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Tag Archives: 4th U.S. Circuit Court of Appeals

Different jurisdictions, but same conspiracy (access required)

drug-dealer_fea

An argument by prosecutors that a drug dealer engaged in two separate conspiracies and could be prosecuted in separate Virginia districts has failed to persuade judges of the 4th U.S. Circuit Court of Appeals. The 4th Circuit unanimously held June ...

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Sentence Enhancement OK’d for ‘Hunting’ Guns (access required)

A district court did not err in enhancing defendant’s sentence on marijuana and cocaine distribution convictions for firearm possession, even though the firearms were discovered after defendant pled guilty to the original marijuana charge and defendant claimed the guns were ...

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First-Offender Drug Plea Was ‘Conviction’ (access required)

Petitioner’s 2005 criminal proceedings under a first-offender statute for cocaine possession, Va. Code § 18.2-251, constituted a “conviction” as defined in 8 U.S.C. § 1101(a)(48)(A), making petitioner, a Mexican citizen, ineligible for cancellation of removal; the 4th Circuit denies his ...

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No Retaliation Claim for ‘False Report’ Firing (access required)

The 4th Circuit upholds summary judgment for an employer who fired a restaurant manager for reporting a coworker’s complaint of sexual harassment, which the employer determined after investigation was fabricated; filing a false report is not protected activity under Title ...

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Firing upheld for ‘false’ report of harassment (access required)

Fired FEA

An employer may fire an employee who reported a coworker’s sexual harassment claim, when the employer’s investigation determined the reporting employee fabricated the claim, a federal appeals court said on June 7. The employee said she reported the coworker’s claim ...

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