Illegal Re-Entry Sentence Enhanced for ‘Drug Trafficking’

No Civil Commitment for Sex Offender

By Deborah Elkins
Published: May 3, 2013
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge James A. Wynn Jr.

The 4th Circuit says a district court did not clearly err in finding a serial sexual abuser of minors was ineligible for civil commitment because the government did not prove he suffered from a serious mental illness; the appellate panel does not reach the question of whether the re-incarcerated offender could control his dangerous impulses. [...]

Local Carriers Win Telecomm Case Against Sprint

By Deborah Elkins
Published: May 3, 2013
Tags: 4th U.S. Circuit Court of Appeals, Contract, Judge Allyson K. Duncan

The 4th Circuit upholds judgment for “CenturyLink” plaintiffs, a group of 19 local exchange carriers that entered into interconnection agreements with defendant Sprint Communications under the Telecommunications Act of 1996 in plaintiffs’ breach of contract action filed after Sprint began to withhold payments under the agreement; the appellate court also upholds the district court judge’s [...]

Forfeiture Upheld for Healthcare Fraud

By Deborah Elkins
Published: May 3, 2013
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge James A. Wynn Jr.

Claimants, whose doctor son fled to Turkey after indictment for healthcare fraud, cannot overturn civil forfeiture of their property seized as proceeds of fraud and money laundering; the 4th Circuit rejects the parents’ claims that the district court erred by permitting remote testimony, mistakenly prohibited admission of certain documents and refused to give their proposed [...]

State Gets Hearing Before Federal Fund Cut-Off

By Deborah Elkins
Published: May 3, 2013
Tags: 4th U.S. Circuit Court of Appeals, Administrative, Judge Paul V. Niemeyer

The 4th Circuit has jurisdiction to hear a state’s challenge to a the federal Department of Education’s refusal to waive the entire amount of money the state owed for failing to match federal special education funds with state funding; the State of South Carolina is entitled to notice and a hearing before the federal agency [...]

No Mandatory Minimum for Crack Defendant

By Deborah Elkins
Published: May 3, 2013
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge Roger L. Gregory

The 4th Circuit says a defendant who got a 10-year mandatory minimum sentence for participation in a crack cocaine distribution conspiracy must be resentenced, given that the threshold amount for the mandatory minimum to apply was raised to 280 grams by the Fair Sentencing Act, prior to defendant’s sentencing. Defendant also challenges the sufficiency of [...]

Court Won’t Review Security Clearance Case

By Deborah Elkins
Published: May 3, 2013
Tags: 4th U.S. Circuit Court of Appeals, Administrative, Judge Paul V. Niemeyer

An employee of a federal intelligence agency who alleges he lost his top-secret security clearance and his job after he married a Muslim woman cannot sue the agency for violation of his constitutional rights, reinstatement and back pay; the 4th Circuit says plaintiff was merely restating “speculative and conclusory” allegations of constitutional violations which the [...]

BIA Cites Improved Conditions in Peru

By Deborah Elkins
Published: May 3, 2013
Tags: 4th U.S. Circuit Court of Appeals, Immigration, Judge Henry F. Floyd

A Peruvian petitioner loses his appeal of a BIA decision that says he must be deported despite his fear of torture by government officials for his trial testimony about a police officer murdering petitioner’s companion; the 4th Circuit upholds the BIA decision based on current conditions in Peru, evidence of petitioner’s past torture and the [...]

No Money Laundering Convictions Under ‘Merger Problem’

By Deborah Elkins
Published: May 3, 2013
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge William B. Traxler Jr.

In this fraud case involving a scheme to sell life settlement investments, which resulted in nearly $100 million in losses for investors, the 4th Circuit interprets “proceeds” of the scheme as “net profits” and overturns defendant’s money laundering convictions; the court affirms defendant’s remaining fraud convictions, but vacates defendant’s sentence and remands for resentencing. Defendant [...]

Doctor Convicted for Unnecessary Stent Procedures

By Deborah Elkins
Published: April 24, 2013
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge Roger L. Gregory

Although proof of defendant doctor’s failure to meet medical standards for performing stent procedures, standing alone, could not sustain defendant’s conviction for health care fraud, additional direct evidence that defendant overstated blockage in numerous cases, misled patients and recorded nonexistent symptoms and attempted to shred subpoenaed patient files, all support his conviction, the 4th Circuit [...]