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Pregnancy Center Wins ‘Speech’ Injunction

By Deborah Elkins
Published: July 3, 2012
Tags: 4th U.S. Circuit Court of Appeals, Civil Rights, Judge Paul V. Niemeyer

A Maryland limited-services pregnancy services center wins an injunction against enforcement of a local ordinance that would require it to post a sign saying it did not have a “licensed medical professional on staff”; the 4th Circuit reverses the district court’s denial of an injunction to the center. The district court granted the center’s motion [...]

Pregnancy Center Speech Regulation Struck

By Deborah Elkins
Published: July 3, 2012
Tags: 4th U.S. Circuit Court of Appeals, Civil Rights, Judge Paul V. Niemeyer

The 4th Circuit upholds summary judgment for a Baltimore “Pregnancy Center” on its challenge to a local ordinance the Center said violated its free speech rights by compelling it to post signs saying the Center did not provide or make referral for abortion or birth control services. Archbishop Edward F. O’Brien, St. Brigid’s Roman Catholic [...]

Mandatory Minimum Sentence for Sex Movies

By Deborah Elkins
Published: July 3, 2012
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge Paul V. Niemeyer

A defendant convicted of receipt of movies depicting female minors in sexual acts cannot overturn his 15-year mandatory minimum sentence under 18 U.S.C. § 2252A(b)(1) with a claim that the trial court misinterpreted his earlier conviction for possession of obscene items involving children under Va. Code § 18.2-374.1(B)(2). Defendant argues his 1984 conviction under the [...]

Advocacy Group Loses Election Law Challenge

By Deborah Elkins
Published: June 19, 2012
Tags: 4th U.S. Circuit Court of Appeals, Civil Rights, Judge Paul V. Niemeyer

Appellant, a Virginia nonprofit group called “The Real Truth About Abortion Inc.,” loses its constitutional challenge to a regulation of the Federal Election Commission that appellant says is unconstitutionally vague with regard to whether “Real Truth” has to make disclosures as a “political action committee.” Real Truth says it is not subject to regulation but [...]

Conspiracy From Informant’s Contacts

By Deborah Elkins
Published: May 16, 2012
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge Paul V. Niemeyer

A defendant convicted of distribution of crack cocaine for sale of drugs to a confidential informant also can be convicted of conspiracy to traffic crack cocaine, based on his interactions with the confidential informant before he started working as a government agent after his arrest; the 4th Circuit affirms defendant’s convictions and his life sentence. [...]

Venue for ‘Fishy’ False Statement

By Deborah Elkins
Published: April 2, 2012
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge Paul V. Niemeyer

The government could prosecute a District of Columbia seafood wholesaler and two of its employees in Maryland federal court on charges of buying untagged and oversized striped bass, and the employees for giving a false statement to federal law enforcement officers, and the 4th Circuit affirms defendants’ convictions and the restitution order of $300,000 to [...]

Vehicular Flight is ACCA ‘Violent Felony’

By Deborah Elkins
Published: March 13, 2012
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge Paul V. Niemeyer

A defendant’s “fleeing or eluding” conviction under Florida law is a violent felony that allows defendant to be sentenced under the Armed Career Criminal Act on a weapon possession charge, the 4th Circuit says. The Florida statute, Fla. Stat. § 316.1935(2), punishes one who willfully flees or attempted to elude a marked law enforcement patrol [...]

Victim Age at Issue for ‘Threat’ Crimes

By Deborah Elkins
Published: March 7, 2012
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge Paul V. Niemeyer

The 4th Circuit affirms criminal convictions of a “Commander” of the American National Socialist Workers’ Party for threatening and intimidating individuals, as well as a $545,000 civil judgment in favor of defendant’s victims, but vacates defendant’s 30- month sentence and remands for resentencing because the trial judge failed to consider defendant’s knowledge that some of [...]

Court Cautions Against ‘Drive-By’ Jurisdiction Rulings

By Deborah Elkins
Published: February 29, 2012
Tags: 4th U.S. Circuit Court of Appeals, Admiralty, Judge Paul V. Niemeyer

Invoking the Supreme Court’s warning against “drive-by jurisdictional rulings,” the 4th Circuit sorts out the differences between motions under 12(b)(1) and 12(b)(6) and reverses the district court’s dismissal of a Jones Act claim, saying plaintiff’s allegation of injury to his hand from a dockside conveyor belt stated a Jones Act claim. Plaintiff’s complaint purports to [...]