4th Circuit Case Commentaries

Failure to Address “Extended Supervision” Mitigation Makes a Revocation Sentence Plainly Unreasonable (Fourth Circuit)

Date: Apr 23, 2026

Failure to Address “Extended Supervision” Mitigation Makes a Revocation Sentence Plainly Unreasonable Case: United States v. Preston Mills, Jr. (4th Cir. Apr. 20, 2026) (published) Disposition:...

Harmless Guidelines-Grouping Error and Discretion to Impose Consecutive Sentences for Hobbs Act Conspiracy and Attempted Robbery

Date: Apr 23, 2026

Harmless Guidelines-Grouping Error and Discretion to Impose Consecutive Sentences for Hobbs Act Conspiracy and Attempted Robbery 1. Introduction In United States v. Xavier Holley (4th Cir. Apr. 20,...

Conditional-Intent and NATO SOFA Claims Are Non-Jurisdictional (and Generally Unenforceable by the Accused) in Court-Martial Habeas Review

Date: Apr 21, 2026

Conditional-Intent and NATO SOFA Claims Are Non-Jurisdictional (and Generally Unenforceable by the Accused) in Court-Martial Habeas Review 1. Introduction Alan Dorrbecker v. Kevin Howard is a...

Byers v. Painter: Post-Barnes Totality Review and Clearly Established Limits on Deadly Force Against a Non-Threatening, Retreating Armed Suspect

Date: Apr 21, 2026

Byers v. Painter: Post-Barnes Totality Review and Clearly Established Limits on Deadly Force Against a Non-Threatening, Retreating Armed Suspect 1. Introduction In Margaret Byers v. Gordon Painter...

Fourth Circuit Limits “Officer-Safety” Firearms Questioning: A Traffic Stop Becomes Unlawful When the Officer Abandons the Stop’s Mission From the Outset

Date: Apr 21, 2026

Fourth Circuit Limits “Officer-Safety” Firearms Questioning: A Traffic Stop Becomes Unlawful When the Officer Abandons the Stop’s Mission From the Outset Case: United States v. Nathaniel Martin (No....

Defendant-Specific Pleading Is Mandatory in Fourteenth Amendment Medical-Indifference Claims Against Jail Officers

Date: Apr 21, 2026

Defendant-Specific Pleading Is Mandatory in Fourteenth Amendment Medical-Indifference Claims Against Jail Officers Case: Crystal Rice v. Scott Adams (No. 24-2026) Court: United States Court of...

Fourth Circuit: State “340B Manufacturer” Anti-Restriction Statutes Must Be Reassessed Under Intervening Federal Preemption Precedent (PhRMA v. McCuskey)

Date: Apr 21, 2026

Fourth Circuit: State “340B Manufacturer” Anti-Restriction Statutes Must Be Reassessed Under Intervening Federal Preemption Precedent (Pharm. Rsch. & Mfrs. of Am. v. McCuskey) I. Introduction This...

Retention-Based Long-Term Incentive Awards Are ERISA-Exempt Bonus Programs Unless They Systematically Defer Pay to Termination or Provide Retirement Income

Date: Apr 20, 2026

Retention-Based Long-Term Incentive Awards Are ERISA-Exempt Bonus Programs Unless They Systematically Defer Pay to Termination or Provide Retirement Income 1. Introduction Kelly Milligan v. Merrill...

United States v. Willie Lilly — Kisor Limits Use of U.S.S.G. § 2K2.1 Commentary Note 10; Prior Drug Felonies Count Even Without Criminal History Points

Date: Apr 20, 2026

Kisor Limits Use of U.S.S.G. § 2K2.1 Commentary Note 10; Prior Drug Felonies Count Even Without Criminal History Points 1. Introduction In United States v. Willie Junior Lilly (4th Cir. Apr. 17,...

RIF Disparate-Impact Claims Require a Less-Discriminatory Alternative, and Retaliation Requires Employer Knowledge of Protected Activity

Date: Apr 20, 2026

RIF Disparate-Impact Claims Require a Less-Discriminatory Alternative, and Retaliation Requires Employer Knowledge of Protected Activity Case: Robyn Bomar v. Board of Education of Harford County, No....

