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Tag Archives: Judge Roger L. Gregory

Appeals – Untimely – First Impression – Sua Sponte Dismissal (access required)

It is the government’s responsibility to raise the issue of the untimeliness of a defendant’s appeal; however, the defendant in this case had already pursued collateral review before he filed his direct appeal more than three years late. This is ...

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Sentencing – Procedurally Unreasonable – Downward Departure Arguments (access required)

In imposing a within-Guidelines sentence on defendant for armed robbery and brandishing a firearm during a crime of violence, the district court made cursory reference to two of defendant’s arguments for a downward departure (his opiate addiction and the influence ...

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Eighth Amendment – ‘Rough Ride’ – Excessive Force – Deliberate Indifference (access required)

If, as the plaintiff-prisoner forecasts, prison guards gave him a “rough ride” in a prison van in order to teach him a lesson about filing grievances, then the driver used excessive force and the other guard was deliberately indifferent. The ...

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Appeals court rebukes prosecutors in death penalty case (access required)

4tth Circuit Seal FEA

A federal appeals court panel has ordered an evidentiary hearing to determine if undisclosed evidence could upset the conviction of a man sentenced to die for the 2004 Norfolk murders of four people, including two preschool girls. Ruling that U.S. ...

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Court Reinstates $2.3M Win for Pretrial Detainee (access required)

The 4th Circuit reverses a Maryland district court and reinstates plaintiff’s $2.3 million jury award against Baltimore police officers for violation of plaintiff’s civil rights in the use of questionable investigative strategies – including the officers’ failure to inform the ...

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First-Offender Drug Plea Was ‘Conviction’ (access required)

Petitioner’s 2005 criminal proceedings under a first-offender statute for cocaine possession, Va. Code § 18.2-251, constituted a “conviction” as defined in 8 U.S.C. § 1101(a)(48)(A), making petitioner, a Mexican citizen, ineligible for cancellation of removal; the 4th Circuit denies his ...

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No Qualified Immunity for Prisoner Retaliation Claim (access required)

The 4th Circuit reinstates plaintiff prisoner’s First Amendment claim against defendant correctional officials who allegedly retaliated against him by filing an “Incident Report” after he complained that the mailroom supervisor had opened his confidential legal mail; the district court erred ...

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