on United States v. Scott (4th Cir. 2025)

Date: Nov 24, 2025
Circumstantial Proof of Drug Knowledge and Strict Enforcement of Rogers: Commentary on United States v. Scott (4th Cir. 2025) I. Introduction This commentary examines the Fourth Circuit’s unpublished...
Pleading Religious Objections and Defining Vaccination Status Under Federal Anti-Discrimination Law: Commentary on Finn v. Humane Society of the United States (4th Cir. 2025)

Pleading Religious Objections and Defining Vaccination Status Under Federal Anti-Discrimination Law: Commentary on Finn v. Humane Society of the United States (4th Cir. 2025)

Date: Nov 23, 2025
Pleading Religious Objections and Defining Vaccination Status Under Federal Anti‑Discrimination Law: A Commentary on Finn v. Humane Society of the United States (4th Cir. 2025) I. Introduction The...
Swink v. Southern Health Partners: Objective Deliberate Indifference, Monell Liability for Contracted Jail Healthcare, and Expert Causation

Swink v. Southern Health Partners: Objective Deliberate Indifference, Monell Liability for Contracted Jail Healthcare, and Expert Causation

Date: Nov 23, 2025
Swink v. Southern Health Partners: Objective Deliberate Indifference, Monell Liability for Contracted Jail Healthcare, and Expert Causation I. Introduction In Juliana Swink v. Southern Health...
When Statutory Review Schemes “Malfunction”: The Fourth Circuit’s New Functionality Overlay on Thunder Basin and CSRA Preclusion in Nat’l Ass’n of Immigration Judges v. Owen

When Statutory Review Schemes “Malfunction”: The Fourth Circuit’s New Functionality Overlay on Thunder Basin and CSRA Preclusion in Nat’l Ass’n of Immigration Judges v. Owen

Date: Nov 23, 2025
When Statutory Review Schemes “Malfunction”: The Fourth Circuit’s New Functionality Overlay on Thunder Basin and CSRA Preclusion in Nat’l Ass’n of Immigration Judges v. Owen I. Introduction This...
United States v. Robinson: Redressability, Mootness, and the Nonjurisdictional Character of AEDPA’s Second-or-Successive Bar

United States v. Robinson: Redressability, Mootness, and the Nonjurisdictional Character of AEDPA’s Second-or-Successive Bar

Date: Nov 23, 2025
United States v. Robinson: Redressability, Mootness, and the Nonjurisdictional Character of AEDPA’s Second-or-Successive Bar I. Introduction In United States v. Carlos Demond Robinson, No. 22‑7200...
Futility of Reporting and Ignored Evidence: The Fourth Circuit Strengthens “Unable or Unwilling” and CAT Acquiescence Standards in Ramos Marquez v. Bondi

Futility of Reporting and Ignored Evidence: The Fourth Circuit Strengthens “Unable or Unwilling” and CAT Acquiescence Standards in Ramos Marquez v. Bondi

Date: Nov 22, 2025
Futility of Reporting and Ignored Evidence: The Fourth Circuit Strengthens “Unable or Unwilling” and CAT Acquiescence Standards in Ramos Marquez v. Bondi I. Introduction In Carlos Andres Ramos...
Pleading “Reasonable Measures” Under the DTSA: Confidentiality Agreements as Sufficient at the Rule 12 Stage – Commentary on Samuel Sherbrooke Corporate, Ltd. v. Mayer

Pleading “Reasonable Measures” Under the DTSA: Confidentiality Agreements as Sufficient at the Rule 12 Stage – Commentary on Samuel Sherbrooke Corporate, Ltd. v. Mayer

Date: Nov 21, 2025
Pleading “Reasonable Measures” Under the DTSA: Confidentiality Agreements as Sufficient at the Rule 12 Stage Commentary on Samuel Sherbrooke Corporate, Ltd. v. Mayer, No. 24‑2173 (4th Cir. Nov. 18,...
Conspiracy, Relevant Conduct, and Supervised Release: The Fourth Circuit’s Framework for International Firearms Trafficking in United States v. Nji

