4th Circuit Case Commentaries

Hunter “Miscarriage of Justice” Standard: Routine Guidelines Errors (and Downstream Reduction Effects) Do Not Defeat an Appeal Waiver

Date: Aug 26, 2026

Hunter “Miscarriage of Justice” Standard: Routine Guidelines Errors (and Downstream Reduction Effects) Do Not Defeat an Appeal Waiver 1. Introduction United States v. Tovis Richardson (4th Cir. Aug....

Warrantless Supervised-Release Home Searches: Reasonable Suspicion Under a Search Condition Satisfies the Fourth Amendment

Date: Aug 26, 2026

Warrantless Supervised-Release Home Searches: Reasonable Suspicion Under a Search Condition Satisfies the Fourth Amendment Introduction In United States v. Tyrell Watts (4th Cir. Aug. 20, 2026)...

Twenty-Sixth Amendment Requires Age-Neutral Access to State-Provided Voting Methods (No-Excuse Absentee-by-Mail)

Date: Aug 21, 2026

Twenty-Sixth Amendment Requires Age-Neutral Access to State-Provided Voting Methods (No-Excuse Absentee-by-Mail) Case: Trudy Grant v. Conway Belangia (No. 25-1413) — United States Court of Appeals...

Chilled Worship Attendance Establishes Standing and RFRA “Substantial Burden” Against DHS’s Sensitive-Locations Rollback

Date: Aug 21, 2026

Chilled Worship Attendance Establishes Standing and RFRA “Substantial Burden” Against DHS’s Sensitive-Locations Rollback 1. Introduction In Yearly Meeting of the Religious Society of Friends v....

United States v. Hicks & Mendoza: Sovereign-Citizen Rhetoric Alone Does Not Defeat a Faretta Waiver or Trigger a Sua Sponte Competency Hearing; Consent Waives Objections to Remote Rule 15 Testimony

Date: Aug 21, 2026

Sovereign-Citizen Rhetoric Alone Does Not Defeat a Faretta Waiver or Trigger a Sua Sponte Competency Hearing; Consent Waives Objections to Remote Rule 15 Testimony Case: United States v. Willie Hicks...

Provisional Unlawful Presence Waivers Do Not Stay Removal; § 1252(g) Allows Pure “Authority” Challenges, but “Lure-to-Arrest” Claims Require Evidence

Date: Aug 21, 2026

Provisional Unlawful Presence Waivers Do Not Stay Removal; § 1252(g) Allows Pure “Authority” Challenges, but “Lure-to-Arrest” Claims Require Evidence 1. Introduction Alyse Sanchez v. Markwayne Mullin...

Residential Search Warrants Require a Current, Particularized Nexus—Area Drug Activity and Stale Home Facts Defeat Probable Cause and Can Defeat Leon Good Faith

Date: Aug 21, 2026

Residential Search Warrants Require a Current, Particularized Nexus—Area Drug Activity and Stale Home Facts Defeat Probable Cause and Can Defeat Leon Good Faith United States v. Earl Griffin, Jr....

Fourth Circuit (Unpublished): Sovereign-Citizen Rhetoric Alone Does Not Trigger a Sua Sponte Competency Evaluation, and Consent Waives Confrontation Objections to Rule 15 Video Depositions

Date: Aug 21, 2026

Fourth Circuit (Unpublished): Sovereign-Citizen Rhetoric Alone Does Not Trigger a Sua Sponte Competency Evaluation, and Consent Waives Confrontation Objections to Rule 15 Video Depositions Case:...

USSG § 2B1.1(b)(16)(B): “In Connection With” Requires Facilitation Findings, Not Mere Proximity

Date: Aug 21, 2026

USSG § 2B1.1(b)(16)(B): “In Connection With” Requires Facilitation Findings, Not Mere Proximity I. Introduction United States v. Zerion Franklin (4th Cir. Aug. 14, 2026) addresses a recurring...

Provisional Unlawful Presence Waivers Do Not Implicitly Stay Removal; § 1252(g) Does Not Bar Pure “Authority” Challenges

Date: Aug 21, 2026

Provisional Unlawful Presence Waivers Do Not Implicitly Stay Removal; § 1252(g) Does Not Bar Pure “Authority” Challenges I. Introduction These consolidated appeals arose from a District of Maryland...

