4th U.S. Circuit Court of Appeals

Duncan v. Barr (P)

In the petitioner’s claim for derivative citizenship and cancellation of removal, whether the government would acquiesce to torture under the Convention Against Torture is a mixed question of fact and law. Whether the petitioner was in the “physical custody” of… Read More ›

United States v. Davis (P)

In the defendant’s trial for drug distribution, the district court did not abuse its discretion in admitting (1) a confidential informant’s out-of-court statement about purchasing drugs from the defendant prior to the relevant investigation, (2) an officer’s photographs of the… Read More ›

United States v. Moore (P)

Prior to his federal sentencing for drug convictions, the defendant-appellant served seven months in state prison for related conduct. At sentencing, the district court reduced his mandatory-minimum sentence by seven months, over the government’s objection, to reflect his discharged state… Read More ›

Burrell v. Bayer Corp. (P)

In this North Carolina personal-injury suit, the plaintiff’s claims seeking damages for violation of state tort and products-liability law do not fall within the small class of cases in which state-law claims arise under federal law for purpose of federal-question… Read More ›

United States v. Whyte (P)

A jury convicted the defendant-appellant of several fraud offenses, with parallel False Claims Act proceedings, arising from his failure to provide multinational forces in Iraq with contracted-for armored vehicles. First, the criminal prosecution was not collaterally estopped by the prior False… Read More ›

United States v. Morris (P)

Because precedent at the time of the defendant’s 2013 sentencing did not strongly suggest that his career-offender enhancement was improper, counsel was not ineffective. Thus, the district court did not err in denying the defendant’s requested relief pursuant to 28… Read More ›

Hately v. Watts (P)

In this case invoking the Virginia Computer Crimes Act and the federal Stored Communications Act, the district court erred both in finding that (1) the plaintiff failed to demonstrate the requisite statutory injury under state law, and (2) the plaintiff’s previously opened and… Read More ›