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

No Equitable Tolling from INS Official’s Advice (access required)

A Russian citizen’s claim that an immigration official erroneously advised she could file for a marriage-based green card directly with the U.S. Customs and Immigration Services even though her asylum appeal was currently pending does not support  equitable tolling of ...

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No Copyright Case for Fighter’s Entry Theme (access required)

A South Carolina musician loses his copyright infringement suit against prizefighter Floyd Mayweather Jr. who allegedly used lyrics on top of plaintiff’s instrumental music track as Mayweather’s entrance theme for a WrestleMania appearance and a RAW guest host appearance; the ...

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Ammunition Conviction Sticks, But Not ACCA Sentence (access required)

Although defendant said the ammunition in his antique gun did not support his conviction as a felon illegally possessing ammunition, he presented no evidence to support his affirmative defense; however, the 4th Circuit vacates his sentence because his Maryland conviction ...

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Facebook ‘Like’ is Protected, But Sheriff Has Immunity (access required)

“Liking” a political candidate’s Facebook page is the “Internet equivalent” of a political yard sign and is protected speech, and the 4th Circuit reverses a trial court’s contrary holding and says three sheriff’s deputies who allegedly were fired as jailers ...

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No Sentencing Relief After Government Misconduct (access required)

Despite government misconduct in the investigation and prosecution of a large-scale drug conspiracy, including the leading investigator’s affair with defendant’s then-wife and subornation of perjury, the 4th Circuit, after remand of the case because of the government misconduct, denies post-conviction ...

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