Tag Archives: Judge Stephanie Dawn Thacker

Dark web search warrant issued in good faith (access required)

A warrant executed in good faith, even if unconstitutional, did not render resulting evidence of child-pornography crimes inadmissible, the court of appeals held. Appellant Robert McLamb was identified by the FBI as a visitor to Playpen, a website accessible only ...

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Child Pornography – First Impression – Peer-to-Peer Sharing – ‘Distribution’ (access required)

The 4th Circuit joins its sister circuits in holding that, where files have been downloaded from a defendant’s collection of child pornography images, use of a file-sharing program constitutes distribution under 18 U.S.C. § 2252A. We affirm the district court’s ...

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Public Employees – Constitutional – First Amendment – Political Activism – Schools & School Boards – Inappropriate Comments (access required)

Penley v. McDowell County Board of Education (VLW No. 017-2-203, 31 pp.) (Thacker, J.) (Wilkinson J., concurring) 16-2034; Nov. 28, 2017; USDC at Asheville, N.C. (Cogburn J.) 4th Cir. Holding: A state house member allegedly threatened the plaintiff-teacher – who ...

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Court Upholds AWA License Renewal Rules (access required)

In PETA’s suit challenging the U.S. Department of Agriculture’s regulations under the Animal Welfare Act for license renewal of animal exhibitors, the 4th Circuit upholds a decision deferring to the agency’s decision to conduct spot-check inspections of licensees despite PETA’s ...

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Sentence Enhancement OK’d for ‘Hunting’ Guns (access required)

A district court did not err in enhancing defendant’s sentence on marijuana and cocaine distribution convictions for firearm possession, even though the firearms were discovered after defendant pled guilty to the original marijuana charge and defendant claimed the guns were ...

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Debtors May Use ‘Standard’ Amounts for Expenses (access required)

Debtors may take the full National and Local Standard amounts for expenses in their chapter 7 bankruptcy proceeding even though their actual expenses are less than the Standard amounts; the 4th Circuit upholds a bankruptcy court’s refusal to dismiss the ...

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