‘Building’ Burglaries Qualify Under ACCA

Theft by Computer Access Not CFAA Violation

By Deborah Elkins
Published: August 2, 2012
Tags: 4th U.S. Circuit Court of Appeals, Employment, Judge G. Steven Agee

Employees of one company did not violate the Computer Fraud & Abuse Act when they allegedly used their authorized computer access to gather confidential information they then passed on to a competitor of their employer; the 4th Circuit says the alleged use of proprietary information to make a presentation to the competitor did not violate [...]

Debtor with Split Custody Must Refigure ‘Household’

By Deborah Elkins
Published: July 19, 2012
Tags: 4th U.S. Circuit Court of Appeals, Bankruptcy, Judge G. Steven Agee

It’s not just “heads on the beds” that count when a bankruptcy court is trying to determine “household” size for a Chapter 13 debtor in a “blended” household that includes children and step-children who are part-time residents, but the “economic unit,” the 4th Circuit says in this first-impression case for all circuit courts; debtor may [...]

‘Absolute Priority’ Rule Applies After BAPCPA

By Deborah Elkins
Published: June 19, 2012
Tags: 4th U.S. Circuit Court of Appeals, Bankruptcy, Judge G. Steven Agee

In this first-impression decision for federal appellate courts, the 4th Circuit says the “absolute priority rule” still applies to individual debtors in possession proceeding under chapter 11, after the 2005 amendments to the bankruptcy code. The absolute priority rule comes into play when a class of similarly situated creditors do not agree with a plan; [...]

Md. Repo Statute Not Preempted

By Deborah Elkins
Published: April 10, 2012
Tags: 4th U.S. Circuit Court of Appeals, Consumer Protection, Judge G. Steven Agee

Federal regulations under the National Banking Act do not preempt a Maryland statute that governs repossession of personal property; Maryland has the right to regulate the notices lenders sent to borrowers before they repossess goods bought on a retail installment contract, and the 4th Circuit vacates dismissal of plaintiff car buyer’s putative class action. The [...]

No Tower in Residential Area

By Deborah Elkins
Published: March 28, 2012
Tags: 4th U.S. Circuit Court of Appeals, Judge G. Steven Agee, Zoning

A county board of supervisors’ denial of a special exception permit to allow construction of an 88-foot cell phone tower in a residential neighborhood in Fairfax, Va., did not violate the Telecommunications Act of 1996; the 4th Circuit says substantial evidence supported the board’s decision, and the permit denial did not effectively prohibit wireless services [...]

Citizens-Only FOIA Valid, Court Says

By Deborah Elkins
Published: February 13, 2012
Tags: 4th U.S. Circuit Court of Appeals, Civil Rights, Judge G. Steven Agee

Non-Virginia citizens who were denied access under the Virginia Freedom of Information Act to certain public records from Virginia state agencies, including information related to a child support matter and county real estate assessments, lose their suit alleging the Virginia Freedom of Information violated the Privileges & Immunities Clause of the U.S. Constitution Clause, in [...]

No Fees for Felon on Firearms Charge

By Deborah Elkins
Published: February 1, 2012
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge G. Steven Agee

A felon convicted for possession of a firearm in violation of 18 U.S.C. § 922(g)(1) cannot be ordered to repay the costs for his court-appointed attorney pursuant to 18 U.S.C. § 3006A(f), and the 4th Circuit vacates the district court order to pay attorney’s fees. Defendant challenges the constitutionality of § 922(g)(1). We note the [...]

Illegal Stop Not Purged by Assault

By Deborah Elkins
Published: February 1, 2012
Tags: 4th U.S. Circuit Court of Appeals, Judge G. Steven Agee, Search & Seizure

The 4th Circuit upholds suppression of a gun seized from a vehicle passenger during an illegal stop, and rejects the government’s argument that the illegality of the stop was purged when defendant resisted arrest and assaulted an officer. The district court found as a factual matter that an officer could not see the slight crack [...]

Court Upholds Detention for ‘Sexually Dangerous’

By Deborah Elkins
Published: January 12, 2012
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge G. Steven Agee

In one of the first cases arising out of the civil commitment system established by § 4248 as part of the Adam Walsh Child Protection and Safety Act of 2006, the 4th Circuit upholds the statute against due process and equal protection claims, reverses the district court order to release appellant Gerald Wayne Timms, and [...]