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

Prior Assault Conviction Cannot Be Used To Enhance Sentence (access required)

In sentencing defendant for possession of a firearm as a convicted felon, a district court could not use an unincorporated “statement of probable cause” to establish a prior assault conviction as a “crime of violence” in order to enhance defendant’s ...

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Parents’ Petition Denied for ‘Alien Smuggling’ (access required)

A Guatemalan mother and father who entered the U.S. illegally engaged in “alien smuggling” when they followed a pattern of sending each of their four children several thousand dollars at a hotel in Mexico, for the children’s subsequent illegal arrival ...

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Consultant loses appeal over ‘secret plan’ to boost hospital income

A company that approached Rockingham Memorial Hospital with a plan to boost its Medicare reimbursements failed to prove a binding contract for a percentage of the increased revenues, a federal appeals court found last week. The 4th U.S. Circuit Court ...

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Unpaid Bodyguards with Guns Are ‘Employed’ (access required)

Defendant members of the Pagans Motorcycle Club who carried guns to protect their national vice president, a convicted felon, were in possession and “employed for” a convicted felon, even without tangible compensation, and the 4th Circuit says the district court ...

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No Claims under Carmack Amendment, No Indemnity (access required)

The 4th Circuit reverses a district court’s judgment ordering indemnity and contribution for a third-party broker against defendant carrier Daily Express Inc., after plaintiff Dominion Resource Services won damages from broker 5K Logistics Inc. for property that fell from the ...

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Dig deeper for a ticket to 4th Circuit

The 4th U.S. Circuit Court of Appeals is raising the price of admission. Actually, it’s not the 4th circuit, it’s all federal appeals courts. Judges propose to raise the admission fee for applicants to practice in the federal appeals courts ...

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