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Tag Archives: Judge Paul V. Niemeyer

4th Cir.: Juvenile D.C. sniper to be resentenced under Miller (access required)

The younger “D.C. sniper,” who was a teenager when he was convicted of several murders and related crimes, must be resentenced following retroactive constitutional standards for juvenile punishment, established subsequent to his sentencing. Background During about seven weeks in 2002, ...

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4th Cir.: Jury’s mistaken contract finding upheld (access required)

The district court’s full jury instructions on mutual assent were a correct statement of Virginia law and not in error. Background Appellants Knox Energy LLC and Consol Energy Inc. filed this action seeking declaratory judgment that a drilling contract with ...

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4th Cir.: Commutation mooted challenge to initial sentence (access required)

A defendant initially sentenced to six life terms for non-homicide offenses received a partial pardon  from Virginia’s then-governor. The pardon mooted the defendant’s constitutional challenge to his initial sentence, and the district court erred in ruling on it. Background At ...

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4th Cir.: RICO no remedy for shorted subcontractor (access required)

A subcontractor seeking compensation for restoration work within the scope of the National Flood Insurance Program could not claim full payment via RICO, because claims adjusters’ negative assessment of the subcontractor’s work did not directly cause the lack of payment. ...

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4th Cir.: Appellate fee-shifting reversed in gerrymander case (access required)

Following a 2012 challenge to Virginia’s district lines, U.S. Congress members who intervened and drove extensive appellate litigation were not liable for any of the prevailing plaintiffs’ $1.35 million in attorneys’ fees. Appellate fees also were not shifted to the ...

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Social Security – Disability Benefits – Claim Denial – Concentration, Persistence or Pace (access required)

Contrary to plaintiff’s argument, the administrative law judge recognized plaintiff’s overall moderate difficulties with concentration, persistence, or pace; however, evidence from plaintiff’s doctors supported the ALJ’s finding that he would nonetheless be able to stay on task while performing “simple ...

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Eighth Amendment – Jury Instructions – Intentional Actions (access required)

In this case involving a prisoner who was attacked and injured by another inmate, the district court instructed the jury, “Deliberate indifference is established only if the defendants . . . had actual knowledge of a substantial risk that Anderson ...

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Possession of a Firearm by a Felon – Sentencing Level – Common Law Robbery (access required)

U.S. v. Gattis (VLW No. 017-2-207, 22 pp.) (Niemeyer, J.) 16-4663; Dec. 4, 2017; USDC at Raleigh, N.C. 4th Cir. Holding: Although the North Carolina offense of common law robbery does not qualify as a “violent felony” under the force ...

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