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Tag Archives: Judge J. Harvie Wilkinson III

Defendant Can’t Show ‘Extraordinary Circumstances’ (access required)

A defendant convicted of the drug-related first-degree murder of two men in 1997 cannot overturn a district court’s denial of his Rule 60(b)(6) motion for relief from judgment as untimely; the 4th Circuit upholds denial of his motion filed years ...

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Plea Waiver Covered Appeal of Sentence Enhancement (access required)

Although defendant’s plea agreement allowed her to appeal any upward departure from the federal sentencing guideline range for her sentence on a bank fraud conviction, the agreement bars her from challenging the establishment of her relevant guideline range; the 4th ...

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Court Upholds Virginia COPN Program (access required)

Virginia’s Certificate of Public Need program governing the establishment and expansion of certain medical facilities inside the commonwealth does not discriminate against appellant medical care facilities or unduly burden interstate commerce; the 4th Circuit upholds the COPN regulatory scheme. Virginia ...

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Mental Health Inquiry Was Adequate (access required)

The 4th Circuit rejects a Senegalese native’s petition challenging the Board of Immigrations Appeals’  denial of a continuance or administrative closure of petitioner’s removal proceedings so he could receive a mental health evaluation; the immigration judge did not err procedurally ...

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