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

Mandatory minimum cannot be reduced by time served on related offense (access required)

A defendant was not entitled to a departure from the mandatory minimum sentence based on his completion of a term of imprisonment on a related offense because no congressional statute authorizes a departure from the mandatory minimum sentence on this ...

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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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