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

EPA had discretion on water quality standards (access required)

The Environmental Protection Agency was not required to accept a standard proposed by a wastewater treatment plant that utilized an older methodology previously used by the EPA. Moreover, the EPA’s decision to examine the standard using the most innovative technology ...

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Counsel who failed to object to enhancement was not ineffective (access required)

Defendant’s counsel did not render ineffective assistance by failing to argue that defendant’s conviction for attempted abduction did not constitute a crime of violence for purposes of applying the career offender sentencing enhancement because the existing case law at the ...

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Education Dep’t can’t be sued for alleged FCRA violation (access required)

The Department of Education will not face a suit from a borrower alleging the department violated the Fair Credit Reporting Act by not conducting an investigation into the borrower’s dispute because the department has not waived its sovereign immunity against ...

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Waiver did not prevent review of constitutionally infirm plea (access required)

An appeal waiver did not prevent the court from reviewing the defendant’s claim her plea was tainted by constitutional error. On the merits, however, the court agreed the relevant statute applied to the defendant’s admitted conduct. Background Mary Mooney pleaded ...

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