Where the Fourth Circuit joined the Fifth and Sixth Circuits in holding there was jurisdiction to review a Board of Immigration Appeals’ removal decision, in this case that removal of a Mexican citizen would not cause his children “exceptional and ...

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

Where FedEx packages containing cocaine were intentionally addressed to a deceased person, the intended recipient lacked any expectation of privacy because he had no ability to exercise ownership, possession or control of the packages at the time they were searched. ...

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

President Joe Biden has nominated Virginia Solicitor General Toby J. Heytens to a seat on the 4th U.S. Circuit Court of Appeals. Upon confirmation, Heytens would fill the seat of Judge Barbara Milano Keenan, who will take senior status in ...

Tagged with: 4th U.S. Circuit Court of Appeals Joe Biden Judge Barbara Milano Keenan Judges Toby J. Heytens

Where a man who pleaded guilty to conspiracy to commit bank fraud arising out of his involvement in “short sales” and refinancing of three residential properties appealed orders of restitution and forfeiture, his appeals were barred by global appeal and ...

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

Where a male police officer alleged he was terminated based on his sex because the female officer with whom he was romantically involved was not fired, the jury’s $125,000 verdict was overturned as the alleged comparator was not similarly situated. ...

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

Where the defendant argued his trial counsel rendered ineffective assistance by failing to move to suppress incriminating statements made in violation of Miranda, an evidentiary hearing was required to determine whether he was in custody at the time of his ...

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

Where an individual convicted in 1993 for misdemeanor assault and battery of a family member has demonstrated good behavior during the following 27 years, the prohibition in 18 U.S.C. § 922(g)(9) from possessing a firearm continues to apply because Congress ...

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

Because it is uncertain whether the Supreme Court of Virginia would conclude that common law robbery can be committed by means of threatening to accuse the victim of sodomy, and that question is determinative on whether the defendant qualifies as ...

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

Although a fuel supplier had already entered into a settlement agreement with a vessel charterer who failed to pay for fuel, that settlement did not prevent the supplier from enforcing a maritime lien against the vessel. Background Addax Energy SA ...

Tagged with: 4th U.S. Circuit Court of Appeals Admiralty Judge Barbara Milano Keenan Judge G. Steven Agee

Although a website operator began using “ipad” three years before Apple released its iPad in 2010, because Apple acquired use of the mark from another company that predated the website operator’s use, the mark obtained secondary meaning and Apple qualified ...

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