Contempt Complaint for Former Franchisees

Kidnapping is Lesser Included Offense of Hostage-Taking

By Deborah Elkins
Published: December 5, 2012
Tags: Criminal, Judge Rebecca Beach Smith, U.S. District Court - Eastern District

In this prosecution of Somali defendants for piracy and related crimes, a Norfolk U.S. District Court finds that the Kidnapping Statute and the Hostage Taking Statute impermissibly overlap for purposes of double jeopardy because kidnapping is a lesser included offense of hostage taking; however, the court agrees with the government that it would be premature [...]

Discovery Denied on Hostage SOPs

By Deborah Elkins
Published: November 28, 2012
Tags: Criminal, Judge Rebecca Beach Smith, U.S. District Court - Eastern District

In this prosecution of defendant Somali sailors for seizure of the sailing vessel Quest in February 2011 and capital murder in the deaths of four Americans on board the seized vessel, a Norfolk U.S. District Court denies defendants’ motion to discover documents on the “rules of engagement” (ROE) in effect on the date of the [...]

Non-Statutory Factors Stand in Pirate Case

By Deborah Elkins
Published: November 28, 2012
Tags: Criminal, Judge Rebecca Beach Smith, U.S. District Court - Eastern District

A Norfolk U.S. District Court denies a motion by defendant Somali sailors accused of the seizure of the sailing vessel Quest in February 2011, who are charged with capital murder in the deaths of four Americans on board the seized vessel, to strike multiple non-statutory aggravating factors cited by the government in its Notice of [...]

Stay Lifted, Drug Sentence Reduced

By Deborah Elkins
Published: November 20, 2012
Tags: Criminal, Judge Rebecca Beach Smith, U.S. District Court - Eastern District

In the wake of the 2012 U.S. Supreme Court decision in Dorsey v. U.S., the Norfolk U.S. District Court grants defendant’s motion for a reduction in his mandatory minimum sentence under the Fair Sentencing Act of 2010 on a cocaine distribution charge. The full background of this case is detailed in the court’s Feb. 7, [...]

Resentencing Request is ‘Successive’ Petition

By Deborah Elkins
Published: November 19, 2012
Tags: Criminal, Judge Rebecca Beach Smith, U.S. District Court - Eastern District

A defendant convicted on conspiracy to distribute cocaine, crack cocaine and heroin, and sentenced to life in prison, cannot seek resentencing based on his claim that in 2011 the U.S. Supreme Court created a new rule of law applicable to his case, and the Norfolk U.S. District Court denies this pro se petitioner’s motion to [...]

Trademark Claim Support Alter Ego Theory

By Deborah Elkins
Published: November 7, 2012
Tags: Intellectual Property, Judge Rebecca Beach Smith, U.S. District Court - Eastern District

A softball association has stated a claim against an individual defendant based on a theory that he is the alter ego for defendant softball organization, supported in part by the association’s claims for trademark infringement. Plaintiff York Amateur Softball Association claims to own the service marks “Virginia Legends Fastpitch and Design” and “Virginia Legends.” It [...]

Former Franchisees Must Pay Attorney’s Fees

By Deborah Elkins
Published: November 5, 2012
Tags: Contract, Judge Rebecca Beach Smith, U.S. District Court - Eastern District

A Norfolk U.S. District Court orders former franchisees, who were required to return to franchisor customer lists, customer tax returns, files and an operations manual for the tax preparation service, to pay $9,261 in attorney’s fees to plaintiff franchisor. Plaintiff JTH Tax Inc. entered into franchise agreements with defendants in 2004. JTH terminated the franchise [...]

No Sentence Reduction on ‘Career Offender’ Status

By Deborah Elkins
Published: October 15, 2012
Tags: Criminal, Judge Rebecca Beach Smith, U.S. District Court - Eastern District

As defendant procedurally defaulted on his claim that he did not have the requisite prior convictions to be sentenced as a “career offender,” a Norfolk U.S. District Court denies his 28 U.S.C. § 2255 motion for a sentence reduction. Defendant contends he no longer qualifies as a career offender under USSG § 4B1.1 after the [...]

Employer Could Change Attendance Policy

By Deborah Elkins
Published: October 15, 2012
Tags: Employment Discrimination, Judge Rebecca Beach Smith, U.S. District Court - Eastern District

An employer wins summary judgment in plaintiff’s suit alleging age and disability discrimination; the Newport News U.S. District Court says employer proved plaintiff was terminated after she failed to return to work following expiration of her extended leave under the Family Medical Leave Act. Plaintiff admits she used 12 weeks of FMLA leave within a [...]