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Author Archives: Rebecca M. Lightle

4th Cir.: Sentence-reduction motion was in feds’ discretion (access required)

By the unambiguous terms of a plea agreement, the government had discretion to determine whether the defendant had complied with his obligation under the agreement to give full and complete testimony when asked. Given this discretion, it was not required ...

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4th Cir.: No late substitute for unconstitutional predicate (access required)

After U.S. Supreme Court precedent invalidated one of the defendant’s three predicate convictions mandating a sentence enhancement under the Armed Career Criminal Act, his sentence could not be sustained by a “substitute” conviction that appeared on his pre-sentence report but ...

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018-3-352 – United States v. Haas (access required)

United States v. Haas, Case No. 3:16cr139, Aug. 23, 2018. EDVA at Richmond (Payne). VLW No. 018-3-352, 18 pp. Download Full-Text Opinion

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018-3-351 – United States v. Myers (access required)

United States v. Myers, Case No. 2:18cr95, Aug. 23, 2018. EDVA at Norfolk (Doumar). VLW No. 018-3-351, 16 pp. Download Full-Text Opinion

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018-2-178 – United States v. Burks (U)

United States v. Burks, Case No. 17-4143, Aug. 23, 2018. 4th Cir. (Brinkema), from WDNC at Charlotte (Cogburn). Noell Peter Tin for Appellant; Amy Elizabeth Ray for Appellee. VLW No. 018-2-178, 22 pp. Full-Text Opinion

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018-6-062 – Primov v. Serco Inc. (P)

Primov v. Serco Inc., Record No. 171381, Aug. 23, 2018. SCV (Goodwyn), from Fairfax Cir. Ct. (White). VLW No. 018-6-062, 11 pp. Full-Text Opinion

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WDVA: Despite firing harasser, employer could be liable (access required)

A plaintiff’s hostile-work-environment claim against his employers can proceed to trial. The plaintiff presented evidence of severe and pervasive harassing conduct based on sex, with no response by their supervisor. Despite firing both the harasser and the supervisor, the defendants ...

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018-3-350 – Lupole v. United States

Lupole v. United States, Case No. 7:17cv355, Aug. 22, 2018. WDVA at Roanoke (Dillon). VLW No. 018-3-350, 6 pp. Full-Text Opinion

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