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Criminal Law

Drug Paraphernalia Statute Applied to Smoke-Shop Sales (access required)

Virginia Code § 18.2-265.3(A) is constitutional as-applied to defendant’s conduct selling paraphernalia to smoke marijuana in his Virginia Beach “Papa Joe’s Smoke Shop” because there is ample evidence that he possessed drug paraphernalia with intent to sell to non-prescription holders ...

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Sentence Enhanced for ‘Generic’ Kidnapping (access required)

The 4th Circuit upholds a district court’s 16-level enhancement under the federal sentencing guidelines for kidnapping as a prior “crime of violence” in sentencing defendant for illegal reentry into the U.S. following deportation and conviction for an aggravated felony; defendant’s ...

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