First, any Sentencing Guidelines error deemed retroactive must be corrected in a First Step Act resentencing. Second, the factors in 18 U.S.C. § 3553(a) apply to resentencing. Third, the resentencing court has discretion to vary from the Guidelines and may ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Henry F. Floyd

Where a state sex offender required to register under the Sex Offender Registration and Notification Act, or SORNA, relocates to another state without registration, venue can be based in the departing district because an essential element of the statute – ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Henry F. Floyd

Where the statute imposed liability on a defendant convicted for assaulting a postal employee with intent to rob and placing their life in jeopardy by use of a dangerous weapon, that was categorically a crime of violence under the force ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Henry F. Floyd

In a case of first impression, the term “another person” in the federal aggravated identity theft statute was held to include deceased victims of identity theft, based on the plain language of the statute, its context and legislative history. Background ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Henry F. Floyd

In a case of first impression, where a defendant’s motion to represent himself in his criminal trial for child pornography was denied, the collateral order doctrine does not provide means for immediate appellate review and there is no subject-matter jurisdiction. ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Henry F. Floyd

Where a juror consulted with her pastor during a murder trial 20 years ago about whether she could vote to impose the death penalty without running afoul of her religious beliefs, and then communicated the pastor’s assurances to other jurors, ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Henry F. Floyd

Where the district court concluded there were factual disputes whether a U.S. government contractor, CACI, sued for its alleged role in torture of Iraqis at Abu Ghraib violated the law or its contract, CACI could not seek immediate appellate review ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Henry F. Floyd Tort

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 ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Henry F. Floyd

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 ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Rights Judge Henry F. Floyd

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 ...

Tagged with: 4th U.S. Circuit Court of Appeals Constitutional Judge Henry F. Floyd