ICE Execution of a Final EOIR Removal Order Is Not a “Pending Proceeding” Under 18 U.S.C. § 1505

Date: Apr 20, 2026

ICE Execution of a Final EOIR Removal Order Is Not a “Pending Proceeding” Under 18 U.S.C. § 1505 Introduction In United States v. Dennis Hernandez (4th Cir. Apr. 16, 2026), the Fourth Circuit...

Intervening 340B-Preemption Precedent Requires Vacatur and Remand of Preliminary-Injunction Rulings

Date: Apr 20, 2026

Intervening 340B-Preemption Precedent Requires Vacatur and Remand of Preliminary-Injunction Rulings I. Introduction AbbVie, Inc. v. Anthony Brown (4th Cir. Apr. 14, 2026) is an unpublished Fourth...

Intervening Circuit Preemption Precedent Requires Vacatur and Remand in 340B Contract-Pharmacy State-Law Challenges

Date: Apr 20, 2026

Intervening Circuit Preemption Precedent Requires Vacatur and Remand in 340B Contract-Pharmacy State-Law Challenges 1. Introduction Pharmaceutical Research and Manufacturers of Ameri v. Anthony Brown...

Joinder of Distinct Fraud Schemes Is Proper When One Scheme Precipitates the Other and Shares Overlapping Methods and Proof

Date: Apr 20, 2026

Joinder of Distinct Fraud Schemes Is Proper When One Scheme Precipitates the Other and Shares Overlapping Methods and Proof Case: United States v. Derickson Lawrence (4th Cir. Apr. 14, 2026) —...

Fourth Circuit: Failed Drug Tests Are Grade C Violations Unless the Revocation Petition Charges a Felony Drug Offense

Date: Apr 20, 2026

Fourth Circuit: Failed Drug Tests Are Grade C Violations Unless the Revocation Petition Charges a Felony Drug Offense Case: United States v. Naeem Jones (4th Cir. Apr. 14, 2026) (published)...

United States v. Trent James Russell — HIPAA “Individually Identifiable Health Information” Broadly Encompasses Patient-Search Screens; Employer’s Mere Presence Does Not Render a Voluntary Interview Coercive

Date: Apr 20, 2026

United States v. Trent James Russell: Patient-Search Screens Are “Individually Identifiable Health Information,” and an Employer’s Mere Presence Does Not Make a Voluntary Law-Enforcement Interview...

North Carolina PJC Conditioned on Community Service Is a “Conviction” Under 8 U.S.C. § 1101(a)(48)(A)

Date: Apr 20, 2026

North Carolina PJC Conditioned on Community Service Is a “Conviction” Under 8 U.S.C. § 1101(a)(48)(A) Introduction In Vaughn Gardner v. Todd Blanche, the Fourth Circuit reviewed a Board of...

Equitable Mootness Is Disfavored in Simple Chapter 13 Cases When Only Prospective Payment Relief Is Sought

Date: Apr 17, 2026

Equitable Mootness Is Disfavored in Simple Chapter 13 Cases When Only Prospective Payment Relief Is Sought Case: Christopher M. Cook v. Chapter 13 Trustee (In re: Chapter 13 Trustee), No. 25-1048...

Egahi v. Blanche: “Fair Notice” Pleading Required to Preserve a Reviewable Statutory-Interpretation Claim in INA/VAWA APA Litigation

Date: Apr 17, 2026

Egahi v. Blanche: “Fair Notice” Pleading Required to Preserve a Reviewable Statutory-Interpretation Claim in INA/VAWA APA Litigation 1. Introduction Sunday Egahi v. Todd Blanche (4th Cir. Apr. 13,...

Unmarked Low-Speed Vehicle Ramming and Split-Second Shooting: Fact Disputes Bar Summary Judgment Under Graham

Date: Apr 16, 2026

Unmarked Low-Speed Vehicle Ramming and Split-Second Shooting: Fact Disputes Bar Summary Judgment Under Graham I. Introduction In Jeffery Payne v. Joshua Moser (Fourth Circuit, Apr. 13, 2026), the...