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Criminal Law

‘Residual Clause’ Cases Do Not Save Motion (access required)

A petitioner cannot use recent U.S. Su­preme Court decisions on the ACCA’s re­sidual clause to mount an untimely chal­lenge to his sentence as a career offender under federal sentencing guidelines based on his prior Virginia convictions; the Nor­folk U.S. District ...

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‘Residual Clause’ Cases Do Not Save Motion (access required)

A petitioner cannot use recent U.S. Supreme Court decisions on the ACCA’s residual clause to mount an untimely challenge to his sentence under federal sentencing guidelines that treated his North Carolina convictions for possession of a sawed-off shotgun and attempted ...

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No Virginia Trial for Michiganders’ Money Laundering (access required)

A Michigan couple accused of money laundering based on their alleged sale of marijuana to a third party in Michigan or Ohio, who then allegedly sold the marijua­na in Buchanan County, Virginia, and wrote checks from various Grundy National Bank ...

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Court Upholds NIT Use in ‘Playpen’ Case (access required)

A defendant under investigation for re­ceipt of child pornography through the Play­pen website, available on the “Tor” network, cannot suppress evidence obtained through the government’s use of a Network Inves­tigative Technique to access his computer, nor is he entitled to ...

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Court Vacates Sentence Enhanced for Prior Crime (access required)

The 4th Circuit vacates a defendant’s en­hanced 60-month sentence for illegal reentry into the U.S. based on the district court’s de­termination that defendant’s 1997 aggravat­ed assault conviction in Texas was a “crime of violence” under the reentry sentencing guideline; the ...

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