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Opinion Digests

Pre-departure Sentencing Guideline Range Controls (access required)

Joining all other federal appeals courts to consider this issue, the 4th Circuit holds that U.S. Sentencing Guideline Amendment 759 requires a district court at resentencing under Amendment 782 to calculate the “applicable guideline range” without applying any departures or ...

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Court Could Not Hear FINRA Disciplinary Challenge (access required)

A district court did not err in dismissing for lack of subject matter jurisdiction plaintiff financial advisors’ challenge to an ongoing disciplinary proceeding before the Financial Industry Regulatory Authority Inc., for selling unregistered securities in violation of the Securities Act ...

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Court Lost Jurisdiction After DOC Transfer (access required)

Although the Norfolk Circuit Court issued an order stating it would re­tain jurisdiction in the matter of de­fendant’s concurrent sentences for robbery and conspiracy to commit rob­bery, the court lost jurisdiction when the Department of Corrections took custody of defendant ...

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Sovereign Immunity Asserted in Maritime Case (access required)

A Norfolk police officer who was test-driving a repaired police boat when it capsized and allegedly injured two employees of the repair company may assert a state sovereign immunity de­fense in plaintiff employees’ maritime personal injury suit filed in state ...

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Trial Needed for Ambiguous Contract (access required)

In this dispute between two conserva­tion groups who entered into an agree­ment in 1989 for the purpose of preserv­ing the Big House Mountain and Little House Mountain properties (House Mountain Property) located in Rock­bridge County, Va., and whether the agreement ...

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