A minority-owned business states a plausible racial bias claim under 42 U.S.C. § 1981 against the city of Greensboro, N.C., for allegedly granting, then denying a $300,000 economic development loan to the business, because the city would grant the loan ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Andre M. Davis Municipal

The 4th Circuit vacates a defendant’s en­hanced 60-month sentence for illegal reentry into the U.S. based on the district court’s de­termination that defendant’s 1997 aggravat­ed assault conviction in Texas was a “crime of violence” under the reentry sentencing guideline; the ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Andre M. Davis

After months of preparation, a pair of University of Virginia law students, their professor seated behind them, stood before the 4th U.S. Circuit Court of Appeals and argued against the federal Bureau of Prisons. A decade of a man’s life was on the line. And the law students prevailed against the government.

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Andre M. Davis U.S. Supreme Court

The 4th Circuit says a district court erred in overlooking the Bureau of Pris­on’s abuse of discretion in denying a ha­beas petitioner a nunc pro tunc designa­tion to allow him to serve a prior federal sentence imposed in North Carolina ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Andre M. Davis

The 4th Circuit affirms a district court decision that plaintiff freight train con­ductor was not disciplined for violation of a safety policy because of his union activ­ities, including serving as the union local chairman; plaintiff has failed to produce any ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Judge Andre M. Davis

The 4th Circuit reverses defendant’s federal carjacking conviction for seizing a truck as he attempted to escape from a po­lice pursuit; we hold that, under Holloway v. U.S.,526 U.S. 1 (1999), the evidence here was insufficient to support a rational ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Andre M. Davis

RALEIGH, NC — The 4th U.S. Circuit Court of Appeals has said it is time to turn common practice into precedence for cases in which district courts have dismissed claims for failure to plead sufficient facts. On Dec. 9, a ...

Tagged with: Federal Courts Judge Andre M. Davis

The 4th Circuit does not have jurisdiction over this interlocutory appeal by a former senior managing attorney at Central Virginia Legal Aid Society, a 72-year-old African-American male, who alleges a budget shortfall in 2013 was pretext for his discharge based ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Judge Andre M. Davis

The government violated defendant bank robbers’ Fourth Amendment rights by obtaining cell site location information from their cell phone providers, but the records were admissible under the good faith exception to the warrant requirement, and a divided 4th Circuit upholds ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Andre M. Davis Search & Seizure

The 4th Circuit vacates a sentence enhanced under the Armed Career Criminal Act because the government failed to prove by a preponderance of the evidence that defendant’s prior felonies were separate and distinct episodes for ACCA purposes; we agree that ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Andre M. Davis