Gray-Market Prescription Drugs: “Material Differences” and Quality-Control Bypass Render Foreign-Labeled Medicines Non-Genuine Under the Lanham Act; Contributory Liability Requires Knowledge (Not Prior Notice or “Control”)

Date: Aug 14, 2026

Gray-Market Prescription Drugs: “Material Differences” and Quality-Control Bypass Render Foreign-Labeled Medicines Non-Genuine Under the Lanham Act; Contributory Liability Requires Knowledge (Not...

Fourth Circuit Reaffirms Plain-Error Review of Unpreserved Rule 11/32 Claims and Presumptive Reasonableness of Within-Guidelines Sentences in Anders Appeals

Date: Aug 14, 2026

Fourth Circuit Reaffirms Plain-Error Review of Unpreserved Rule 11/32 Claims and Presumptive Reasonableness of Within-Guidelines Sentences in Anders Appeals 1. Introduction In United States v. John...

Fourth Circuit: Foreign-Market Prescription Drugs Are “Non-Genuine” Gray-Market Goods When Labeling/Regulatory Disclosures and Distribution Quality Controls Materially Differ; Contributory Lanham Liability Does Not Require Prior Notice

Date: Aug 14, 2026

Fourth Circuit: Foreign-Market Prescription Drugs Are “Non-Genuine” Gray-Market Goods When Labeling/Regulatory Disclosures and Distribution Quality Controls Materially Differ; Contributory Lanham...

FDCA Does Not Preclude Lanham Act Gray‑Market Drug Claims; Contributory Infringement Knowledge Requires No Prior Notice

Date: Aug 14, 2026

FDCA Does Not Preclude Lanham Act Gray‑Market Drug Claims; Contributory Infringement Knowledge Requires No Prior Notice 1. Introduction Case: Gilead Sciences, Inc. v. ProAct, Inc. (consolidated...

§ 2255 Evidentiary Hearings After Record Expansion: No Hearing to “Conjure” a Plea Deal—Movant Must Plead a Specific Deficiency and a Record-Based Probability He’d Accept the Government’s Only Terms

Date: Aug 14, 2026

§ 2255 Evidentiary Hearings After Record Expansion: No Hearing to “Conjure” a Plea Deal—Movant Must Plead a Specific Deficiency and a Record-Based Probability He’d Accept the Government’s Only Terms...

Fourth Circuit: Foreign-Market Prescription Drugs with Different Labeling and Quality Controls Are “Non-Genuine” Under the Lanham Act; Contributory Liability Requires Knowledge, Not Formal Notice

Date: Aug 14, 2026

Fourth Circuit: Foreign-Market Prescription Drugs with Different Labeling and Quality Controls Are “Non-Genuine” Under the Lanham Act; Contributory Liability Requires Knowledge, Not Formal Notice...

Shifting Termination Explanations and Disputed “Belligerence” Create a Jury Issue of Pretext in § 1981 Retaliation

Date: Aug 14, 2026

Shifting Termination Explanations and Disputed “Belligerence” Create a Jury Issue of Pretext in § 1981 Retaliation Case: Eddie Stewart v. GES Recycling South Carolina LLC Court: United States Court...

Mass-Marketing Enhancement Applies Even When Solicitation Targets Non-Victims in Healthcare Fraud (United States v. Joyner)

Date: Aug 13, 2026

Mass-Marketing Enhancement Applies Even When Solicitation Targets Non-Victims in Healthcare Fraud (United States v. Joyner) 1. Introduction In United States v. Colby Edward Joyner, the Fourth Circuit...

Appellate Abandonment in FTCA Cases: Unchallenged Discretionary-Function and Alternative Dismissal Grounds Require Affirmance

Date: Aug 12, 2026

Appellate Abandonment in FTCA Cases: Unchallenged Discretionary-Function and Alternative Dismissal Grounds Require Affirmance Case: Timothy Taylor v. United States (4th Cir. Aug. 11, 2026)...

Browsewrap Arbitration Clauses Are Unenforceable Under Maryland Law When Unilateral “Change-in-Terms” Takes Effect Upon Site Visit Without Advance Notice

Date: Aug 12, 2026

Browsewrap Arbitration Clauses Are Unenforceable Under Maryland Law When Unilateral “Change-in-Terms” Takes Effect Upon Site Visit Without Advance Notice Introduction In Kaitlyn Trimble v. Entrata,...