Virginia Lawyers Weekly VA Lawyers Weekly

The district court did not err in sentencing the defendant to a longer term because of three prior convictions for criminal domestic violence, because those convictions categorically qualified as a “violent felony” under the Armed Career Criminal Act, or ACCA. ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge William B. Traxler Jr.

An individual’s post-trial attack on his conviction for conspiring to distribute cocaine failed when the court held the government satisfied its discovery obligations. Background In October 2015, Arnulfo Fagot-Maximo and five co-conspirators were charged in a single count indictment with ...

Tagged with: Criminal Judge Liam O'Grady U.S. District Court - Eastern District

The U.S. could not be sued for the unlawful detention and removal of an El Salvadoran native who obtained derivative U.S. citizenship when his father became a naturalized citizen in 1995 because the decisions by immigration officials to investigate, detain ...

Tagged with: Criminal Judge T.S. Ellis III U.S. District Court - Eastern District

Although the police were not required to give Miranda warnings to defendant before questioning him while executing a search warrant, the warnings provided were constitutionally sufficient. Facts Defendant Spinner’s father-in-law was a murder victim. Spinner and the victim’s daughter, Tamara, ...

Tagged with: Criminal Justice Charles S. Russell Supreme Court of Virginia

Where defendant was arrested on a rape warrant, and, after a preliminary hearing, the matter was referred to a grand jury, which issued an indictment of rape, second offense, the trial court correctly refused to dismiss the indicted charge after ...

Tagged with: Criminal Supreme Court of Virginia Unpublished Opinion

A husband, who was in the midst of a contentious divorce from his wife, was properly convicted of his wife’s murder where one of his children and two of his friends identified him as the man in security camera video ...

Tagged with: Criminal Judge Mary B. Malveaux Virginia Court of Appeals

The district court erred by revoking the defendant’s supervised release on the basis he had been found guilty of possession with intent to distribute “crack cocaine” because the evidence showed the drug was powder cocaine. However, because possessing and intending ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Roger L. Gregory

A defendant could not argue the statute of limitations expired on his illegal reentry charge because he fled from justice in the intervening years, which tolled the statute of limitations. Background Delfino Natalio De Leon-Ramirez was indicted for illegal reentry ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Henry E. Hudson

A defendant who was already ordered to disgorge funds as a result of a civil action brought by the Securities and Exchange Commission can still be criminally charged for some of the same conduct because the disgorgement penalty was not ...

Tagged with: Criminal Judge Mark Davis U.S. District Court - Eastern District

A defendant lost his motion to dismiss an illegal re-entry indictment claiming that a prior notice to appear was deficient. The ruling is in accord with numerous district court decisions holding that compliance with immigration regulations is sufficient under the ...

Tagged with: Criminal Judge Robert E. Payne U.S. District Court - Eastern District