Judge Allyson K. Duncan | Virginia Lawyers Weekly

‘Project Exile’ Case Not Selective Prosecution

By Deborah Elkins
Published: January 25, 2012
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge Allyson K. Duncan

An African-American defendant prosecuted in Richmond federal court for firearms possession under Project Exile cannot show racially discriminatory “selective prosecution” because two white defendants who stole the firearms in Campbell County and sold them to defendant were prosecuted in state court; the 4th Circuit says factors such as prosecution by different sovereigns in different jurisdictions [...]

Contractor Can Sue Iraq in U.S. Court

By Deborah Elkins
Published: January 10, 2012
Tags: 4th U.S. Circuit Court of Appeals, Contract, Judge Allyson K. Duncan

In this dispute over a company’s contract with the Iraqi Ministry of Defense to refurbish and dispose of Iraqi military equipment, the district court did not err in denying Iraq’s motion to dismiss on the basis of foreign sovereign immunity, the 4th Circuit says.
Under the Foreign Sovereign Immunities Act, 28 U.S.C. §§ 1602-11, a federal [...]

Damage Award for Yacht Owner Upheld

By Deborah Elkins
Published: December 27, 2011
Tags: 4th U.S. Circuit Court of Appeals, Admiralty, Judge Allyson K. Duncan

When the captain of a U.S. Army Corps of Engineers vessel fell asleep at the wheel and struck plaintiff’s 70-foot yacht, the Marquessa, docked at the pier at Ocean Marine marina in Portsmouth, the yacht was a constructive total loss based on two of three opinions in this battle of the experts, and the 4th [...]

4th Circuit hears former congressman’s appeal

By The Associated Press
Published: December 19, 2011
Tags: Criminal, Federal Courts, Judge Allyson K. Duncan, Judge Paul V. Niemeyer, Judge T.S. Ellis III

(AP) The business dealings that resulted in a former Louisiana congressman’s corruption convictions were not “official acts” under federal bribery law because they had nothing to do with the legislative process, his attorney told a federal appeals panel Dec. 9.
Lawrence Robbins, an attorney for former U.S. Rep. William Jefferson of New Orleans, told a three-judge [...]

Bottom Limit Set for Conspiracy Charge

By Deborah Elkins
Published: December 14, 2011
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge Allyson K. Duncan

Although this case “comes perilously close to the lower boundary” of what the 4th Circuit will accept to prove a conspiracy to distribute drugs, the appellate court accepts as sufficient proof: an informant’s testimony that defendant said he was “still” getting his crack cocaine from his “family” in Maryland and his discussions with girlfriends about [...]

Forfeiture Deadline Not Jurisdictional

By Deborah Elkins
Published: December 13, 2011
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge Allyson K. Duncan

Four defendants convicted as part of a drug-trafficking operation lose their appellate challenge to the belated forfeiture of their property under 18 U.S.C. § 983, including over $400,000 in currency from several accounts, a Mercedes automobile and several million dollars in drug proceeds, as the 4th Circuit holds the time deadline for forfeiture under Rule [...]

$10.5M Arbitration Award on Coal Contract Upheld

By Deborah Elkins
Published: July 19, 2011
Tags: 4th U.S. Circuit Court of Appeals, Contract, Judge Allyson K. Duncan

An arbitration panel did not exceed its powers when it considered the validity of a 2008 agreement between Central West Virginia Energy Company and an industrial park in Kanawha County, W.Va., for CWVE to supply coal to the park for a two-year period, and the 4th Circuit upholds a $10.5 million award to the industrial [...]

Remand for Review of Residency Requirement

By Deborah Elkins
Published: July 13, 2011
Tags: 4th U.S. Circuit Court of Appeals, Civil Rights, Judge Allyson K. Duncan

A former independent candidate for Congress wins remand of his challenge to a Virginia statutory requirement that petition signatures in support of his candidacy be witnessed by a resident of the Congressional district; the 4th Circuit says the limited rationale underlying the case relied on by the lower court has been superseded by later Supreme [...]

No Sentence Reduction Based on Defendant’s Meds

By Deborah Elkins
Published: July 6, 2011
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge Allyson K. Duncan

A sentencing court erred in applying the Rule 35(b) “substantial assistance” ground to reduce a sentence for distribution of child pornography from 96 months to one day; the 4th Circuit vacates the sentence reduction because it was based not on the substantial assistance provided to the government by the defendant, but on the sentencing court’s [...]

Crack Sentencing Statute Not Retroactive

By Deborah Elkins
Published: May 12, 2011
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge Allyson K. Duncan

Drug evidence found in a suitcase belonging to defendant, an unregistered motel guest, need not be suppressed, the 4th Circuit says, even if searching the suitcase went beyond a “protective sweep”; and the 4th Circuit joins its sister circuits and holds that the Fair Sentencing Act of 2010 does not apply retroactively to allow [...]

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