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Author Archives: Deborah Elkins

Criminal – Tax Evasion – Sentencing – Home Detention (access required)

The 4th Circuit vacates a sentence of probation – with international travel privileges – for a tax evader who continued to travel and failed to make any restitution until shortly before sentencing; the district court erred by ignoring Sentencing Commission ...

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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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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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Plaintiffs want to be able to sue for more when refiling after nonsuit (access required)

When a Loudoun County Circuit Court dismissed a p.i. suit in August because the plaintiff asked for more money when she refiled after a nonsuit, plaintiffs’ lawyers went on alert. The Loudoun County case, Spear v. Metropolitan Washington Airports Authority, ...

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