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  • Commentaries
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4th Circuit Case Commentaries

Mandatory Sentencing Justifications in Revocation Proceedings: Insights from Thompson v. United States

Mandatory Sentencing Justifications in Revocation Proceedings: Insights from Thompson v. United States

Date: Feb 24, 2010
Mandatory Sentencing Justifications in Revocation Proceedings: Insights from Thompson v. United States Introduction Thompson v. United States, 595 F.3d 544 (4th Cir. 2010), addresses critical...
Fourth Circuit Clarifies Application of 18 U.S.C. §3582(c)(2) for Rule 35-Reduced Sentences: Stewart v. United States

Fourth Circuit Clarifies Application of 18 U.S.C. §3582(c)(2) for Rule 35-Reduced Sentences: Stewart v. United States

Date: Feb 18, 2010
Fourth Circuit Clarifies Application of 18 U.S.C. §3582(c)(2) for Rule 35-Reduced Sentences: Stewart v. United States Introduction United States of America v. Maurice Anthony Stewart is a pivotal...
Fourth Circuit Rules Career Offender Eligibility for §3582(c)(2) Sentence Reduction Post-Amendment 706

Fourth Circuit Rules Career Offender Eligibility for §3582(c)(2) Sentence Reduction Post-Amendment 706

Date: Feb 18, 2010
Fourth Circuit Rules Career Offender Eligibility for §3582(c)(2) Sentence Reduction Post-Amendment 706 Introduction The case of United States of America v. Raeford Nathaniel Munn (595 F.3d 183)...
Sentencing Discretion in Crack Cocaine Distribution Cases Post-Kimbrough: Insights from Herder v. United States

Sentencing Discretion in Crack Cocaine Distribution Cases Post-Kimbrough: Insights from Herder v. United States

Date: Feb 12, 2010
Sentencing Discretion in Crack Cocaine Distribution Cases Post-Kimbrough: Insights from Herder v. United States Introduction United States v. Herder (594 F.3d 352) is a pivotal case adjudicated by...
Presumption Against Retroactive Legislation Upheld in Ward v. Dixie National Life Ins. Co.

Presumption Against Retroactive Legislation Upheld in Ward v. Dixie National Life Ins. Co.

Date: Feb 9, 2010
Presumption Against Retroactive Legislation Upheld in Ward v. Dixie National Life Ins. Co. Introduction Ward v. Dixie National Life Insurance Company is a landmark case adjudicated by the United...
Qualified Immunity Affirmed in Use of Police Canine During Missing Person Search

Qualified Immunity Affirmed in Use of Police Canine During Missing Person Search

Date: Jan 30, 2010
Qualified Immunity Affirmed in Use of Police Canine During Missing Person Search Introduction The case of Jose R. Melgar v. John Greene et al., decided on January 29, 2010, by the United States Court...
Defining the Boundaries of Attorney Discretion: Effective Assistance in Mistrial Decisions - United States v. Chapman

Defining the Boundaries of Attorney Discretion: Effective Assistance in Mistrial Decisions - United States v. Chapman

Date: Jan 30, 2010
Defining the Boundaries of Attorney Discretion: Effective Assistance in Mistrial Decisions - United States v. Chapman Introduction United States v. Nathan A. Chapman, Jr., 593 F.3d 365 (4th Cir....
SHARPE v. BELL: Upholding AEDPA’s Deference to State Court Findings in Actual Innocence Claims

SHARPE v. BELL: Upholding AEDPA’s Deference to State Court Findings in Actual Innocence Claims

Date: Jan 30, 2010
SHARPE v. BELL: Upholding AEDPA’s Deference to State Court Findings in Actual Innocence Claims Introduction SHARPE v. BELL, 593 F.3d 372 (4th Cir. 2010), is a pivotal case that underscores the...
Automobile Exception Reinforced: United States v. Kelly

Automobile Exception Reinforced: United States v. Kelly

Date: Jan 29, 2010
Automobile Exception Reinforced: United States v. Kelly Introduction United States of America v. David Kelly, Jr. is a pivotal case decided by the United States Court of Appeals for the Fourth...
Plain-Error Review for Unpreserved Procedural Sentencing Errors: Fourth Circuit's Clarification

Plain-Error Review for Unpreserved Procedural Sentencing Errors: Fourth Circuit's Clarification

Date: Jan 29, 2010
Plain-Error Review for Unpreserved Procedural Sentencing Errors: Fourth Circuit's Clarification Introduction In the landmark decision of United States v. Lynn et al. (592 F.3d 572, 4th Cir. 2010),...
WINSTON v. KELLY: Federal Habeas Corpus Review and AEDPA's Impact on Ineffective Assistance of Counsel Claims

