Published

United States v. Winbush (P)

The district court erred in substituting a previously unidentified conviction to sustain the appellant’s “career offender” designation. Thus, he must be resentenced without that enhancement. By habeas petition, the appellant brought a claim for ineffective assistance of counsel based on… Read More ›

Hayes v. Carver (P)

The district court properly dismissed a habeas petitioner’s claim of actual innocence. He was convicted of two counts of second-degree murder and sentenced to two consecutive life terms. Here, the totality of the evidence fails to meet the exacting standard for… Read More ›

Wright v. Lassiter (P)

The district court correctly found that North Carolina prison officials did not substantially burden the plaintiff’s constitutional and statutory religious-freedom rights, though not for the result the court gave. The plaintiff is an inmate who follows Rastafarianism. He asked to celebrate… Read More ›

Mitchell v. Green (P)

In this appeal of a dismissed 28 U.S.C. § 2254 petition, under Wall v. Kholi, 562 U.S. 545 (2011), the one-year limitations period prescribed by the Antiterrorism and Effective Death Penalty Act was tolled by the petitioner’s state court motion… Read More ›

Reyna v. Hott (P)

The district court properly dismissed the complaint on grounds that the plaintiffs did not sufficiently allege that the government’s practice of transferring detained immigrants among various interstate detention centers violated a substantive due process right. Accordingly, the court also properly… Read More ›

McCaffrey v. Chapman (P)

Under the Elrod-Branti exception to First Amendment protection, the district court properly dismissed a Loudoun County deputy sheriff’s claims against the sheriff, who declined to reappoint the deputy for supporting the sheriff’s political opponent. The court’s prior precedent provides that… Read More ›

Berkenfeld v. Lenet (P)

Because of Maryland’s high bar for taking questions of contributory negligence, the district court erred in finding that the plaintiffs were barred from recovery for their financial advisors’ alleged negligence. The plaintiffs’ evidence offers a reasonable basis to determine that… Read More ›

United States v. Smith (P)

In the defendants’ trial for gang-related violence, the district court properly addressed some jurors’ fears about gang retaliation and admitted an FBI agent’s expert testimony decoding intercepted calls between gang members. After learning of one juror’s fears, the district judge… Read More ›