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

Prior domestic violations lead to enhanced sentence (access required)

The district court did not err in sentencing the defendant to a longer term because of three prior convictions for criminal domestic violence, because those convictions categorically qualified as a “violent felony” under the Armed Career Criminal Act, or ACCA. ...

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Rescission of DACA was arbitrary and capricious (access required)

The Department of Homeland Security’s decision to rescind the Deferred Action for Childhood Arrivals policy established in 2012 was arbitrary and capricious because the memo explaining that decision did not identify any basis for the department’s view that the program ...

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$61 million judgment affirmed on appeal (access required)

A satellite television provider is responsible for a $61 million judgment because its outside sales agent violated the Telephone Consumer Protection Act, or TCPA, by calling persons on the national Do-Not-Call registry. Background Dr. Thomas Krakauer brought suit against Dish ...

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Court made plain error but rights were not affected (access required)

The district court erred by revoking the defendant’s supervised release on the basis he had been found guilty of possession with intent to distribute “crack cocaine” because the evidence showed the drug was powder cocaine. However, because possessing and intending ...

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Failure to investigate corporate citizenship not sanctionable (access required)

Where a defendant’s in-house counsel told the plaintiff that they were not planning to object to the federal court’s subject matter jurisdiction and their outside counsel later discovered that the defendant’s corporate citizenship negated the complete diversity of the parties, ...

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Denial of asylum to domestic abuse victim was arbitrary and capricious (access required)

The Board of Immigration Appeals acted arbitrarily and capriciously when it upheld the decision of an immigration judge denying asylum to a victim of domestic violence whose uncontroverted testimony established that the police in her home country frequently ignored her ...

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