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

Survivor’s Benefits Awarded for Miner’s COPD (access required)

After 16 years of fighting for black lung survivor’s benefits, a miner’s widow wins benefits in the 4th Circuit’s latest remand of her case; the miner’s COPD qualified as pneumoconiosis and contributed to his death. Claimant’s husband received black lung ...

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Time Gap No Bar to Child Porn Sentence Increase (access required)

Although defendant contends his only documented incident of distributing child pornography occurred more than two years prior to his offense of possession, the 4th Circuit upholds a distribution sentencing enhancement under USSG § 1B1.3 and affirms defendant’s 78-month sentence, followed ...

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‘Harmless Error’ Analysis Saves Enhanced Sentences (access required)

In these consolidated appeals by two defendants involved in conspiracy to distribute cocaine, the 4th Circuit affirms the district court’s application of sentencing enhancements for use of a minor, possession of a dangerous weapon and leadership, and applies harmless error ...

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