A defendant who was prematurely released from federal prison is not entitled to credit on his sentence for the time he erroneously spent at liberty; assuming federal common law offers such relief, the district court did not improperly deny defendant ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Diana Gribbon Motz

A defendant convicted of kidnapping and sentenced as a career offender under USSG §§ 4B1.1 and 2 in 2000 is not eligible for resentencing in light of the U.S. Supreme Court decision in Johnson v. U.S., 135 S.Ct. 2551 (2015), ...

Tagged with: Criminal Judge T.S. Ellis III U.S. District Court - Eastern District

A Norfolk U.S. District Court grants petitoner’s motion for resentencing in light of Johnson v. U.S., as his prior convictions for Virginia statutory burglary no longer qualify him for an enhanced sentence under the Armed Career Criminal Act. On Oct. ...

Tagged with: Criminal Judge Rebecca Beach Smith U.S. District Court - Eastern District

A Roanoke U.S. District Court denies defendant’s motion to dismiss his indictment on statutory and constitutional speedy trial grounds; although defendant says he did not personally request or consent to continuances granted by the court, his counsel agreed to the ...

Tagged with: Criminal Judge Glen E. Conrad U.S. District Court - Western District

At defendant’s trial for burglaries and thefts from three businesses, the trial court did not err in admitting texts and tweets from defendant’s personal cellphone identifying items stolen from the businesses and offered for sale, which, together with additional stolen ...

Tagged with: Criminal Judge Marla Graff Decker Virginia Court of Appeals

The Court of Appeals affirms defendant’s conviction for possession of a firearm as a convicted felon, based on circumstantial evidence, including testimony of the officer who stopped defendant for a traffic offense and overheard defendant tell his girlfriend on the ...

Tagged with: Criminal Judge Robert J. Humphreys Unpublished Opinion Virginia Court of Appeals

The Court of Appeals affirms defendant’s conviction for use of a firearm in the commission of a felony, based on circumstantial evidence, including the note defendant gave to his robbery victim stating he had a gun and that he did ...

Tagged with: Criminal Judge Marla Graff Decker Unpublished Opinion Virginia Court of Appeals

The Court of Appeals says a trial court did not abuse its discretion by denying defendant’s motion to withdraw his Alford pleas to robbery and firearm charges, as defendant expressly waived this right. In Griffin v. Commonwealth, 65 Va. App. ...

Tagged with: Criminal Judge Robert J. Humphreys Unpublished Opinion Virginia Court of Appeals

Although defendant claimed his contact with three women who asked him to leave their apartment after a prolonged period of alcohol consumption was “blow for blow,” the trial court could reject defendant’s account of the altercation in favor of testimony ...

Tagged with: Criminal Judge Rossie D. Alston Jr. Unpublished Opinion Virginia Court of Appeals

The 4th Circuit affirms multiple counts of a former CIA employee’s convictions for unauthorized disclosure to reporter James Risen of a letter relating to a classified program to use a Russian scientist  to supply “realistic but ultimately flawed nuclear plans” ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Albert Diaz