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Tag Archives: Sentencing

4th Cir.: In sentencing, conspiracy not a “crime of violence” (access required)

A defendant’s prior conviction for conspiracy to commit murder in aid of racketeering did not necessarily establish that he’d committed a “crime of violence” for purposes of federal sentence enhancement. Because conspiracy in the racketeering context does not require an ...

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EDVA: Confinement was not contrary to sentencing order (access required)

A felon convicted in Richmond Circuit Court did not suffer cognizable violations of his constitutional rights when he was confined in jail, rather than by home electronic monitoring as he believed his sentence directed. Background Plaintiff Roy Black was convicted ...

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4th Cir.: Conviction, sentence affirmed for bank fraudster (access required)

The district court did not err in any respect in convicting and sentencing a defendant alleged to be the ringleader of a conspiracy to convert funds from Capital One accountholders. Background Between January and April 2012, Appellant Junaidu Savage and ...

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4th Cir.: Prior wounding offense merited enhanced sentence (access required)

By requiring not only the causation of bodily injury but also the specific intent to maim, disfigure, disable, or kill, Virginia unlawful wounding offense necessarily involves the use of violent force or, at minimum, the attempted or threatened use of ...

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4th Cir.: SC involuntary manslaughter can be non-violent (access required)

The defendant’s prior conviction for involuntary manslaughter in South Carolina did not qualify as a “violent felony” under the Armed Career Criminal Act. Background Appellant Jarnaro Carlos Middleton pled guilty to being a felon in possession of firearms and ammunition. ...

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4th Cir.: NC voluntary manslaughter requires volition (access required)

Federal law permitted harsher sentencing for a defendant’s drug crimes because his prior conviction for voluntary manslaughter in North Carolina qualified as a “violent felony” under the applicable statute. In sentencing Appellant Antoine Smith for drug-possession convictions, the district court ...

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