Quantcast
Home (page 6)

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

Sentence Enhancement OK’d for ‘Hunting’ Guns (access required)

A district court did not err in enhancing defendant’s sentence on marijuana and cocaine distribution convictions for firearm possession, even though the firearms were discovered after defendant pled guilty to the original marijuana charge and defendant claimed the guns were ...

Read More »

First-Offender Drug Plea Was ‘Conviction’ (access required)

Petitioner’s 2005 criminal proceedings under a first-offender statute for cocaine possession, Va. Code § 18.2-251, constituted a “conviction” as defined in 8 U.S.C. § 1101(a)(48)(A), making petitioner, a Mexican citizen, ineligible for cancellation of removal; the 4th Circuit denies his ...

Read More »

No Retaliation Claim for ‘False Report’ Firing (access required)

The 4th Circuit upholds summary judgment for an employer who fired a restaurant manager for reporting a coworker’s complaint of sexual harassment, which the employer determined after investigation was fabricated; filing a false report is not protected activity under Title ...

Read More »

Firing upheld for ‘false’ report of harassment (access required)

Fired FEA

An employer may fire an employee who reported a coworker’s sexual harassment claim, when the employer’s investigation determined the reporting employee fabricated the claim, a federal appeals court said on June 7. The employee said she reported the coworker’s claim ...

Read More »

ALJ Erred in Discounting Pain, Doctor Opinion (access required)

In rejecting a social security disability application filed by a 38-year-old woman who suffered from multiple medically determinable impairments, the ALJ applied an improper legal standard to discredit claimant’s evidence of pain intensity and the opinions of her treating physicians, ...

Read More »