Conviction for assault, battery or wounding an officer while resisting arrest could not serve as a predicate offense under the violent felony clause of the Armed Career Criminal Act because it is possible for a person to be convicted of ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Robert B. King

After Congress set a specific deadline for the Department of Energy to remove a specific amount of plutonium from South Carolina, the district court correctly determined that it was required to order the DOE to remove the plutonium. Affirmed. Congress ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Judge Robert B. King

A numismatics lobbying group that intentionally imported ancient coins under international trade restrictions was unsuccessful in challenging forfeiture of the coins. Abuse of discretion is the appropriate standard for reviewing lower-court decisions to strike pleadings. Background In 1970, the U.S. ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Procedure Judge Robert B. King

BY HEATH HAMACHER BridgeTower Media Newswires One of the men responsible for the Beltway sniper attacks of 2002 that left 10 dead and three injured has won an appeal to have four life sentences reconsidered by the Virginia courts that ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Albert Diaz Judge Paul V. Niemeyer Judge Robert B. King

After credit cards were fraudulently opened in their names, a class of optometrists alleged an injury in fact traceable to their professional organization. Background In July 2016, optometrists across the nation noticed that Chase Amazon Visa credit card accounts had ...

Tagged with: 4th U.S. Circuit Court of Appeals Constitutional Contract Judge Robert B. King Standing Tort

Federal prosecutors had a change of heart last month about a convicted drug dealer who claimed his sentence was too long because of a mutual mistake about his status. The government dropped its opposition and agreed to a lesser sentence ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Robert B. King Judge Stephanie Dawn Thacker

Debtors who moved from Louisiana to West Virginia could apply Louisiana bankruptcy exemptions to property located in West Virginia, because federal law allowed the debtors to choose a state exemption scheme, and Louisiana law is not limited to in-state property. ...

Tagged with: 4th U.S. Circuit Court of Appeals Bankruptcy Judge Robert B. King

Two Greek entities were vicariously liable for violations of international maritime-pollution laws by their cargo vessel’s crewmembers, as well as for the crewmembers attempts to conceal those violations. Background In 2015, the cargo vessel Ocean Hope – owned and operated ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Employment Judge Robert B. King Sentencing

A defendant who perpetrated a complicated insurance fraud scheme resulting in more than $100 million in losses was not denied his right to counsel after he repeatedly insisted on proceeding pro se but then requested counsel for his final sentencing ...

Tagged with: 4th U.S. Circuit Court of Appeals Constitutional Criminal Insurance Judge Robert B. King Sentencing

A panel of federal appeals judges had sharp questions last month about why federal prosecutors are resisting a fix for a drug defendant sentenced to 12 years in prison under a mistaken standard. A mutual mistake about application of a ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Michael F. Urbanski Judge Robert B. King Judge Stephanie D. Thack­er