Conspiracy, Relevant Conduct, and Supervised Release: The Fourth Circuit’s Framework for International Firearms Trafficking in United States v. Nji

Date: Nov 21, 2025
Conspiracy, Relevant Conduct, and Supervised Release: The Fourth Circuit’s Framework for International Firearms Trafficking in United States v. Nji I. Introduction In this consolidated appeal, the...
United States v. Palmer: Narrowing Rule 704(b) After Diaz and Rejecting Padilla-Based Collateral Attacks on State Pleas

United States v. Palmer: Narrowing Rule 704(b) After Diaz and Rejecting Padilla-Based Collateral Attacks on State Pleas

Date: Nov 21, 2025
United States v. Palmer: Narrowing Rule 704(b) After Diaz and Rejecting Padilla-Based Collateral Attacks on State Pleas I. Introduction In United States v. Gregory Maxwell Palmer, No. 23‑4538 (4th...
Only Pre‑Motion Delay Counts: Speedy Trial Act Clarification and Supervised‑Release Pronouncement in United States v. Lamborn

Only Pre‑Motion Delay Counts: Speedy Trial Act Clarification and Supervised‑Release Pronouncement in United States v. Lamborn

Date: Nov 21, 2025
Only Pre‑Motion Delay Counts: Speedy Trial Act Clarification and Supervised‑Release Pronouncement in United States v. Lamborn I. Introduction This published opinion of the United States Court of...
Freezing the Speedy Trial Act Clock at the Motion to Dismiss and Enforcing Oral Pronouncement of Supervised Release: Commentary on United States v. Le (4th Cir. 2025)

Freezing the Speedy Trial Act Clock at the Motion to Dismiss and Enforcing Oral Pronouncement of Supervised Release: Commentary on United States v. Le (4th Cir. 2025)

Date: Nov 21, 2025
Freezing the Speedy Trial Act Clock at the Motion to Dismiss and Enforcing Oral Pronouncement of Supervised Release: Commentary on United States v. Le (4th Cir. 2025) I. Introduction This commentary...
United States v. Lamborn (Tony Le): Fourth Circuit Adopts Motion‑Cutoff Rule for Speedy Trial Act and Confirms Non‑Retroactivity of the Acquitted‑Conduct Guideline Amendment

United States v. Lamborn (Tony Le): Fourth Circuit Adopts Motion‑Cutoff Rule for Speedy Trial Act and Confirms Non‑Retroactivity of the Acquitted‑Conduct Guideline Amendment

Date: Nov 21, 2025
United States v. Lamborn (Tony Le): Fourth Circuit Adopts Motion‑Cutoff Rule for Speedy Trial Act and Confirms Non‑Retroactivity of the Acquitted‑Conduct Guideline Amendment I. Introduction This...
Relevant Conduct, Willful Blindness, and Supervised Release Conditions in Firearms Conspiracies: United States v. Wilson Che Fonguh (4th Cir. 2025)

Relevant Conduct, Willful Blindness, and Supervised Release Conditions in Firearms Conspiracies: United States v. Wilson Che Fonguh (4th Cir. 2025)

Date: Nov 21, 2025
Relevant Conduct, Willful Blindness, and Supervised Release Conditions in Firearms Conspiracies: United States v. Wilson Che Fonguh (4th Cir. 2025) I. Introduction The Fourth Circuit’s published...
United States v. Tita: Circumstantial Knowledge, Pinkerton Liability, and Supervised Release Conditions in a Firearms Smuggling Conspiracy

United States v. Tita: Circumstantial Knowledge, Pinkerton Liability, and Supervised Release Conditions in a Firearms Smuggling Conspiracy

