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Tag Archives: Judge A. Marvin Quattlebaum Jr.

Assault by strangulation is ‘crime of violence’ (access required)

Where the defendant was previously convicted of felony assault inflicting physical injury by strangulation under North Carolina law, that conviction constituted a “crime of violence” under the sentencing guidelines because it required intentional conduct, and thus matched the guidelines’ definition ...

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Defendant not prejudiced by counsel’s performance (access required)

Where the Virginia Supreme Court concluded that the performance of the attorney for a defendant charged with involuntary manslaughter fell below the standard of care, but that the failure did not prejudice the defendant, and the defendant failed to demonstrate ...

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Class-wide injunction regarding detention process vacated (access required)

Where the district court issued a class-wide injunction regarding government procedures to detain aliens pending removal hearings, but the statute expressly precludes “jurisdiction or authority to enjoin or restrain” provisions of the immigration laws on a class-wide basis, that aspect ...

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‘Miranda’ rights waived by voluntary talk with police (access required)

Where a defendant argued that statements he made to the police without benefit of counsel about a gun involved in a felon-in-possession charge should have been suppressed, but he knowingly waived his right to counsel by voluntarily answering a detective’s ...

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Precedent on constructive amendment challenges overruled (access required)

Where the Fourth Circuit previously held that constructive amendments to an indictment not objected to below must be reversed without reference to the four factors of plain error review, but that rule is inconsistent with subsequent U.S. Supreme Court decisions, ...

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BIA erred by not considering murder of applicant’s brother (access required)

Where a Honduran native’s first application for asylum was denied as untimely, but he then filed a second application after his brother’s murder, the Board of Immigration Appeals or BIA, erred by refusing to reopen the application. The murder constituted ...

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Asylum applicant fails to show attacks based on targeted group (access required)

Where the record showed that an asylum applicant was not targeted because of her membership in a particular social group but because the assailant attacked anyone who aided his former wife, the asylum claim was denied. Background Veronica Toledo-Vasquez petitions ...

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