A man convicted of felony abduction in 2012 won vacation of a removal order based on the court’s finding that he was admitted to the United States in 2002, and the felony removal statute requires the crime be committed within ...

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

The district court did not err in increasing the sentence of a defendant who argued that the good behavior requirement of his prior sentence is not a “criminal justice sentence” because it lacks a custodial or supervisory component. Virginia law ...

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

In a case where the defendant filed his latest appeal in 2013, the court found his erroneous designation as a career offender required the district court to sentence him to between 262 and 327 months under then mandatory Sentencing Guidelines ...

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

Evidence was sufficient to convict a former Norfolk city councilman who had been involved in numerous quid pro quo relationships with local developers for many years. The district court also did not err in declining to grant a new trial. ...

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

Even valid appeal waivers in plea agreements do not necessarily bar claims that the factual basis for a guilty plea is insufficient. In this case, however, the stipulated factual basis and other affirmations by the defendant provided enough support for ...

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

Despite not providing school transportation to students with known disciplinary problems, municipal entities had no duty to stop the students from harming residents of the neighborhoods the students traversed to reach school. Background Richard Fletcher and his wife lived just ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Albert Diaz Municipal Personal Injury Tort

As seasoned attorneys know, the lofty principles that attract aspiring lawyers can quickly be overshadowed by client emergencies, Sisyphean scheduling conundrums, unreasonable opposing counsel, billing targets, intrafirm politics, and understaffed courts. But from time to time, our esteemed judges take ...

Tagged with: Judge Albert Diaz Judge David A. Oblon Judge David W. Lannetti Judge Everett A. Martin Jr. Judge T.S. Ellis III

BY HEATH HAMACHER BridgeTower Media Newswires One of the men responsible for the Beltway sniper attacks of 2002 that left 10 dead and three injured has won an appeal to have four life sentences reconsidered by the Virginia courts that ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Albert Diaz Judge Paul V. Niemeyer Judge Robert B. King

The district court did not err in dismissing an inmate’s Eighth Amendment claims or in declining to appoint counsel, but remand is necessary because the lower court failed to address the plaintiff’s state-law medical malpractice claims. Background Plaintiff Steven Banks ...

Tagged with: 4th U.S. Circuit Court of Appeals Constitutional Judge Albert Diaz Personal Injury

Experts’ calculation and application of statistical significance (p-values) must be relevant, reliable, and not likely to confuse jurors. After plaintiffs’ expert opinions were excluded, their non-expert evidence was not sufficient to survive summary judgment, and the district court appropriately granted ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Procedure Evidence Judge Albert Diaz Personal Injury