4th U.S. Circuit Court of Appeals

United States v. Allen (P)

The appellant’s conviction under 21 U.S.C. § 843(b) is a “controlled substance offense” that served as a valid predicate offense for enhancing his base offense level under U.S. Sentencing Guidelines § 2K2.1(a)(2). Commentary to Guidelines § 4B1.2 states that a… Read More ›

Lawlor v. Zook (P)

A Virginia state court sentenced the petitioner to death after his capital murder conviction. The district court dismissed his petition for review of his death sentence under 28 U.S.C. § 2254. This was error. The state court excluded specialized and… Read More ›

AirFacts Inc. v. Amezaga (P)

In this breach-of-contract and trade-secrets misappropriation case, the appellant company’s primary product is an auditing software that analyzes ticket fares for airlines and travel agencies to ensure tickets are sold for the appropriate price. It sued a former employee who… Read More ›

Netter v. Barnes (P)

The plaintiff’s unauthorized review and disclosure of confidential personnel files to support her racial and religious discrimination claims was not protected activity under Title VII. The court doesn’t read the “participation” clause of Title VII’s retaliation provision so narrowly as to… Read More ›

United States v. Zelaya (P)

Evidence was sufficient to support the convictions of four MS-13 members on charges of violent crimes in aid of racketeering. The combination of the appellant’s shooting offense as a grossly disproportionate retaliation to a public slight and his after-the-fact engagement… Read More ›

United States v. Thomas (P)

The affidavit supporting a warrant to search the appellant’s cell phone was insufficient to support probable cause, but the detective knew the appellant had used a phone in furtherance of sexually abusing minors. This additional information supported probable cause to… Read More ›

United States v. Ketter (P)

After challenging his initial sentence under Johnson v. United States, 135 S. Ct. 2551 (2015), the appellant was re-sentenced to imprisonment for time served, followed by two years of supervised release to expire in April 2019. The appellant’s challenge to… Read More ›

United States v. Camara (P)

The court affirmed the appellant’s convictions arising from his participation in a scheme to resell luxury vehicles using stolen identities. The appellant’s indictment charged him with conspiring “with Ray Ekobena and others, known and unknown,” to violate three different federal… Read More ›

In re: Murphy-Brown LLC (P)

The district court must vacate a gag order imposing stringent restrictions on participants and potential participants in a series of nuisance suits brought against the hog industry in North Carolina. Plaintiffs claim that hog farms give rise to undue amounts… Read More ›