4th U.S. Circuit Court of Appeals

Mangum v. Hallembaek (P)

For the second time, the appellant challenges the district court’s denial of his motion to compel the federal Bureau of Prisons to designate nunc pro tunc a state facility for service of his federal sentence under 18 U.S.C. § 3621(b). This… Read More ›

Baxter v. Comm’r of IRS (P)

On their 2000 tax return, taxpayers claimed substantial capital losses attributable to a Custom Adjustable Rate Debt Structure transaction, which the taxpayers relied on to offset capital gains attributable to the sale of their family business. The Tax Court properly… Read More ›

Wicomico Nursing Home v. Padilla (P)

Plaintiff nursing homes allege that Maryland agency heads wrongfully denied their residents Medicaid benefits, in violation of the 14th Amendment and several federal statutes. The district court properly dismissed their complaint for lack of subject-matter jurisdiction and failure to state… Read More ›

Lester v. Flournoy (P)

The defendant was sentenced to 22 years in prison because he was designated a career offender under the then-mandatory Sentencing Guidelines. However, later precedent established that this designation was wrong and that, as a result, his sentence should have been… Read More ›

Tairou v. Whitaker (P)

The Board of Immigration Appeals erred in finding that the petitioner was not subjected to past persecution and that he lacked a well-founded fear of persecution were he to return to Benin. A threat of death constitutes persecution. Because the… Read More ›

United States v. Terry (P)

Discovery of evidence seized during a traffic stop was not sufficiently attenuated from an unlawful search effectuated by surreptitious placement of a GPS device on the appellant’s vehicle, a flagrant constitutional violation. The district court’s holding that the appellant did… Read More ›