Date: Nov 21, 2025
United States v. Tita: Circumstantial Knowledge, Pinkerton Liability, and Supervised Release Conditions in a Firearms Smuggling Conspiracy I. Introduction In United States v. Tita (consolidated with...
United States v. Yoo: Limiting Speedy Trial Act Dismissals to Pre‑Motion Delay and Enforcing Oral Pronouncement of Supervised Release Conditions

United States v. Yoo: Limiting Speedy Trial Act Dismissals to Pre‑Motion Delay and Enforcing Oral Pronouncement of Supervised Release Conditions

Date: Nov 21, 2025
United States v. Yoo: Limiting Speedy Trial Act Dismissals to Pre‑Motion Delay and Enforcing Oral Pronouncement of Supervised Release Conditions I. Introduction The Fourth Circuit’s published...
Self‑Executing Voluntary Dismissals Under Rule 41(a)(1)(A)(i): 
         Converting a “Motion to Dismiss Without Prejudice” into a Notice in 
         Connelly v. Daystar Builders, Inc.

Self‑Executing Voluntary Dismissals Under Rule 41(a)(1)(A)(i): Converting a “Motion to Dismiss Without Prejudice” into a Notice in Connelly v. Daystar Builders, Inc.

Date: Nov 20, 2025
Self‑Executing Voluntary Dismissals Under Rule 41(a)(1)(A)(i): Converting a “Motion to Dismiss Without Prejudice” into a Notice in Connelly v. Daystar Builders, Inc. I. Introduction In Robert D....
United States v. Henderson: Supplemental Safety‑Valve Briefing as Good Cause for Late Guideline Objections and the Evidentiary Threshold for Firearm Enhancements

United States v. Henderson: Supplemental Safety‑Valve Briefing as Good Cause for Late Guideline Objections and the Evidentiary Threshold for Firearm Enhancements

Date: Nov 20, 2025
United States v. Henderson: Supplemental Safety‑Valve Briefing as Good Cause for Late Guideline Objections and the Evidentiary Threshold for Firearm Enhancements I. Introduction United States v....
No Rule 11 Duty to Warn That Criminal Forfeiture Can Exceed the Statutory Maximum Fine; Broad Appeal Waivers Encompass Forfeiture Challenges

No Rule 11 Duty to Warn That Criminal Forfeiture Can Exceed the Statutory Maximum Fine; Broad Appeal Waivers Encompass Forfeiture Challenges

Date: Nov 18, 2025
No Rule 11 Duty to Warn That Criminal Forfeiture Can Exceed the Statutory Maximum Fine; Broad Appeal Waivers Encompass Forfeiture Challenges Introduction In United States v. Shawn Johnson, Nos....
Forfeiture Is Not a “Fine” for Rule 11 Purposes: Fourth Circuit Upholds Plea Advisements, Enforces Appeal Waiver Over Forfeiture, and Reaffirms Bar on As‑Applied § 922(g)(1) Challenges

Forfeiture Is Not a “Fine” for Rule 11 Purposes: Fourth Circuit Upholds Plea Advisements, Enforces Appeal Waiver Over Forfeiture, and Reaffirms Bar on As‑Applied § 922(g)(1) Challenges

Date: Nov 18, 2025
Forfeiture Is Not a “Fine” for Rule 11 Purposes: Fourth Circuit Upholds Plea Advisements, Enforces Appeal Waiver Over Forfeiture, and Reaffirms Bar on As‑Applied § 922(g)(1) Challenges Introduction...
Forfeiture Is Not a “Fine” for Rule 11 Purposes: The Fourth Circuit Clarifies Plea Colloquy Advisements and Appeal-Waiver Limits in United States v. Johnson

Forfeiture Is Not a “Fine” for Rule 11 Purposes: The Fourth Circuit Clarifies Plea Colloquy Advisements and Appeal-Waiver Limits in United States v. Johnson

Date: Nov 18, 2025
Forfeiture Is Not a “Fine” for Rule 11 Purposes: The Fourth Circuit Clarifies Plea Colloquy Advisements and Appeal-Waiver Limits in United States v. Johnson Court: United States Court of Appeals for...
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