4th Circuit Case Commentaries

Clarifying Cross-Reference Applicability in Sentencing Guidelines: Horton v. United States

Date: Aug 31, 2012

Clarifying Cross-Reference Applicability in Sentencing Guidelines: Horton v. United States Introduction United States of America v. Timothy Tyrone Horton, 693 F.3d 463 (4th Cir. 2012), is a pivotal...

Affirmation Upholds Strict Twombly/Iqbal Pleading Standards in §1983 Police Misconduct Case

Date: Aug 25, 2012

Affirmation Upholds Strict Twombly/Iqbal Pleading Standards in §1983 Police Misconduct Case Introduction The case of John Cook, III, et al. v. Raymond A. Howard, et al. presents a significant...

Procedural Nature of Carachuri–Rosendo v. Holder and Its Impact on Retroactivity under 28 U.S.C. §2255

Date: Aug 21, 2012

Procedural Nature of Carachuri–Rosendo v. Holder and Its Impact on Retroactivity under 28 U.S.C. §2255 Introduction The case of United States of America v. Troy Naman Powell (691 F.3d 554)...

Plain View Doctrine and DNA Profiling: Implications of United States v. Davis in Fourth Amendment Jurisprudence

Date: Aug 17, 2012

Plain View Doctrine and DNA Profiling: Implications of United States v. Davis in Fourth Amendment Jurisprudence Introduction United States v. Earl Whittley Davis is a pivotal case adjudicated by the...

Custodial Implications of Sex Offender Registration: Wilson v. Flaherty Decision Analysis

Date: Aug 16, 2012

Custodial Implications of Sex Offender Registration: Wilson v. Flaherty Decision Analysis Introduction In the landmark case Wilson v. Flaherty (689 F.3d 332, 4th Cir. 2012), the United States Court...

Fourth Circuit Sets Precedents on Anonymous Juries and Forfeiture-by-Wrongdoing in Organized Crime Cases

Date: Aug 15, 2012

Fourth Circuit Sets Precedents on Anonymous Juries and Forfeiture-by-Wrongdoing in Organized Crime Cases Introduction In the landmark case of UNITED STATES of America v. James Dinkins, a/k/a Miami...

Clarifying the Modified Categorical Approach: Indivisible Statutes and 'Crime of Violence' Determinations in Sentencing Enhancements

Date: Aug 11, 2012

Fourth Circuit Restricts Modified Categorical Approach to Divisible Statutes in 'Crime of Violence' Enhancements Introduction In the case of United States of America v. Mirna Del Carmen Gomez, the...

Affirmation of Qualified Immunity in Fourth Circuit: The Durham v. Horner Decision

Date: Aug 9, 2012

Affirmation of Qualified Immunity in Fourth Circuit: The Durham v. Horner Decision Introduction In Durham v. Horner, 690 F.3d 183 (4th Cir. 2012), the United States Court of Appeals for the Fourth...

4th Circuit Establishes Enhanced Scrutiny for Schlup Gateway Innocence Claims in Habeas Corpus Petitions

Date: Aug 3, 2012

4th Circuit Establishes Enhanced Scrutiny for Schlup Gateway Innocence Claims in Habeas Corpus Petitions Introduction In Ivan Teleguz v. Warden, Sussex I State Prison, 689 F.3d 322 (4th Cir. 2012),...

Affirmation of Mandatory Life Imprisonment under 18 U.S.C. §3559(e) in Child Pornography Production Case

Date: Aug 2, 2012

Affirmation of Mandatory Life Imprisonment under 18 U.S.C. §3559(e) in Child Pornography Production Case Introduction The case of United States of America v. Jesse Aaron Davison (492 F. App'x 391)...

RICO Conspiracy Liability Established Without Managerial Role – United States v. Mouzone and Fleming

Date: Jul 27, 2012

RICO Conspiracy Liability Established Without Managerial Role – United States v. Mouzone and Fleming Introduction In the case of United States of America v. Tavon Mouzone and Anthony Fleming, the...

Narrow Interpretation of CFAA in WEC Carolina Energy Solutions LLC v. Miller

Date: Jul 27, 2012

Narrow Interpretation of the Computer Fraud and Abuse Act in WEC Carolina Energy Solutions LLC v. Miller Introduction In the case of WEC Carolina Energy Solutions LLC v. Miller, the United States...

Affirmative Misadvice on Deportation Consequences Requires Vacatur of Conviction: Akinsade v. United States

Date: Jul 26, 2012

Affirmative Misadvice on Deportation Consequences Requires Vacatur of Conviction: Akinsade v. United States Introduction In Akinsade v. United States, the United States Court of Appeals for the...

ACCA Sentencing and Plea Agreement Misrepresentation: Insights from United States v. Davis

Date: Jul 24, 2012

ACCA Sentencing and Plea Agreement Misrepresentation: Insights from United States v. Davis Introduction In the case of United States of America v. William Thomas Davis, decided by the United States...

AEDPA Timeliness and Proper Filing Requirements under State Rules: Analysis of ESCALANTE v. WATSON (4th Cir. 2012)

Date: Jul 19, 2012

AEDPA Timeliness and Proper Filing Requirements under State Rules: Analysis of ESCALANTE v. WATSON (4th Cir. 2012) Introduction Hector Vasquez Escalante v. Bryan Watson, Warden is a pivotal case...

Ensuring Procedural Integrity: NEPA Compliance in the Lost River Subwatershed Project

Date: Jul 14, 2012

Ensuring Procedural Integrity: NEPA Compliance in the Lost River Subwatershed Project Introduction The case of Pat Webster et al. v. United States Department of Agriculture (2012) revolves around the...

Limitations on Retroactive Application of New Constitutional Rights in 28 U.S.C. §2255 Motions: Analysis of United States v. Mathur

Date: Jul 12, 2012

Limitations on Retroactive Application of New Constitutional Rights in 28 U.S.C. §2255 Motions: Analysis of United States v. Mathur Introduction United States v. Shahzad Mathur, 685 F.3d 396 (4th...

De Facto Abolition of Parole for Violent Offenders: Insights from Burnette v. Virginia Parole Board

Date: Jul 10, 2012

De Facto Abolition of Parole for Violent Offenders: Insights from Burnette v. Virginia Parole Board Introduction The case of Burnette v. Virginia Parole Board (687 F.3d 171, 4th Cir. 2012) addresses...

McCarran-Ferguson Act Does Not Reverse Preempt New York Convention Arbitration Agreements

Date: Jul 10, 2012

McCarran-Ferguson Act Does Not Reverse Preempt New York Convention Arbitration Agreements Introduction The case of ESAB Group, Incorporated v. Zurich Insurance PLC (685 F.3d 376) adjudicated by the...

Expansion of Equitable Remedies under ERISA Section 1132(a)(3): McCravy v. Metropolitan Life Insurance

Date: Jul 6, 2012

Expansion of Equitable Remedies under ERISA Section 1132(a)(3): McCravy v. Metropolitan Life Insurance Introduction In the landmark case of Debbie McCravy v. Metropolitan Life Insurance Company, the...