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Tag Archives: Judge Rebecca Beach Smith

‘Residual Clause’ Cases Do Not Save Motion (access required)

A petitioner cannot use recent U.S. Su­preme Court decisions on the ACCA’s re­sidual clause to mount an untimely chal­lenge to his sentence as a career offender under federal sentencing guidelines based on his prior Virginia convictions; the Nor­folk U.S. District ...

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‘Residual Clause’ Cases Do Not Save Motion (access required)

A petitioner cannot use recent U.S. Supreme Court decisions on the ACCA’s residual clause to mount an untimely challenge to his sentence under federal sentencing guidelines that treated his North Carolina convictions for possession of a sawed-off shotgun and attempted ...

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No Business Tort Claims from Failed Venture (access required)

A businessman who, following bankruptcy of a struggling business venture, has sued his partners alleging various business tort claims, sees his claims for tortious inter­ference, fraud and business conspiracy dis­missed by the Norfolk U.S. District Court, on recommendations from the ...

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Court Dismisses NASA Engineer’s Job Claims (access required)

In plaintiff engineer’s suit alleging his su­pervisor at NASA, the federal space agen­cy, violated Title VII by subjecting plaintiff to an unfair performance improvement plan and then terminated him even though plaintiff “performed all of the tasks assigned to him ...

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