Although a defendant satisfied the requirements to receive temporary protected status, or TPS,  and would have been granted TPS had the Immigration and Naturalization Service reviewed all documents in its possession, the denial of TPS was not fundamentally unfair because ...

Tagged with: 4th U.S. Circuit Court of Appeals Immigration Judge Diana Gribbon Motz

Where a juror had to be excused after expressing fear that she would be retaliated against if she found the defendants guilty, the other jurors, who confirmed their ability to be fair and impartial, were not tainted, and the defendants ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Julius N. Richardson

A 30-day sentence imposed after a defendant validly waived his right to counsel on a misdemeanor charge was properly included in the calculation of defendant’s criminal history score under the Sentencing Guidelines. Background On Aug. 8, 2017, a federal grand ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge James A. Wynn Jr.

Senior government officials, including the former U.S. Attorney General Eric Holder, cannot be held liable for claims they unlawfully used electronic surveillance to spy on a CBS television reporter because such conduct did not violate a clearly established right. Background ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Rights Judge Robert B. King

A district court did not err in admitting a police officer’s photographs of a drug transaction, or a call between defendant and an informant, because the evidence was properly authenticated and sufficiently reliable. Although the jury refused to convict of ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Paul V. Niemeyer

Where an immigration judge determined that an imprisoned father did not have physical custody of his child for purposes of the Child Citizenship Act, that decision should have been reviewed de novo by the Board of Immigration Appeals. Background Howard ...

Tagged with: 4th U.S. Circuit Court of Appeals Immigration Judge Allyson K. Duncan

A defendant was entitled to be resentenced where his base level offense was increased after the trial court incorrectly concluded that his prior conviction for assaulting, beating or wounding a law enforcement officer while resisting arrest constituted a crime of ...

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

Where the state reduced certain services available to plaintiffs under its Medicaid waiver program, the plaintiffs could not sue the federal government for its failure to provide proper oversight of the state’s Medicaid program. Background Richard Stogsdill and Robert Levin ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Judge Pamela A. Harris

A university professor who alleged she was paid less than male colleagues failed to persuade the court the difference in pay was due to her gender. Instead, the court held the difference was based on legitimate factors, including different job ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Discrimination Judge Julius N. Richardson

A dispute between a commercial tenant and landlord is headed to round three, this time because the district court erred in denying damages to the landlord. The commercial tenant is responsible for damages resulting from its early termination of the ...

Tagged with: 4th U.S. Circuit Court of Appeals Contract Judge Paul V. Niemeyer