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Monthly Archives: March 2010

Creditor’s Rights – Farm Produce – PACA Trust (access required)

A seller of farm produce has a trust on sale proceeds under the Perishable Agricultural Commodities Act, but the 4th Circuit remands the case for reconsideration of the amount the district court required for payment. Two sellers of perishable agricultural ...

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Criminal – Sentencing – Guidelines Presumption – Illegal Entry (access required)

A district court’s comment that it was “obligated” to give a defendant a guidelines sentence unless there was a reason for departure smacks of an “impermissible presumption,” the 4th Circuit says, and it remands for resentencing. Appellant Dario Mendoza-Mendoza, a ...

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Civil Rights – Foster Child – Sexual Abuse History – Social Worker Immunity (access required)

The 4th Circuit says “deliberate indifference” by social workers to a child’s welfare may lead to liability under 42 U.S.C. § 1983; because this is a new standard, the defendant social worker in this case has qualified immunity from a ...

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

A defendant whose 264-month sentence for distribution of crack and powder cocaine was reduced to 240 months under the retroactive crack cocaine amendment to the federal sentencing guidelines, was not entitled to an additional reduction to 216 months, ordered eight ...

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Criminal – Sentencing – Felon In Possession – ‘Crime Of Violence’ – N.C. Law (access required)

The 4th Circuit upholds defendant’s sentence for possession of a firearm as a convicted felon, which the district court calculated by counting his prior North Carolina conviction for larceny from the person as a “crime of violence” under the federal ...

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Criminal – Crack Cocaine Possession – Traffic Stop (access required)

An officer did not violate defendant’s Fourth Amendment rights when, after smelling and possibly observing marijuana when he stopped a Mercury sedan with multiple windshield cracks, the officer asked defendant passenger to step out of the car and found drugs ...

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Criminal – Sentencing – ACCA – Predicate Offense – S.C. Law (access required)

The 4th Circuit says that “under no circumstance is a violation of South Carolina’s blue light statute a violent felony” under the Armed Career Criminal Act, and the court vacates a defendant’s sentence enhanced under the ACCA for predicate offenses ...

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Immigration – Withholding Of Removal – ‘Serious Crime’ – Military Technology Export (access required)

The 4th Circuit says the Board of Immigration Appeals may determine on a case-by-case basis that a non-aggravated felony is a “particularly serious crime” for purposes of asylum, and the court rejects a Chinese citizen’s application for withholding of removal ...

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Criminal – Supervised Release – Revocation (access required)

A defendant’s 18-month sentence after revocation of his supervised release, for battery, obstruction and methamphetamine possession, is vacated by the 4th Circuit because of the district court’s failure to explain its chosen sentence was plainly unreasonable. A court need not ...

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