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Tag Archives: Judge Dennis W. Shedd

Creditor’s Rights – Promissory Note – Receiver Suit – Jurisdiction (access required)

A receiver appointed pursuant to an FTC enforcement action against a fraudulent debt counseling scheme wins summary judgment in its action to recover receivership property, payment on a promissory note, from a business associate who borrowed $1.34 for a restaurant ...

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Immigration – Adjustment Of Status – Aggregate Unlawful Presence (access required)

Two citizens of Mexico, a husband and his wife who is a derivative applicant, are denied 4th Circuit review of a Board of Immigration Appeals’ decision dismissing their appeal of an immigration judge’s denial of husband’s application for adjustment of ...

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Criminal – Ineffective Assistance – ACCA – Failure To Object (access required)

At defendant’s sentencing as an armed career criminal, his lawyer’s failure to object to the use of defendant’s prior South Carolina convictions prejudiced his defense and amounts to ineffective assistance of counsel, and the 4th Circuit vacates denial of defendant’s ...

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Criminal – Competency – Forcible Medication – Waiver (access required)

The 4th Circuit upholds a criminal defendant’s guilty plea to a firearm charge, entered after four years of competency hearings leading to a forcible medication order; defendant did not appeal the earlier forcible medication order and his guilty plea waived ...

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Civil Rights – Fair Housing – ADA – Housing Access – Preemption (access required)

A developer of multi-family housing sued by disability advocacy groups cannot pursue state law cross-claims for indemnification, negligence and breach of contract against the project architect, because the state law claims are preempted by the federal Fair Housing Act and ...

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Constitutional – First Amendment – Alcohol Ads – College Newspapers (access required)

A regulation of the Virginia Alcoholic Beverage Control Board that restricts alcohol ads in college newspapers is not facially unconstitutional, and the 4th Circuit reverses the district court’s contrary decision and remands the case for further proceedings. Both parties agree ...

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Criminal – Child Porn – Probation – Downward Departure (access required)

A district court did not demonstrate the reasonableness of its decision to order five years’ probation and a $3,000 fine for a defendant convicted of child pornography possession, instead of the 41-51 month advisory sentencing range for the offense, and ...

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Criminal – Tax Fraud – Sentence – Loss Calculation (access required)

In sentencing defendant for tax and wire fraud, a district court erred in calculating the tax loss from a non-random sample of audited returns, but the error was harmless and the 4th Circuit affirms defendant tax preparer’s conviction and his ...

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