4th U.S. Circuit Court of Appeals

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 ›

United States v. Mills (P)

Any error that the district court might have committed in treating the defendant’s prior North Carolina conviction as a crime-of-violence predicate was harmless because the court would have reasonably imposed the same 70-month sentence regardless of how it resolved a disputed… Read More ›

United States v. Simmons (P)

The district court erred in revoking the defendant’s supervised release and sentencing him to 36 months in prison after determining that the defendant committed the North Carolina offense of assault with a deadly weapon on a government official. The revocation… Read More ›

Williams v. Strickland (P)

The district court did not err in denying a motion for summary judgment for two law enforcement officers seeking qualified immunity. The plaintiff claimed that the officers violated his Fourth Amendment rights by using deadly force while arresting him (shooting… Read More ›