Separate Sentencings Can Defeat the USSG § 4C1.1 “Zero-Point Offender” Reduction and Support Assumed-Error Harmlessness Review in Guidelines Disputes 1. Introduction United States v. Robin Johnson is...
Premeditation May Be Inferred From Seconds of Reflection Between Shots When Applying the § 2K2.1(c)(1)(A) Attempted First-Degree Murder Cross-Reference 1. Introduction United States v. Angelo Reid,...
Fourth Circuit: Long-Present, Uninspected Entrants Are Detained Under § 1226(a), Not § 1225(b)(2)(A), and Must Receive Bond Hearings I. Introduction In a published decision issued September 10, 2026,...
Fourth Circuit: Long-Present, Uninspected Entrants Are Detained Under 8 U.S.C. § 1226(a) and Must Receive Bond Hearings; “Seeking Admission” Narrows § 1225(b)(2)(A) I. Introduction In Oscar Lopez...
Fourth Circuit: Shackling During Labor/Immediate Postpartum Without Security Justification Violates the Eighth Amendment; Postpartum MOUD Denial Can Constitute Deliberate Indifference and Support...
Automatic Deletion Under Neutral Retention Policies Does Not Warrant a Criminal Spoliation Adverse-Inference Instruction Absent Prior Knowledge of Relevance and Willful Loss I. Introduction In United...
Striking a Cooperating Witness’s Testimony as an Adeate Brady Cure; Conditional Intent and Two‑Step Digital Warrants Sustain VICAR Convictions 1. Introduction In United States v. Jairo Gustavo...
Curative Instruction by Striking a Witness’s Testimony Can Cure Mid‑Trial Brady Prejudice; Digital Warrants May Permit Broad Review Where Seizure Is Cabined to Enumerated Crimes Case: United States...
Striking a Witness’s Testimony as a Sufficient Remedy for a Mid‑Trial Brady Disclosure (and Upholding Broad-Search/Narrow-Seizure Digital Warrants) 1. Introduction In United States v. Melvin Canales...
Fourth Circuit: Objective Recklessness Establishes Willful FBAR Liability, and Aggregate Willful FBAR Penalties Are Not “Grossly Disproportional” When Far Below the Statutory Maximum 1. Introduction...
Striking a Defendant’s Entire Closing Argument Is a Prejudicial Abuse of Discretion (Even If Parts Were Improper) I. Introduction In United States v. Cristian Arevalo Arias (consolidated appeals...
Striking the Entire Defense Closing Argument Is a Prejudicial Abuse of Discretion Even When Parts Are Improper I. Introduction In United States v. Cristian Ariel Arevalo Arias, United States v....
Fourth Circuit: A Trial Court Abuses Its Discretion by Striking a Defendant’s Entire Closing Argument, Thereby Effectively Denying the Constitutional Right to Summation 1. Introduction United States...
Title VII Protects Individually Discerned “Body-as-a-Temple” Vaccine Objections; Mixed Motives and “Personal Decision” Language Do Not Defeat a Prima Facie Case at Summary Judgment Case: Delsonya...
Fourth Circuit Reaffirms: No Fourth Amendment Privacy in a Stolen Vehicle Absent Innocent Acquisition; Broad Appeal Waivers Enforced While Preserved Suppression Issues Remain Reviewable 1....
Observable DUI Indicators Justify Extending a Traffic Stop for Field Sobriety Testing; A 62‑Day Continuance and a Sub‑Year Time-to-Trial Are Not “Presumptively Prejudicial” 1. Introduction United...
United States v. Yasinov: When Omitted § 111(b) Elements in a General Verdict Form Do Not Require Reversal, and When Multiple § 111(b) Counts Are Not Multiplicitous 1. Introduction In United States...
Cisco Closes the Sosa Door: Alien Tort Statute Claims Limited to the “Blackstone Three” 1. Introduction In Suhail Al Shimari v. CACI Premier Technology, Inc., No. 25-1043 (4th Cir. Aug. 28, 2026)...
Lowest Unit Charge Is Limited to Candidate “Use”: Political Parties and Joint Fundraising Committees with Non‑Candidate Members Are Ineligible I. Introduction Case: Sherrod Brown v. FCC (4th Cir....
Fourth Circuit Rejects the “Reason-for-Vacatur” Test: A Vacated Conviction Cannot Support Inadmissibility Under 8 U.S.C. § 1182(a)(2)(A)(i) I. Introduction In Lizbeyde Piedra v. Todd Blanche (4th...