4th Circuit Case Commentaries

Affirmation of Upward Variance in Sentencing for Recidivist Offenders: Nance v. United States

Date: Apr 22, 2020

Affirmation of Upward Variance in Sentencing for Recidivist Offenders: Nance v. United States 1. Introduction Nance v. United States (957 F.3d 204, 4th Cir. 2020) is a significant appellate decision...

United States v. Gray: Clarifying First Step Act Retroactivity and Judicial Authority in Home Confinement

Date: Apr 22, 2020

United States v. Gray: Clarifying First Step Act Retroactivity and Judicial Authority in Home Confinement Introduction In the case of United States of America v. Nigel Omar Gray, adjudicated by the...

United States v. Akande: Enhancing Standards for Ineffective Assistance of Counsel in Plea Decisions

Date: Apr 21, 2020

United States v. Akande: Enhancing Standards for Ineffective Assistance of Counsel in Plea Decisions Introduction The case United States of America v. Sherif Akande (956 F.3d 257) adjudicated by the...

Limitations on Removal under the Refusal Clause: 4th Circuit Affirms Remand in Partisan Gerrymandering Case

Date: Apr 17, 2020

Limitations on Removal under the Refusal Clause: 4th Circuit Affirms Remand in Partisan Gerrymandering Case Introduction The case of Common Cause et al. v. Representatives David R. Lewis et al....

Establishing Rigorous Standards for Compassionate Release: United States v. Clark

Date: Apr 16, 2020

Establishing Rigorous Standards for Compassionate Release: United States v. Clark Introduction United States of America v. Shawn Michael Clark is a significant case adjudicated by the United States...

Fourth Circuit Affirms Denial of Habeas Relief in Sigmon v. Stirling: A Comprehensive Analysis

Date: Apr 15, 2020

Fourth Circuit Affirms Denial of Habeas Relief in Sigmon v. Stirling: A Comprehensive Analysis Introduction In Sigmon v. Stirling (956 F.3d 183, 4th Cir. 2020), the United States Court of Appeals for...

Reaffirmation of Administrative Exhaustion Requirement for Compassionate Release Amid COVID-19: United States v. Daniel Feiling

Date: Apr 11, 2020

Reaffirmation of Administrative Exhaustion Requirement for Compassionate Release Amid COVID-19: United States v. Daniel Feiling Introduction In the landmark case of United States of America v. Daniel...

Fourth Circuit Reverses Dismissal of VICAR Assault with State Brandishing Charges

Date: Apr 10, 2020

Fourth Circuit Reverses Dismissal of VICAR Assault with State Brandishing Charges Introduction Case: UNITED STATES OF AMERICA v. TREDARIUS JAMERIQUAN KEENE et al. Court: United States Court of...

Fourth Circuit Upholds §1155 Discretion in Visa Petition Revocation, Limiting Judicial Review under §1252(a)(2)(B)(ii)

Date: Apr 8, 2020

Fourth Circuit Upholds §1155 Discretion in Visa Petition Revocation, Limiting Judicial Review under §1252(a)(2)(B)(ii) Introduction In the case of Roberto John Polfliet and Masato Kimiki v. Kenneth...

Title VII Retaliation Claims Not Applicable to Age Discrimination Allegations: Fourth Circuit Affirms Summary Judgment

Date: Apr 8, 2020

Title VII Retaliation Claims Not Applicable to Age Discrimination Allegations: Fourth Circuit Affirms Summary Judgment Introduction In the case of Phillip B. Faulconer v. Centra Health, Inc., the...

Affirmation of ADEA Claim Dismissal: Insufficient Allegations of Age Discrimination

Date: Apr 8, 2020

Affirmation of ADEA Claim Dismissal: Insufficient Allegations of Age Discrimination Introduction The case of Alan Scot Tickles v. Sheriff Terry S. Johnson addresses allegations of age discrimination...

Affirmation of Conviction in United States v. Fall: Upholding Digital Child Pornography Laws

Date: Apr 4, 2020

Affirmation of Conviction in United States of America v. Robert Michael Fall (4th Cir. 2020) Introduction The case of United States of America v. Robert Michael Fall involves the appellate...

Defining "Sex Offense" Under SORNA: Insights from Mixell v. United States

Date: Apr 2, 2020

Defining "Sex Offense" Under SORNA: Insights from Mixell v. United States Introduction In the case of United States of America v. Christopher James Mixell, adjudicated by the United States Court of...

Functionality Doctrine Reinforced: CTB, Inc. v. Hog Slat, Inc. Establishes Limits on Trade Dress Protection

Date: Mar 28, 2020

Functionality Doctrine Reinforced: CTB, Inc. v. Hog Slat, Inc. Establishes Limits on Trade Dress Protection Introduction In CTB, Inc. v. Hog Slat, Inc., 954 F.3d 647 (4th Cir. 2020), the United...

Affirmation of ACCA Sentence: Clarifying Predicate Convictions in United States v. Judd

Date: Mar 28, 2020

Affirmation of ACCA Sentence: Clarifying Predicate Convictions in United States v. Judd Introduction United States of America v. James Arthur Judd is a pivotal case adjudicated by the United States...

Fourth Circuit Establishes Structural Error Standard for Guilty Pleas under § 922(g)(1) Following Rehaif v. United States

Date: Mar 26, 2020

Fourth Circuit Establishes Structural Error Standard for Guilty Pleas under § 922(g)(1) Following Rehaif v. United States Introduction The case of United States of America v. Michael Andrew Gary,...

Inclusion of Accomplice's Personal Use in Drug Quantity Calculation for Aiding-and-Abetting Distribution: U.S. v. Williamson

Date: Mar 24, 2020

Inclusion of Accomplice's Personal Use in Drug Quantity Calculation for Aiding-and-Abetting Distribution: U.S. v. Williamson Introduction In the landmark case of United States of America v. Charles...

Fourth Circuit Establishes Multi-Object Conspiracy Applicability for 'Covered Offense' under the First Step Act

Date: Mar 24, 2020

Fourth Circuit Establishes Multi-Object Conspiracy Applicability for 'Covered Offense' under the First Step Act Introduction In the case of United States of America v. Brandon Shane Gravatt, the...

Presumption of Detention Prevails Over Pandemic-Related Release Requests: United States v. Adam Martin

Date: Mar 18, 2020

Presumption of Detention Prevails Over Pandemic-Related Release Requests: United States v. Adam Martin Introduction The case United States of America v. Adam Martin, adjudicated in the United States...

Expanding Sentencing Reduction under the First Step Act: United States v. Derrick Redd

Date: Mar 17, 2020

Expanding Sentencing Reduction under the First Step Act: United States v. Derrick Redd Introduction In United States v. Derrick Vincent Redd, the United States District Court for the Eastern District...