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

Victim Age at Issue for ‘Threat’ Crimes (access required)

The 4th Circuit affirms criminal convictions of a “Commander” of the American National Socialist Workers’ Party for threatening and intimidating individuals, as well as a $545,000 civil judgment in favor of defendant’s victims, but vacates defendant’s 30- month sentence and ...

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PSR ‘Facts’ Don’t Pass Muster for ACCA (access required)

A district court committed plain error when it used the presentence report’s discussion of the circumstances surrounding defendant’s two prior violent-felony convictions  to apply an Armed Career Criminal Act enhancement under 18 U.S.C. § 924 when sentencing defendant as a ...

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Court Cautions Against ‘Drive-By’ Jurisdiction Rulings (access required)

Invoking the Supreme Court’s warning against “drive-by jurisdictional rulings,” the 4th Circuit sorts out the differences between motions under 12(b)(1) and 12(b)(6) and reverses the district court’s dismissal of a Jones Act claim, saying plaintiff’s allegation of injury to his ...

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Appeal of I-81 Widening Project Dismissed (access required)

The 4th Circuit dismisses an appeal by environmental and preservation organizations that challenge federal and state agencies’ planned improvements to Virginia’s Interstate 81 corridor under a tiered review process. Appellants challenged the plan by the Federal Highway Administration and the ...

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