Tag Archives: 4th U.S. Circuit Court of Appeals

PSA ambiguous on ex-wife’s right to insurance proceeds (access required)

Where a property settlement agreement was ambiguous on whether an ex-wife relinquished her rights to the husband’s life insurance policy as part of their divorce, the district court erred by awarding the policy’s proceeds to the decedent’s daughter. The issue ...

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‘Injudicious’ remarks about dogfighting do not require recusal (access required)

Although a judge’s comments about pit bulls and dogfighting made after vivid photos and videos were presented during the sentencing of defendants convicted of dogfighting and drug-trafficking offenses were “injudicious,” they did not require recusal. Nor were the sentences procedurally ...

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Defendant in bank fraud schemes entitled to resentencing (access required)

Where a defendant convicted in two bank fraud schemes was sentenced under an enhancement that applies when the criminal proceeds are derived from financial institutions, but the proceeds in this case came from third-party purchasers of properties, he was entitled ...

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Voyeurism is sex offense requiring registration with SC (access required)

Where a panel for the first time addressed whether a conviction under South Carolina’s voyeurism statute constitutes a “sex offense” requiring registration under Sex Offender Registration and Notification Act, it found that a violation of the statute—which does not require ...

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Lack of sentencing rationale requires remand (access required)

Although the government did not challenge as procedurally unreasonable the downward departure of a sentence given to a man who pleaded guilty to assault for repeatedly injuring his infant son, the court was nevertheless required to analyze procedural reasonableness, which ...

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