Election Officials Violated NVRA

Internet Enticement Conviction Upheld

By Deborah Elkins
Published: January 8, 2013
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge J. Harvie Wilkinson III

A defendant has not shown any cause and prejudice or actual innocence that would justify post-conviction relief in connection with his guilty plea to enticing/attempting to entice a minor to engage in illegal sexual activity, as the 4th Circuit rejects defendant’s interpretation of “sexual activity” to require interpersonal physical contact. Defendant’s primary contention is that [...]

Defendant’s Absence at Discovery Hearing Not Plain Error

By Deborah Elkins
Published: December 5, 2012
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge J. Harvie Wilkinson III

On plain error review, the 4th Circuit holds that a district court did not err in holding a hearing not attended by defendant on defense counsel’s motion in limine to exclude prosecution expert witnesses identified only two days before trial. Two days before defendant’s trial on charges of methamphetamine manufacture, firearm possession and illegal alien [...]

Employer Can’t Pull Back ERISA Contributions

By Deborah Elkins
Published: December 4, 2012
Tags: 4th U.S. Circuit Court of Appeals, Employment, Judge J. Harvie Wilkinson III

In this dispute over employer U.S. Foodservice Inc.’s alleged overpayment of contributions to employee health and pension funds under the parties’ Collective Bargaining Agreements, the 4th Circuit says the plan administrator did not abuse its discretion in refusing to reimburse employer for making health fund contributions that accounted for some overtime hours; the judgment ordering [...]

Defense Contractor’s Extradition Challenge Rejected

By Deborah Elkins
Published: December 4, 2012
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge J. Harvie Wilkinson III

The 4th Circuit affirms wire fraud, conspiracy and money laundering convictions for a defendant extradited from Mexico, who set up serial businesses to win government contracts to supply defective and nonconforming spare parts for use in U.S. military aircraft, vehicles and weapons systems, jeopardizing the safety and mission of service personnel, and who had coconspirators [...]

Forfeiture Procedure Upheld for Chinese Coins

By Deborah Elkins
Published: October 24, 2012
Tags: 4th U.S. Circuit Court of Appeals, Administrative, Judge J. Harvie Wilkinson III

The 4th Circuit rejects appellant coin importer’s challenge to the government’s seizure of coins, based on restrictions on Chinese and Cypriot cultural property under the Convention on Cultural Property Implementation Act, 19 U.S.C. §§ 2601-2613; Congress already has prescribed civil forfeiture as a vehicle through which importers can challenge seizure and detention of potentially protected [...]

Impersonating Officer Not ‘Free Speech’

By Deborah Elkins
Published: August 16, 2012
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge J. Harvie Wilkinson III

The 4th Circuit says a former deputy sheriff who told an officer he was a deputy in an attempt to avoid a speeding ticket cannot overturn his conviction for impersonating an officer by claiming the Virginia statute at issue, Va. Code § 18.2-174, violated his First Amendment right to free speech. The driver, who was [...]

No First Amendment Claim for Guard Grievances

By Deborah Elkins
Published: July 11, 2012
Tags: 4th U.S. Circuit Court of Appeals, Civil Rights, Judge J. Harvie Wilkinson III

Two Virginia correctional officers cannot sue for alleged unlawful firing for exercise of their First Amendment free-speech rights; the 4th Circuit says complaints about an employee’s own duties pursued through an internal grievance procedure do not relate to a matter of public concern. Plaintiffs, former employees at the Rustburg Correctional Unit #9, are James Brooks [...]

Claim Exhausted Without Wheelchair Mention

By Deborah Elkins
Published: July 3, 2012
Tags: 4th U.S. Circuit Court of Appeals, Employment Discrimination, Judge J. Harvie Wilkinson III

A public health nurse who said her employer violated the Americans with Disabilities Act by not allowing her to use a wheelchair for her restrictions after foot surgery gets another chance to try her case, as the 4th Circuit says the district court erred in saying she had not exhausted her administrative remedies by mentioning [...]

Pastors’ Tax Evasion Convictions Upheld

By Deborah Elkins
Published: July 3, 2012
Tags: 4th U.S. Circuit Court of Appeals, Judge J. Harvie Wilkinson III, Taxation

A couple who served as co-pastors of a North Carolina church are convicted of tax evasion for omitting millions of dollars of taxable income from their jointly filed tax returns; the 4th Circuit rejects the taxpayers’ claims that they did not “knowingly” underreport their income. Taxpayers contend the district court issued two jury instructions that [...]