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Tag Archives: Criminal

No Felony Without ‘Serious’ Mental Injury (access required)

Although a 17-year-old girl who was forcibly molested by the two defendants was understandably “agitated” and “upset,” even two years later when she testified at their trial, the commonwealth failed to establish the girl suffered a particularly “grave” mental injury, ...

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No Appeal Advice Was ‘Ineffective Assistance’ (access required)

A Harrisonburg U.S. District Court Magistrate Judge recommends granting defendant’s 28 U.S.C. § 2255 motion for post-conviction relief and vacatur of his sentence, to allow him to seek direct review of his conviction for drug conspiracy; defense counsel’s advice and ...

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Officer Assault Yields ‘Career Offender’ Sentence (access required)

A defendant’s prior Virginia conviction for assault and battery on a police officer was a “crime of violence” that supports a sentencing enhancement for “career offender” status under federal sentencing guidelines, and the Big Stone Gap U.S. District Court overrules ...

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Unpaid Bodyguards with Guns Are ‘Employed’ (access required)

Defendant members of the Pagans Motorcycle Club who carried guns to protect their national vice president, a convicted felon, were in possession and “employed for” a convicted felon, even without tangible compensation, and the 4th Circuit says the district court ...

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