Tag Archives: Judge Henry F. Floyd

Resentencing required as priors are no longer ACCA predicates (access required)

The defendant’s 220-month sentence was based on four prior convictions that rendered him an “armed career criminal.” Now, however, two of those prior convictions no longer qualify as violent felonies, thus requiring resentencing. Background Randall Cornette pleaded guilty to being ...

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Police not liable for failing to intervene during ‘Unite the Right’ rally (access required)

Officials who allegedly instructed police to not intervene during the “Unite the Right” rally are nevertheless entitled to immunity against claims brought by a person who was allegedly attacked by protestors. Background Robert Sanchez Turner was attacked by protesters at ...

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Gag clause in settlement agreement violates First Amendment (access required)

Parties who entered into settlement agreements with the city of Baltimore arising out of alleged police misconduct will no longer be bound by a gag clause routinely included in those agreements after the court held the clause was unenforceable and ...

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Mandatory minimum cannot be reduced by time served on related offense (access required)

A defendant was not entitled to a departure from the mandatory minimum sentence based on his completion of a term of imprisonment on a related offense because no congressional statute authorizes a departure from the mandatory minimum sentence on this ...

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Disabled employee’s claims headed to trial (access required)

Disputed evidence on whether an employee who struggles with mobility could have performed her job without extensive travel, whether the employer lacked a reasonable belief she could engage in such travel and whether she was terminated because of her disability ...

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Social Security ALJ’s opinion lacked reasoning (access required)

An applicant for supplemental security income will get another chance to convince an administrative law judge that she is entitled to benefits after the court held the ALJ’s initial opinion did not adequately explain her reasoning, including how the applicant’s ...

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Requiring proof of residency may be Fair Housing violation (access required)

4tth Circuit Seal FEA

A mobile home park may have violated the Fair Housing Act by requiring residents to provide proof of their legal residency in the United States, the 4th U.S. Circuit Court of Appeals has ruled. Four Latino families allege that the ...

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