4th Circuit Case Commentaries

Safeguarding Due Process: Insights from United States v. Chang

Date: Nov 22, 2024

Safeguarding Due Process: Insights from United States v. Chang Introduction The case of United States of America v. David Hyun Chang serves as a pivotal reference in understanding the application of...

Affirmed: Pro Se Filings via Fax Require Explicit Local Rule or Court Order

Date: Nov 22, 2024

Affirmed: Pro Se Filings via Fax Require Explicit Local Rule or Court Order Introduction In the case of Jay Folse v. Tiffany Hoffman et al., the United States Court of Appeals for the Fourth Circuit...

Fourth Circuit Establishes Non-Jurisdictional Status of IDEA's Exhaustion Requirement

Date: Nov 22, 2024

Fourth Circuit Establishes Non-Jurisdictional Status of IDEA's Exhaustion Requirement Introduction The case of Bills et al. v. Virginia Department of Education et al. addresses the procedural...

Assumed Error Harmlessness in Sentencing: United States v. Barnett

Date: Nov 20, 2024

Assumed Error Harmlessness in Sentencing: United States v. Barnett Introduction The case of United States of America v. Demirion Keziah Barnett addresses the complexities involved in federal...

Affirming the Conditional Stipulation in Plea Agreements: Analysis of United States v. Davis

Date: Nov 20, 2024

Affirming the Conditional Stipulation in Plea Agreements: Analysis of United States v. Davis Introduction In the case of United States of America v. Mickael Jaquan Davis, the United States Court of...

Clarification on Sentencing Guidelines §1B1.2(d): United States v. Mitchell

Date: Nov 8, 2024

Clarification on Sentencing Guidelines §1B1.2(d): United States v. Mitchell Introduction United States of America v. Christopher Ladariss Mitchell, 120 F.4th 1233, decided by the United States Court...

Court Affirms Dismissal in Cedar Realty Trust Preferred Stockholders’ Breach of Contract and Fiduciary Duty Claims

Date: Sep 5, 2024

Court Affirms Dismissal in Cedar Realty Trust Preferred Stockholders’ Breach of Contract and Fiduciary Duty Claims Introduction In the notable case of Julia Kim, David Sydney, Martin Novick, J. Renee...

Fourth Circuit Upholds PPP Loan Fraud Convictions: Affirming Sentencing Enhancements and Confrontation Rights

Date: Sep 4, 2024

Fourth Circuit Upholds PPP Loan Fraud Convictions: Affirming Sentencing Enhancements and Confrontation Rights Introduction In the case of United States of America v. Izzat Freitekh and Tarik...

Fourth Circuit Affirms §1981 Protections Against Racial Discrimination in Contractual Matters

Date: Aug 27, 2024

Fourth Circuit Affirms §1981 Protections Against Racial Discrimination in Contractual Matters Introduction In the recent appellate decision of Alexis Guerrero v. Ollie's Bargain Outlet, Inc., the...

Comprehensive Analysis of Loss Interpretation in USSG § 2B1.1 Following United States v. Maggie Anne Boler

Date: Aug 24, 2024

Comprehensive Analysis of Loss Interpretation in USSG § 2B1.1 Following United States v. Maggie Anne Boler Introduction United States of America v. Maggie Anne Boler, decided by the United States...

Affirming Shall-Issue Licensing Laws: Comprehensive Analysis of the 4th Circuit’s Upholding of Maryland’s Handgun Qualification License Statute

Date: Aug 24, 2024

Affirming Shall-Issue Licensing Laws: Comprehensive Analysis of the 4th Circuit’s Upholding of Maryland’s Handgun Qualification License Statute Introduction The case of Maryland Shall Issue, Inc. v....

Enhancing Residual Functional Capacity Assessments: Hale v. O'Malley Establishes New Standards in Social Security Disability Determinations

Date: Aug 23, 2024

Enhancing Residual Functional Capacity Assessments: Hale v. O'Malley Establishes New Standards in Social Security Disability Determinations 1. Introduction In the case of Carla Ann Hale v. Martin J....

United States v. Moody: Reinforcing the Standards for Compassionate Release in the Context of Sentencing Law Changes

Date: Aug 22, 2024

United States v. Moody: Reinforcing the Standards for Compassionate Release in the Context of Sentencing Law Changes Introduction The case of United States of America v. Harry Nolan Moody serves as a...

Establishing Reasonable Suspicion Through Social Media Activity: A Comprehensive Commentary on United States v. Brown and McCullers

Date: Aug 17, 2024

Establishing Reasonable Suspicion Through Social Media Activity: A Comprehensive Commentary on United States v. Brown and McCullers Introduction In the case of United States of America v. Anthony...

4th Circuit Reaffirms Debtor’s Rights to Tailor Vesting Provisions in Chapter 13 Plans

Date: Aug 14, 2024

4th Circuit Reaffirms Debtor’s Rights to Tailor Vesting Provisions in Chapter 13 Plans Introduction In the landmark case of SHEILA ANN TRANTHAM, Debtor - Appellant, v. STEVEN G. TATE, Trustee -...

Fourth Circuit Upholds Qualified Immunity for Officers in Deadly Force Case: Caraway v. City of Pineville

Date: Aug 7, 2024

Fourth Circuit Upholds Qualified Immunity for Officers in Deadly Force Case: Caraway v. City of Pineville Introduction In the case of Timothy RoChell Caraway v. City of Pineville, decided on August...

Holistic Evaluation of Exclusionary Conduct Upholds Antitrust Claims in the Fourth Circuit

Date: Aug 6, 2024

Holistic Evaluation of Exclusionary Conduct Upholds Antitrust Claims in the Fourth Circuit Introduction The case of Duke Energy Carolinas, LLC v. NTE Carolinas II, LLC addresses critical issues...

Fourth and Fourteenth Amendment Protections in Malicious Prosecution: Precedent in Harris v. Town of Southern Pines

Date: Aug 6, 2024

Fourth and Fourteenth Amendment Protections in Malicious Prosecution: Precedent in Harris v. Town of Southern Pines Introduction Harris v. Town of Southern Pines is a landmark case adjudicated by the...

Fourth Circuit Reinforces Two-Step Framework for Compassionate Release Under 18 U.S.C. § 3582(c)(1)(A)

Date: Aug 3, 2024

Fourth Circuit Reinforces Two-Step Framework for Compassionate Release Under 18 U.S.C. § 3582(c)(1)(A) Introduction In the case of United States of America v. Abdi Razaq Abshir Osman, the United...

Enhancing Defendant Autonomy: Hashimi v. United States Establishes Critical Sixth Amendment Protections

Date: Aug 3, 2024

Enhancing Defendant Autonomy: Hashimi v. United States Establishes Critical Sixth Amendment Protections Introduction The case of United States of America v. Ahmad Sayed Hashimi, decided by the United...