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Criminal Law

EDVA: Police threats implied custody, triggered Miranda (access required)

A drug-trafficking defendant’s conversation with police officers was custodial when police repeatedly implied that they would arrest him that day if he didn’t become an informant, causing him to lose his job. Because these threats constituted a custodial interrogation without ...

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EDVA: Firearm discovered in Terry stop suppressed (access required)

Police responding to gunfire in a Richmond neighborhood unreasonably detained a group of men walking away from where they heard shots. As a result, a firearm discovered after police detained the defendant was suppressed. Background Defendant Billy Curry was indicted ...

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4th Cir.: “Sexually dangerous person” finding affirmed (access required)

Although the defendant claimed that he could control his pedophilic impulses and that his past behavior was limited to mere exhibition, not “hands-on offenses,” the district court properly found him to be a “sexually dangerous person.” Background Appellant Kaylan Bell ...

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4th Cir.: Conviction, sentence affirmed for bank fraudster (access required)

The district court did not err in any respect in convicting and sentencing a defendant alleged to be the ringleader of a conspiracy to convert funds from Capital One accountholders. Background Between January and April 2012, Appellant Junaidu Savage and ...

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4th Cir.: Song lyric as Facebook status was party admission (access required)

In a firearms-possession case, the defendant’s Facebook post adopted the admission: “It’s Always Tucked, Kuz I’ll B Damn If My Life Get Took!!” The phrase closely mirrored a song lyric, but contained no attribution and was probative of the conduct ...

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4th Cir.: Injunction denial required specific findings (access required)

Appellant Douglas A. Hoglan, a Virginia inmate, appeals the district court’s order denying his motion for a preliminary injunction to stop the enforcement of certain provisions governing incoming prisoner mail. In particular, Hoglan challenges the institutional requirement that images with ...

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4th Cir.: Prior wounding offense merited enhanced sentence (access required)

By requiring not only the causation of bodily injury but also the specific intent to maim, disfigure, disable, or kill, Virginia unlawful wounding offense necessarily involves the use of violent force or, at minimum, the attempted or threatened use of ...

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EDVA: Houses were seizable assets traceable to crimes (access required)

In a prosecution for mail and wire fraud, money-laundering conspiracy, and identity theft, the government properly seized the defendant’s two homes, having probable cause to believe those assets will ultimately be proved at trial to be forfeitable as tainted by ...

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EDVA: Residential trash supported home search (access required)

Items recovered from a trash can associated with the defendant’s home — including plastic bags containing cocaine residue and Google directions listing his home as the starting address — sufficiently supported probable cause for a warrant to search his residence. ...

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