WINSTON v. KELLY: Federal Habeas Corpus Review and AEDPA's Impact on Ineffective Assistance of Counsel Claims

Date: Jan 28, 2010
WINSTON v. KELLY: Federal Habeas Corpus Review and AEDPA's Impact on Ineffective Assistance of Counsel Claims Introduction Leon J. Winston, the petitioner-appellant, was convicted of capital murder...
Fourth Circuit Clarifies Standards for Appellate Waiver Enforcement and Weapon Enhancement Application in United States v. Manigan

Fourth Circuit Clarifies Standards for Appellate Waiver Enforcement and Weapon Enhancement Application in United States v. Manigan

Date: Jan 27, 2010
Fourth Circuit Clarifies Standards for Appellate Waiver Enforcement and Weapon Enhancement Application in United States v. Manigan Introduction United States of America v. Kenneth Manigan, 592 F.3d...
Expansion of Aggravated Identity Theft Under 18 U.S.C. § 1028A(a)(1): Insights from United States v. Mohamed Adam Abdelshafi

Expansion of Aggravated Identity Theft Under 18 U.S.C. § 1028A(a)(1): Insights from United States v. Mohamed Adam Abdelshafi

Date: Jan 26, 2010
Expansion of Aggravated Identity Theft Under 18 U.S.C. § 1028A(a)(1): Insights from United States v. Mohamed Adam Abdelshafi Introduction The case of United States of America v. Mohamed Adam...
Marynenka v. Holder: Reinforcing the Standards for Corroborating Evidence in Asylum Proceedings

Marynenka v. Holder: Reinforcing the Standards for Corroborating Evidence in Asylum Proceedings

Date: Jan 26, 2010
Marynenka v. Holder: Reinforcing the Standards for Corroborating Evidence in Asylum Proceedings Introduction Hanna Marynenka, a Belarusian national, challenged the decision of the Board of...
Grandfathered Status under INA §1255(i): The Sang Y. Lee Case

Grandfathered Status under INA §1255(i): The Sang Y. Lee Case

Date: Jan 26, 2010
Grandfathered Status under INA §1255(i): The Sang Y. Lee Case Introduction The case of Sang Y. Lee v. United States Citizenship and Immigration Services (592 F.3d 612) is a notable decision from the...
Clarifying the Plain-View Exception in Digital Searches: Analysis of United States v. Williams

Clarifying the Plain-View Exception in Digital Searches: Analysis of United States v. Williams

Date: Jan 22, 2010
Clarifying the Plain-View Exception in Digital Searches: Analysis of United States v. Williams Introduction United States v. Curtis Robert Williams, 592 F.3d 511 (4th Cir. 2010), is a pivotal case...
Forum Non Conveniens and Plaintiff's Right to Amend: GALUSTIAN v. PETER

Forum Non Conveniens and Plaintiff's Right to Amend: GALUSTIAN v. PETER

Date: Jan 16, 2010
Forum Non Conveniens and Plaintiff's Right to Amend: GALUSTIAN v. PETER Introduction GALUSTIAN v. PETER, 591 F.3d 724 (4th Cir. 2010), is a significant appellate decision that addresses the interplay...
Double Jeopardy and Multiple Punishments: Insights from Jones v. Sussex I State Prison

Double Jeopardy and Multiple Punishments: Insights from Jones v. Sussex I State Prison

Date: Jan 16, 2010
AEDPA and Double Jeopardy: Upholding State Court Judgments in Jones v. Sussex I State Prison Introduction Jones v. Sussex I State Prison, 591 F.3d 707 (4th Cir. 2010), is a pivotal case that delves...
United States v. Engle: Upholding Deterrence in Sentencing Tax Evasion Crimes

United States v. Engle: Upholding Deterrence in Sentencing Tax Evasion Crimes

Date: Jan 14, 2010
United States v. Engle: Upholding Deterrence in Sentencing Tax Evasion Crimes Introduction United States v. Frederick L. Engle, 592 F.3d 495 (4th Cir. 2010), is a pivotal case that underscores the...
Clarifying 'Responsible Person' Liability under IRC § 6672: Erwin v. United States

Clarifying 'Responsible Person' Liability under IRC § 6672: Erwin v. United States

Date: Jan 14, 2010
Clarifying 'Responsible Person' Liability under IRC § 6672: Erwin v. United States Introduction In the landmark case of Charles B. Erwin, Plaintiff-Appellant, v. United States of America,...
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