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

No Resentencing for Drug Quantity Error (access required)

A trial court’s erroneous jury instruction on conversion of pounds to kilograms and absence while the jury reviewed defendant’s recorded police interviews do not require reversal of or resentencing for defendant’s convictions arising from a large-scale marijuana trafficking enterprise and ...

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Md. Burglary Conviction Not ‘Crime of Violence’ (access required)

A conviction under Maryland’s first-degree burglary statute cannot be used to enhance a sentence for unlawful reentry into the U.S.; the 4th Circuit vacates defendant’s enhanced sentence, as Maryland courts have construed the state’s first-degree burglary statute more broadly than ...

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Jury Should Hear ‘Functionality’ Issue (access required)

In plaintiff’s suit alleging defendant Kimberly-Clark’s use of a dot pattern in its absorbent “GoodNites” bed mats infringed plaintiff’s rights in its own dot-embossed pattern for a textile-like absorbent material, the jury should have been allowed to decide whether the ...

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