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Criminal Law

Supervised Release – Continuation Post-Revocation – Successive Revocations – Maximum Sentence (access required)

Revocation of defendant’s supervised release did not terminate his supervised release, so the district court had jurisdiction over a violation report filed while defendant was serving his one-month revocation sentence. Furthermore, the 60-month maximum for a term of supervised release ...

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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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Constitutional – Ineffective Assistance – Plain Error Standard – Sentencing (access required)

On direct appeal, this court found no plain error in defendant’s sentencing as a career offender; however, trial counsel’s failure to do research or to object led to a much longer sentence than defendant would otherwise have received. The standards ...

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Vehicle Occupant’s Conviction for Shooting “At” the Vehicle Upheld (access required)

The court of appeals affirmed the conviction of appellant Robert Lee Jones for maliciously shooting at an occupied vehicle in violation of Code § 18.2-154, approving the trial court’s conclusion that, under the statute, a defendant can shoot “at” a ...

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Victim’s Body Never Found, But Murder Conviction Stands (access required)

The court of appeals concluded that appellant Michael Anthony Edwards was tried for murder in the proper venue and that his conviction was supported by sufficient evidence. Edwards had been romantically involved with the victim, Leyla Namiranian, a Chesterfield resident. ...

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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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Child Pornography – First Impression – Peer-to-Peer Sharing – ‘Distribution’ (access required)

The 4th Circuit joins its sister circuits in holding that, where files have been downloaded from a defendant’s collection of child pornography images, use of a file-sharing program constitutes distribution under 18 U.S.C. § 2252A. We affirm the district court’s ...

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