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Criminal Law

Handling of Victim Interview Tape Violates Brady (access required)

On rehearing en banc, the Court of Appeals reverses and remands defendant’s jury trial convictions for taking indecent liberties with his stepchild, aggravated sexual battery and animate object penetration; the commonwealth’s failure to disclose before trial a recording of victim’s ...

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Court Rejects ‘Drug Trafficking’ Enhancement (access required)

A defendant convicted of illegal reentry into the U.S. after removal for conviction of an aggravated felony will not be subjected to a 16-level enhancement under the federal sentencing guidelines for a “drug trafficking offense”; the Alexandria U.S. District Court ...

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No Convictions for ‘Merged’ Money Laundering (access required)

A defendant who bought and “flipped” properties in an extensive mortgage fraud scheme cannot overturn his fraud and conspiracy convictions with challenges to the district court’s evidentiary and loss calculation rulings, but the 4th Circuit reverses multiple money laundering convictions ...

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