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Author Archives: Deborah Elkins

Criminal – Ineffective Assistance – Guilty Plea Choice – Drug Conspiracy (access required)

A defendant who agreed in his guilty plea agreement that he would be held responsible for distribution of between 5,598, and 18,565 eighty-milligram oxycodone tablets, and that he qualified as a leader and organizer of the drug conspiracy, cannot persuade ...

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Real Estate – Oil & Gas Rights – Methane – Royalty Payments (access required)

In this dispute over ownership of a tract of land in Dickenson County and defendant’s alleged taking of methane without making proper royalty payments, a magistrate judge for the Abingdon U.S. District Court recommends denying the pro se plaintiff’s motion ...

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Criminal – Wire Fraud – Restitution (access required)

Although a Charlottesville U.S. District Court’s restitution order in this fraud case for profits defendants made did not stand, the court orders restitution to cover the cost of three staff positions that were not filled, for which defendants billed and ...

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Search & Seizure – Post-Shooting Sidewalk Check – Pat-Down (access required)

A police officer canvassing a neighborhood after a shooting, who asked a defendant walking by, “Come over here real quick man,” and told defendant, “Keep your hands out of your pockets for me alright?”, did not seize defendant until he ...

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Criminal – Felon In Possession – Guilty Plea Withdrawal (access required)

Although a Harrisonburg U.S. District Court has accepted defendant’s guilty plea to firearm possession as a felon, the court allows defendant to withdraw his plea after hearing his explanation that he mistakenly believed the firearm was a compressed-air BB gun. ...

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Domestic Relations – E-Mail Accounts – Password Access – Business Manager (access required)

A lawyer who is divorcing her business partner and husband, and the lobbying business they had together, can sue the husband under Virginia state and federal law for alleged unauthorized access to wife’s business e-mail account, which wife says prejudiced ...

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Criminal – Child Porn – Attempted Receipt – Forensic Evidence (access required)

A Richmond U.S. District Court rejects defendant’s motion for judgment of acquittal because the government sufficiently proved beyond a reasonable doubt that defendant attempted to receive materials containing child pornography by way of a foreign Web site, “Illegal.cp,” even though ...

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Civil Procedure – Personal Jurisdiction – Contract – Yacht Sale (access required)

A New Jersey buyer who used a Staten Island broker to allegedly buy a yacht in Virginia has conducted activities in Virginia under the Virginia long-arm statute, and an Alexandria U.S. District Court has personal jurisdiction over the buyer in ...

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Bankruptcy – Real Estate Sale – Mortgage Fraud – ‘Strong Arm’ Powers (access required)

In this litigation arising from the remnants of a mass mortgage fraud scheme perpetrated in 2007 by debtor, the Alexandria U.S. District Court upholds a bankruptcy court order authorizing sale of residential property – covered by four separate mortgage loans ...

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