A defendant properly received a sentencing enhancement under the Armed Career Criminal Act, or ACCA, because his prior state convictions for common law robbery and accessory before the fact of armed robbery both qualify as violent felonies. Background In 2009, ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Barbara Milano Keenan

Where the government allowed a jury to be empaneled and began presenting testimony despite the fact that a subpoenaed witness had not appeared in court, as required, for the first two days of trial, and a mistrial was granted on ...

Tagged with: 4th U.S. Circuit Court of Appeals Constitutional Judge Barbara Milano Keenan

A subcontractor that alleged a prime contractor for the Air Force conspired with another company to deprive it of work failed to establish tortious interference and aiding and abetting claims. The case was remanded. Background In 2004, the Air Force ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Barbara Milano Keenan Tort

A defendant who was incorrectly informed about the potential sentence if he pleaded guilty, which the government conceded was plain error, nevertheless failed to demonstrate the admitted error affected his substantial rights under a binding Fourth Circuit decision that imposes ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Barbara Milano Keenan

The majority of the panel accepted new districts proposed by the court-appointed special master whose methodology suggests the voting rights of black voters would not be diluted. Eleven districts had been held as racial gerrymanders in violation of the Equal ...

Tagged with: Constitutional Judge Barbara Milano Keenan U.S. District Court - Eastern District

A school did not violate the Establishment or Free Speech clauses by presenting an 11th-grade history unit that provided information about Islam, and tested a student’s understanding of that knowledge through a test. Background During the 2014-2015 school year, Caleigh ...

Tagged with: 4th U.S. Circuit Court of Appeals Constitutional Judge Barbara Milano Keenan

A claim to collect on a state court judgment is not precluded by the doctrine of res judicata in cases where the claim could not have been brought at the time of prior litigation, the 4th U.S. Circuit Court of ...

Tagged with: 4th U.S. Circuit Court of Appeals News Judge Barbara Milano Keenan Res Judicata

After an arbitration agreement was confirmed, the plaintiff alleged in district court that the consulting company fraudulently transferred assets to its individual owner, leaving no assets to satisfy the judgment. Although the district court dismissed the fraudulent transfer and a ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Practice Judge Barbara Milano Keenan

Direct evidence of government payment and receipt of fraudulent services must be alleged at the pleading stage for a qui tam action to survive a motion to dismiss, the 4th U.S. Circuit Court of Appeals has ruled. Despite this, a ...

Tagged with: 4th U.S. Circuit Court of Appeals News Judge Allyson K. Duncan Judge Barbara Milano Keenan Whistleblower

Because New York’s robbery statute required the use or threatened use of violent physical force, the defendant’s prior conviction for first degree robbery in New York was sufficient to impose the career offender sentencing enhancement under the Sentencing Guidelines. Background ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Barbara Milano Keenan