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Tag Archives: Judge Roger L. Gregory

Indictment, instruction errors prompt firearm reversal (access required)

Where the indictment did not state that to convict the defendant of possession of a firearm by a convicted felon, the government must prove he knew he belonged to the relevant category of persons barred from possessing a firearm, and ...

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Virginia’s drug law triggers sentencing enhancement (access required)

Although the defendant argued his two Virginia convictions for possession with intent to distribute heroin did not qualify as controlled substance offenses under the sentencing guidelines, because Virginia law defines controlled substances more broadly than federal law, his argument ignored ...

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Indicia of innocence support malicious prosecution claim (access required)

A jury will decide if a police officer’s arrest of a 62-year-old man for congregating on the sidewalk, maintaining the charge for three years before dropping it before trial, together with other circumstantial evidence, support a claim for malicious prosecution. ...

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Virginia violated due process rights of mentally ill defendant (access required)

An individual who suffers from mental illness, and who has been under the care of Virginia for over 20 years, adequately alleged his due process right when he received inadequate notice of the basis for revoking his suspended sentence, Virginia ...

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Suspicionless stop of defendant not excused by exigent circumstances (access required)

A majority of the en banc court refused to allow the suspicionless stop of the defendant following a report of “shots fired.” The stop was not justified by exigent circumstances and thus was not reasonable under the Fourth Amendment. Background ...

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Russian owner of ‘stream-stripping’ websites may be subject to jurisdiction (access required)

The Russian owner of “stream-ripping” websites, which allow audio extraction from videos, should have known he could be sued in Virginia based upon the volume of visitors from Virginia and his other contacts with the United States. On remand, the ...

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Salesperson’s unpaid commission claims reinstated (access required)

Where a salesperson alleged IBM defrauded him by “capping” his sales commissions despite allegedly representing they would not be capped, his claims for fraud, unjust enrichment or quantum meruit were not foreclosed by disclaimer language in which IBM reserved its ...

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Legislators can’t remove gerrymander suit to federal court (access required)

North Carolina legislators who sued for alleged unconstitutional redistricting plans could not remove the suit to federal court under 28 U.S.C. § 1443. That provision applies only to executive officials charged with enforcing state laws who are sued for wrongful ...

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Asylum seeker established persecution and protected ground (access required)

Where a former member of the Guatemalan military credibly testified that he suffered persecution because of a political opinion imputed to him based on his opposition to the military’s inhuman conduct and his threats to report them to human rights ...

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