Although appellant was confined in civil detention from 2007 until 2012, pending a district court’s evaluation of him as a “sexually dangerous person” under the Adam Walsh Act, this period of civil detention did not fulfill his term of supervised ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Diana Gribbon Motz

A defendant convicted of selling heroin can be sentenced as an armed career criminal based on an uncertified record from the National Crime Information Center of defendant’s 1971 second-degree assault conviction; given the applicable burden of proof and the deferential ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Diana Gribbon Motz

In a relator’s suit alleging defendants filed false claims for federal student loan interest subsidies, the 4th Circuit says the district court was too hasty in dismissing the False Claims Act suits against two out of three state-created corporations that ...

Tagged with: 4th U.S. Circuit Court of Appeals Contract Judge Diana Gribbon Motz

A defendant knowingly and voluntarily waived his claim that the district court erred in relying on statements from an informant drug buyer to calculate how much cocaine defendant sold in the charged conspiracy that operated from 2002 to 2011, and ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Diana Gribbon Motz

An emergency room physician convicted of filing false income tax returns by using the “Anderson’s Ark and Associates” plan to avoid current tax liability and “recapture” prior tax payments, is not entitled to post-conviction relief on the ground that his ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Diana Gribbon Motz

An employee who broke both legs while exiting a commuter train and who was treated with multiple surgeries, bed rest, pain medication and physical therapy may sue on a claim that his temporary impairment qualifies as a disability under the ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Discrimination Judge Diana Gribbon Motz

A defendant charged with bank robbery did not have a right to testify in narrative form, and the district court did not err in forcing him to choose between his right to testify in his own defense and his right ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Diana Gribbon Motz

A family who alleges their home was infested with bed bugs from a bed rented from defendant company is required to arbitrate their breach of warranty claim under the Magnuson-Moss Warranty Act; although the district court erred in holding that ...

Tagged with: 4th U.S. Circuit Court of Appeals Consumer Protection Judge Diana Gribbon Motz

A defendant’s payouts as a return on investment to two early investors in his Ponzi scheme were “essential expenses” of his underlying fraudulent scheme and the 4th Circuit vacates defendant’s money-laundering convictions based on these payments, but affirms defendant’s securities ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Diana Gribbon Motz

Although defendant bank may well have violated the Equal Credit Opportunity Act by requiring plaintiff wife to sign as an unlimited guarantor without first determining that her husband was not creditworthy, wife waived her ECOA claim when she executed loan ...

Tagged with: 4th U.S. Circuit Court of Appeals Creditor's Rights Judge Diana Gribbon Motz