Where the defendant received a sentencing enhancement for recklessly creating “a substantial risk of death or serious bodily injury to another person in the course of fleeing from a law enforcement officer,” but there was no evidence showing he reached ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge G. Steven Agee

Where a detainee argued that the district court ignored the particulars of his medical conditions and disqualified him from compassionate release solely because he had received the COVID-19 vaccination, but the record showed the district court considered a variety of ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge G. Steven Agee

Where a student dismissed from the East Carolina University School of Social Work’s Master’s Degree program sued the university alleging that its decision discriminated against her in violation of the Americans with Disabilities Act, or ADA, the university was granted ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge G. Steven Agee Tort

Where neither the district court nor the parties ever mentioned the Speedy Trial Act or the ends-of-justice exclusion when setting a date for trial beyond the time allowed under the Speedy Trial Act, the act was violated and the charges ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge G. Steven Agee

Where a majority of the judges in regular service and not disqualified did not vote to hear the defendant’s petition for en banc reconsideration of the court’s denial of his motion for bail and stay of sentence pending appeal, his ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge G. Steven Agee

Where the plaintiff-employee waited until her response to the defendant-employer’s summary judgment motion to raise for the first time claims based on a supervisor’s statement that she didn’t want plaintiff on a team because she was afraid plaintiff would file ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Judge G. Steven Agee

Where there were disputed facts over whether a law enforcement officer used excessive force in fatally shooting an individual carrying a loaded shotgun, the officer is denied summary judgment based on qualified immunity. Background In the course of responding to ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Rights Judge G. Steven Agee

Where the record showed the defendant was guilty of being a felon in possession of firearms three times over the course of nine months, the district court did not err when it concluded the three incidents qualified as the same ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge G. Steven Agee

Where UnitedHealthcare failed to provide documents requested by a father who sought payments for services provided to his minor son on the basis the documents were HIPPA-protected, but some were not HIPPA protected, the father had a right to obtain ...

Tagged with: 4th U.S. Circuit Court of Appeals Insurance Judge G. Steven Agee

Where a company executive vice president convicted of willful failure to collect or pay taxes and making materially false statements to federal agents conducted the company’s affairs with significant discretion, particularly in relation to delinquent payroll taxes, the district court ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge G. Steven Agee