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

‘Building’ Burglaries Qualify Under ACCA (access required)

A defendant’s prior convictions for breaking and entering a restaurant and a “Corner Market” under Virginia’s non-generic burglary statute qualify as violent felonies under the Armed Career Criminal Act, contrary to the district court decision, and the 4th Circuit vacates ...

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Court Applies ‘Sexual Abuse’ Sentencing Enhancement (access required)

The 4th Circuit upholds an enhanced sentence for a defendant convicted of possession of child pornography, based on his prior conviction under South Carolina common law for “assault and battery of a high aggravated nature”; the district court did not ...

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Jurors Can Be Struck for Translation Hesitation (access required)

Spanish-speaking jurors who express doubt about abiding strictly by translations provided by official court translator during this drug conspiracy trial can be struck for cause, the 4th Circuit says; striking three jurors did not violate defendant’s Sixth Amendment rights, and ...

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