Judge G. Steven Agee | Virginia Lawyers Weekly

Criminal – Child Pornography – Computer Chat – Miranda Warnings – ‘Custody’

By Deborah Elkins
Published: November 23, 2010
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge G. Steven Agee

Although 10 to 15 agents, some armed, showed up at defendant’s home at 6:00 a.m. to roust him from bed and question him about Internet chats intended to make underage females his “sex slaves,” only two agents questioned the pajama-clad defendant at the kitchen table, and the 4th Circuit says defendant was not in “custody” [...]

Administrative – Gun Sales – ‘Manufacturer’ Or ‘Dealer’

By Deborah Elkins
Published: November 18, 2010
Tags: 4th U.S. Circuit Court of Appeals, Administrative, Judge G. Steven Agee

A man who sold guns from the basement of his home in Covington,Va., is a “manufacturer” of firearms under the Gun Control Act of 1968, and the 4th Circuit affirms summary judgment for defendant, an investigator of the Bureau of Alcohol, Tobacco, Firearms & Explosives, who reported the man for failure to have a manufacturer’s [...]

Alma mater recognizes career of 4th Circuit Judge Agee

By Virginia Lawyers Weekly
Published: November 15, 2010
Tags: Judge G. Steven Agee

Bridgewater College presented its Distinguished Alumni Award to 4th U.S. Circuit Judge G. Steven Agee at the college’s annual President’s Dinner earlier this month. The Distinguished Alumni Award was established to annually recognize a graduate of the college for his or her vocational and professional achievements. Attention is also given to recognition the individual has [...]

Civil Rights – Excessive Force – Reach For Taser – Gunshot In Elbow

By Deborah Elkins
Published: September 28, 2010
Tags: 4th U.S. Circuit Court of Appeals, Civil Rights, Judge G. Steven Agee

A Maryland deputy who reached for his Taser, but grabbed his Glock instead when he tried to execute a warrant after defendant failed to appear on a child support-related charge, has qualified immunity from the man’s suit under 42 U.S.C. § 1983, but not under state law, for injuries from being shot in the elbow, [...]

Criminal – Habeas – Detainer – ‘Anti-Shuttling’ Provision

By Deborah Elkins
Published: August 23, 2010
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge G. Steven Agee

Although West Virginia likely did violate the IADA in this case, the 4th Circuit is constrained by a 1981 decision that a violation of the “trial before return” provision of the Interstate Agreement on Detainers is not cognizable on federal habeas review, despite more recent decisions from the U.S. Supreme Court. Petitioner Pethtel first argues [...]

Criminal – Kidnap Conspiracy – New Trial Motion

By Deborah Elkins
Published: August 19, 2010
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge G. Steven Agee

The 4th Circuit affirms defendant Lorenzo Wilson’s convictions for conspiracy to kidnap, in violation of 18 U.S.C. § 1201(c) and § 2, his sentence of life imprisonment for that offense, as well as the district court’s denial of a new trial. Wilson’s case was severed from the joint trial of Lighty and Flood because of [...]

Criminal – Felon In Possession – Misdemeanor Domestic Violence

By Deborah Elkins
Published: June 3, 2010
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge G. Steven Agee

A conviction for assault and battery in Virginia does not require “physical force” as an element of the crime, and so defendant’s conviction for assault and battery of a family or household member, in and of itself, does not meet the federal statutory definition of “misdemeanor crime of domestic violence”; as the record here does [...]

Criminal – Impersonating An Officer – Contract Security Guard

By Deborah Elkins
Published: June 2, 2010
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge G. Steven Agee

Although defendant was a private detective and had worked as a contract security officer at Goddard Space Flight Center property, he was not authorized to patrol a federal parkway and make arrests, and the 4th Circuit affirms his conviction for impersonating a federal law enforcement officer. The district court did not err in allowing a [...]

Taxation – Taxable Event – Sale of Business Interest

By Deborah Elkins
Published: April 21, 2010
Tags: 4th U.S. Circuit Court of Appeals, Judge G. Steven Agee, Taxation

A consulting partner’s sale of his interest in a subsidiary of Ernst & Young LLP was a fully taxable event in the year 2000, and the 4th Circuit upholds the government’s demand for repayment of an erroneous tax refund to the partner. Applying a two-part test under Gen. Ins. Agency Inc. v. Comm’r, 401 F.2d [...]

Contract – False Claims Act – Release – Pleading Fraud

By Deborah Elkins
Published: March 31, 2010
Tags: 4th U.S. Circuit Court of Appeals, Contract, Judge G. Steven Agee

A former employee of Purdue Pharma cannot pursue his qui tam action against the company; although the 4th Circuit says the district court erred in not enforcing a release executed by the employee, the court affirms the judgment dismissing the suit with prejudice for failure to satisfy the strict Rule 9(b) pleading requirements for fraud [...]

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