Virginia Lawyers Weekly VA Lawyers Weekly

Because a defendant may complete the final element of an aggravated RICO conspiracy without using, attempting to use or threatening to use physical force, an aggravated RICO conspiracy is not categorically a crime of violence. Background Antonio Simmons, Nathaniel Mitchell ...

Tagged with: 4th U.S. Circuit Court of Appeals

Where the 411-month sentence being served by a 44-year-old armed bank robber was at least 10 years longer than similarly situated defendants sentenced after the First Step Act, and his employment history, volunteerism and educational accomplishments during his 25 years ...

Tagged with: Criminal U.S. District Court - Eastern District

Where Dylan Roof, a white supremacist who pleaded guilty to killing nine members of a Charleston, South Carolina, church, made multiple challenges to his death sentence, including that he lacked competency to stand trial, that it was error to allow ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal

Where the prosecutor’s improper statements during closing arguments on charges of sexual assault, including asking the jury to convict the defendant based on the prospective sins of others, the remarks so prejudiced the defendant’s substantial rights that he was denied ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Julius N. Richardson

The court joined two other circuits in holding that the Employee Retirement Income Security Act of 1974, or ERISA, doesn’t prevent the government from garnishing the retirement assets of a defendant in order to satisfy a criminal restitution order under ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Pamela A. Harris

Where an attorney argued during a plea withdraw hearing against his client’s motion to withdraw his guilty plea, that conflict of interest warrants a new hearing with conflict-free counsel. Background Tekoa Glover raises two independent claims for relief from his ...

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

Where the defendant was charged with assault with a dangerous weapon, which inherently includes that he intended to commit the assault with violent force, his predicate conviction qualified as a crime of violence. Background On April 8, 2011, Dearnta Lavon ...

Tagged with: Criminal Judge Raymond A. Jackson U.S. District Court - Eastern District

Although a credit card holder that appellant cared for gave appellant permission to use her credit card to buy the holder books and groceries, evidence of extensive purchases made for other goods and services was sufficient to convict appellant of ...

Tagged with: Criminal Judge Clifford L. Athey Jr. Virginia Court of Appeals

Where appellant previously pleaded guilty to a felony hit and run and driving on a suspended license, a later “agreement” the parties proffered to the trial court is best understood as a sentencing recommendation rather than a modified plea agreement. ...

Tagged with: Criminal Judge Richard Y. AtLee Jr. Virginia Court of Appeals

The trial court erred by weighing a COVID-19 delay significantly in defendant’s favor when dismissing the charges against him on constitutional speedy trial grounds. Length of delay “The Commonwealth contends that the circuit court’s constitutional speedy trial analysis was erroneous ...

Tagged with: Criminal Judge Marla Graff Decker Virginia Court of Appeals