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Tag Archives: Sentencing

4th Cir.: “Career offender” designation was error (access required)

After prevailing on a prior motion under 28 U.S.C. § 2255, the defendant was resentenced but improperly designated as a career offender. Because the incorrect designation led to application of the wrong version of the Guidelines Manual, resentencing is required. ...

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CAV: Sentence enhancement for federal conviction improper (access required)

The trial court erred in finding that the federal statute underlying the defendant’s prior conviction for felony possession of a firearm was substantially similar to the state law under which the defendant was most recently convicted. Because the federal law ...

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4th Cir.: Flight to Thailand didn’t show “responsibility” (access required)

The district court did not err in declining to reduce the defendant’s sentence on grounds that he accepted responsibility for his offenses, since he fled the country before his initial sentencing hearing. However, the defendant should have been granted leave ...

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4th Cir.: Court didn’t explain rejection of mental health mitigation (access required)

When asked to impose a shorter sentence based on the defendant’s well-documented history of mental illness, the sentencing court was required to explain why it rejected such mitigation. Defense counsel had argued that the defendant’s multiple death threats sent to ...

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4th Cir.: Ship owners liable for crew hiding sludge discharge (access required)

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 ...

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4th Cir.: No error in denying counsel at sentencing (access required)

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 ...

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CAV: Probation could be delayed pending unrelated jail time (access required)

The trial court did not err in abating the defendant’s probation term during her active incarceration for an unrelated crime, without following the notice and hearing requirements of Code § 19.2-304. Background On May 31, 2013, Appellant Lanikki Edwards entered ...

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EDVA: Habeas petitioner shows ineffective assistance (access required)

A defendant convicted of second-degree murder, malicious wounding, and two counts of using a firearm in the commission of a felony showed that his trial counsel never conveyed a favorable plea deal that had been offered by the Commonwealth, despite ...

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WDVA: Restitution doesn’t preclude civil damages (access required)

A victim already entitled to restitution via criminal proceedings could still seek civil damages for the defendant’s abusive sexual contact, though restitution would be offset by the amount awarded. Background All that remains of this employment case is a single, ...

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