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

Record sealed to protect identity of cooperating inmate (access required)

Where an inmate who had pleaded guilty to conspiracy to cocaine-related crimes provided “substantial assistance” to the government, he was entitled to have a pleading about his efforts sealed and removed from online research services. There was a heightened risk ...

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No speedy trial violation despite six-year delay between charge and plea (access required)

A defendant charged with federal illegal reentry from Mexico pleaded guilty to a crime committed during his prior presence in the U.S. The guilty plea waived his right to assert that a six-year delay between the charge and his plea ...

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U.S. can’t offer rebuttal after waiving initial closing argument (access required)

Where the government opted to not make an initial closing argument, it should not have been allowed to make a rebuttal closing argument after the defendant’s closing. But because the defendant did not show he was prejudiced by the altered ...

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Company’s evidence does not establish arbitration agreements (access required)

The company could not produce arbitration agreements with the named plaintiff and 71 opt-ins. An affidavit about its corporate policy of requiring agreements was insufficient without testimony from persons personally involved in the onboarding process. And while the company produced ...

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Lack of Chinese counsel or interpreter no defense to agreement (access required)

A company president who signed three agreements with a Chinese company that contained clauses requiring arbitration of any disputes in China could not use his unilateral decision not to hire his own Chinese counsel or his own independent Chinese interpreter ...

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Ban on viewing sexually arousing materials is part of treatment plan (access required)

A condition of supervised release that requires a total ban on defendant’s viewing of any materials that sexually arouse him, including mainstream media like movies or advertisements, did not run afoul of 18 U.S.C. § 3583(d) because it was meant ...

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Opening mail outside prisoner’s presence supports First Amendment claim (access required)

A pro se prisoner’s claim that his rights were violated was supported by the failure of prison officials to explain the need to check his mail for contraband outside of his presence. Because the infringement of his First Amendment rights ...

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