The 4th Circuit upholds reduction of a sentence for a defendant convicted in 1998 of intent to distribute crack cocaine and distribution of powder cocaine, as the district court did not clearly err in holding that it had not originally ...

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

A man who waived his benefits under his ex-wife’s ERISA retirement and insurance plans in a divorce settlement cannot rely on the preemption doctrine for protection from a state court action by the ex-wife’s parents to enforce the divorce decree ...

Tagged with: Employment Judge Diana Gribbon Motz U.S. District Court - Eastern District

The 4th Circuit reverses summary judgment for Montgomery County, Md., in a megachurch’s challenge to zoning regulations that prevented the church from building a new facility in an area zoned as “rural density transfer zone”; the church says the county’s ...

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

A former Catholic-school teacher convicted of child rape and related crimes is not entitled to post-conviction relief for the ineffective assistance of his trial lawyers, who allegedly failed to tell him about a proposed deal that would have allowed him ...

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

Defendant, formerly a licensed firearms dealer and collector of weapons and military memorabilia, can be convicted as a felon in possession of weapons and ammunition, despite his claim that his prior convictions were for non-violent offenses; the 4th Circuit joins ...

Tagged with: Criminal Judge Diana Gribbon Motz U.S. District Court - Eastern District

Duke University lacrosse players who were wrongfully accused of rape of an exotic dancer hired for a team party may not pursue most of their claims under 42 U.S.C. § 1983 and state tort law against defendant police officers and ...

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

A defendant convicted of one count of illegal reentry by an aggravated felon cannot have his sentenced enhanced by 16 levels under federal sentencing guidelines; the 4th Circuit vacates defendant’s sentence because his prior conviction under a California statute that ...

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

A former Virginia state legislator waived any marital communications privilege for emails he exchanged with his wife, from his workplace computer, discussing his financial needs and interest in obtaining a job from a local university in exchange for his successful ...

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

The 4th Circuit upholds a criminal contempt conviction for a plaintiff who lingered in the courtroom to curse and complain about the judge who had just dismissed his civil rights case for his repeated late appearances in court, but reverses ...

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

Two federally licensed firearms dealers lose their challenge to Revenue Ruling 69-59, which restricts federal firearms licensees’ ability to sell firearms at out-of-state gun shows, because they did not file suit within six years of publication of the regulation, as ...

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