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Monthly Archives: February 2010

Criminal – Sentencing – Drug Trafficking – Prior Conviction – Drug Court (access required)

In sentencing a defendant on drug trafficking and firearm charges, a district court erred when it counted disposition by a state court drug supervision program as a “prior sentence” within the meaning of USSG 4A1.1 and 4A1.2, and his sentence ...

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Criminal – Crack Cocaine – Sentencing Guidelines – Amendment 706 (access required)

A district court erred in believing a defendant convicted of conspiracy to possess and distribute cocaine base could not be sentenced to a term less than 96 months, and the 4th Circuit vacates defendant’s sentence and remands for resentencing. After ...

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Search & Seizure – Warrant – Computer File Search – Plain View (access required)

A search warrant grounded on probable cause to believe evidence relating to the Virginia crimes of threatening bodily harm and computer harassment would be found on defendant’s home computers and digital media authorized police to search the computers and digital ...

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Million Dollar Settlements

Attorneys reported 36 million-dollar settlements in 2009 in Virginia Lawyers Weekly, three fewer than last year. All but three of the settlements had a personal injury component. Two eminent domain cases and a commercial dispute were the only exceptions. Vehicles ...

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Public notice bill killed

Dow Jones and Virginia local newspapers have been squabbling over public notice rights in the past year. When the Wall Street Journal decided to cherry-pick public notices in Virginia, papers like the Richmond Times-Dispatch and The Virginian-Pilot headed to court. ...

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Who dat claiming “Who Dat?”

Super Bowl note: The long-downtrodden New Orleans Saints make it to the Super Bowl for the first time in their 43-year history, and the National Football League issues heavy-handed ceast-and-desist letters to local vendors pushing T-shirts with the words of ...

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Photo is key in suit over loss of finger – $375,000 Verdict (access required)

Plaintiff was working as a heavy equipment operator and was delivering a piece of rented equipment to the defendant, a heavy equipment dealer. Defendant’s employee attempted to remove the equipment from the flat bed trailer of the plaintiff’s truck with ...

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