Where the district court believed it was required to impose a mandatory minimum term of five additional years of supervised release after the defendant violated his sex-offender registration requirement, but the statute does not require a mandatory minimum term, the ...

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

Where the defendant was sentenced after the Fair Sentencing Act, and there was no suggestion that the district court did not follow U.S. Supreme Court and Fourth Circuit caselaw which held that the statute applied to all post-act sentencings, even ...

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

Even though the petitioner was acquitted of federal murder charges, this does not establish entitlement to a state-court writ of actual innocence. Although the federal prosecution arose from the same evidence that led petitioner to plead guilty to involuntary manslaughter ...

Tagged with: Criminal Virginia Court of Appeals

Where the defendant was convicted of conspiracy to violate the Racketeering Influenced and Corrupt Organizations Act, or RICO, he was not eligible for sentence reduction under the First Step Act. The Fair Sentencing Act did not modify the statutory penalties ...

Tagged with: Criminal Judge David J. Novak U.S. District Court - Eastern District

Where a trial delay was caused by several factors beyond the government’s control, including COVID-19, defendant’s medical problems and a weather-related travel delay, and the defendant showed no resulting prejudice, his motion to dismiss the indictment on speedy trial grounds ...

Tagged with: Criminal Judge Roderick C. Young U.S. District Court - Eastern District

Where appellant refused his passenger’s request for medical treatment, this was sufficient evidence for a felony hit-and-run conviction. The relevant statute provides that the duty to render reasonable assistance is triggered if it is “apparent that medical treatment is necessary” ...

Tagged with: Criminal Judge Richard Y. AtLee Jr. Virginia Court of Appeals

Where a sentencing statute was amended after proceedings to revoke appellant’s suspended sentences commenced, the circuit court’s ruling that the amended statute does not apply to appellant is affirmed. Taylor v. Commonwealth, 44 Va. App. 179 (2004), provides “that ‘when ...

Tagged with: Criminal Judge Randolph A. Beales Virginia Court of Appeals

Where the circuit court denied the commonwealth’s motion to revoke bail, the court’s order is reversed. The circuit court only considered respondent’s alleged new conduct that prompted the commonwealth’s motion. The circuit court did not consider all of the factors ...

Tagged with: Criminal Virginia Court of Appeals

Appellant’s argument that the circuit court abused its discretion by imposing four months of her 10-year suspended sentence lacks merit. Discussion “Appellant argues that the trial court abused its discretion when it revoked her previously suspended sentence and imposed an ...

Tagged with: Criminal Virginia Court of Appeals

There was sufficient evidence to determine that appellant constructively possessed a shotgun found in his truck. His conviction of possession of a firearm by a convicted felon is affirmed. Firearm possession “Appellant’s assignment of error challenges the sufficiency of the ...

Tagged with: Criminal Judge Mary Grace O'Brien Virginia Court of Appeals