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

Decision on security clearance is beyond judicial review (access required)

Although the plaintiff alleged the Army’s decision to suspend him pending review of his security clearance was in violation of Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, or ADEA and the Whistleblower ...

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Challenge to Maryland’s ballot signature policy fails (access required)

The Libertarian Party of Maryland’s challenge to the state’s requirement for placing a candidate on the ballot –  the signatures of 10,000 registered Maryland voters collected within two years of the filing date – was properly dismissed. As a matter ...

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Scope of search warrant was proper, supported by common sense (access required)

After officers observed a still-smoldering marijuana cigarette lying in an open trash can in the kitchen, a fair probability existed that further evidence of the defendant’s crime would be uncovered elsewhere in the house, thus supporting a warrant to search ...

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Hotel operator lacks sufficient contacts with South Carolina (access required)

Although Marriott franchises, licenses or manages 90 hotels in South Carolina, the injury did not arise out of those contacts so there was no specific jurisdiction, even considering Marriott’s interactive website. Background Bud Fidrych and his wife, both South Carolina ...

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Failure to address argument for sentencing variance was in error (access required)

Although the defendant’s legal objection to the criminal history calculation was addressed by the sentencing judge, it was error to not address the defendant’s equitable argument for a variance from the sentence for illegal reentry. Background Apolonio Torres-Reyes pleaded guilty ...

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Defendant fails to upset sentence for firearm possession (access required)

The defendant’s argument that one use of a firearm in the simultaneous commission of two predicate drug-trafficking offenses will not support separate § 924(c) convictions and sentences is foreclosed by Fourth Circuit precedent. And he was not entitled to relief ...

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No error in rejecting ‘substantially similar’ claims and arguments in habeas (access required)

Where the claims and arguments in a death row inmate’s habeas petition did not “fundamentally alter” those previously rejected by the post-conviction court, the district court did not err in rejecting them under a deferential standard of review. A new ...

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