Virginia Lawyers Weekly VA Lawyers Weekly

Appellant’s convictions and sentences for production of child pornography and possession of child pornography do not violate double jeopardy principles. Possession of child pornography is not a lesser-included offense of production of child pornography. Background Appellant was 17 years old ...

Tagged with: Criminal Judge Wesley G. Russell Jr. Virginia Court of Appeals

A prisoner who requested reduced sentence or home confinement because of COVID-19 failed to exhaust his administrative remedies and did not argue the requirement should be waived. And because the recently-passed Coronavirus Aid, Relief, and Economic Security, or CARES, Act, ...

Tagged with: Criminal Judge Rebecca Beach Smith U.S. District Court - Eastern District

A defendant who had a “violent and dangerous past” and has tested positive for COVID-19 did not demonstrate “extraordinary and compelling” circumstances warranting early release given his minor symptoms, the need to protect the public at large and the absence ...

Tagged with: Criminal Judge Jackson L. Kiser U.S. District Court - Western District

An inmate convicted of stealing $850,000 from 80 victims was granted early release from prison. His inability to ambulate due to the loss of his legs forces him to interact more with staff and poses greater difficulty in adhering to ...

Tagged with: Criminal Judge Norman K. Moon U.S. District Court - Western District

Where a bank robber suffered from serious health conditions that would render him virtually defenseless if he were to become infected with COVID-19, including chronic liver disease and a history of severe cardiac issues, he was excused from compliance with the ...

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

Where the same drug dealing conduct was the basis for counts of possession with intent to distribute and distribution of controlled substances, the counts required proof of different elements and were therefore not duplicitous. Background This matter is before the ...

Tagged with: Criminal Judge Michael F. Urbanski U.S. District Court - Western District

Although the defendant argued he did not know his prior domestic violence convictions were labeled under federal law as “misdemeanor crimes of domestic violence,” that is not the law. His general knowledge was sufficient to support his conviction for possession ...

Tagged with: Criminal Judge James P. Jones U.S. District Court - Western District

Where defendant was arrested as a robbery suspect and told police about his drug use in the days before the robbery, those statements are inadmissible when he later became a suspect in a robbery committed the previous month. Background Blowe ...

Tagged with: Criminal Judge David W. Lannetti Norfolk Circuit Court Virginia Circuit Courts

Where petitioner refused to waive extradition to New Jersey, the court must determine whether he has the requisite capacity to assist his counsel in the extradition process. Court’s synopsis “The Court has considered the Petition for a Writ of Habeas ...

Tagged with: Criminal Fairfax Circuit Court Judge David Bernhard Virginia Circuit Courts

A former CEO of an electronics recycling company failed to get his convictions for securities fraud and conspiracy to commit money laundering overturned because he could not support his allegations that the district court erred by denying his motions for ...

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