Wake Forest Law Review

10Feb

District Court Reasonable in Sentencing Defendant to Over Thirty-Seven Years

Categories: 4th Cir. Blog
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By Chad M. Zimlich Today, in the criminal case United States v. Lynch, an unpublished opinion, the Fourth Circuit dispensed with oral arguments, finding that a sentence departure and a reliance on an informant were not substantial errors by the district court. Upward Variances and Confidential Informants The issues presented to the Fourth Circuit by […]

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10Feb

Defendant Lacks Requisite Showing for Appeal

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By Caroline Daniel In United States v. Simmons, an unpublished criminal opinion released today, the Fourth Circuit denied Defendant Derrick Simmons’ (“Simmons”) application for a certificate of appealability on the dismissal of his 28 U.S.C. § 2255 motion. Simmons Sought Certificate of Appealability Simmons made a motion under 28 U.S.C. § 2255, which was dismissed by the district court for […]

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9Feb

Poor Job Performance Derails Age Discrimination Claim

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By Ashley Escoe Sims In Arthur v. Pet Dairy, an unpublished civil opinion released on February 9, 2015, the Fourth Circuit affirmed a district court’s order of summary judgment for the appellee, Pet Dairy, because the appellant, Ralph Arthur, failed to prove his employment was terminated because of his age. Arthur Claims He was Terminated […]

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9Feb

No Due Process Violation in Employment Termination Case

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By Dan Menken Today, in Skinner v. Loudoun County, an unpublished opinion, the Fourth Circuit affirmed the district court’s order granting summary judgment to Loudon County on Skinner’s 42 U.S.C. § 1983 (2012) complaint. The complaint alleged federal and state due process claims as well as a related state claim of defamation. Skinner Argues that […]

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6Feb

Waiver of Right to Appeal Bars Fourth Circuit Review

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By Kaitlin Price Today, in United States v. Watson, an unpublished opinion, the Fourth Circuit dismissed Watson’s appeal after holding that Watson effectively waived his right to appeal. Underlying Facts Watson plead guilty to four counts of bank robbery in violation of 18 U.S.C. § 2113(a) (2012), and possession of a firearm by a convicted […]

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6Feb

Showing Pornographic Videos Found on Defendant’s Computer Does Not Violate Rule 403

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By Lauren D. Emery In U.S. v. Warrick, an unpublished criminal opinion released February 6, 2015 the Fourth Circuit affirmed the district court’s ruling regarding the admissibility of evidence under Rule 403. Defendant Alleges Prejudice After Judge Admits Pornographic Video Clips Marcus Warrick was sentenced to 180 months in prison followed by supervised release for […]

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5Feb

Fourth Circuits Says “Third Strike” Only a Foul, Inmate Gets Another At Bat

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By Rolf Garcia-Gallont In Cassell v. Dawkins, an unpublished civil opinion released on February 5, 2015, the Fourth Circuit vacated a district court judgment that had dismissed a prisoner’s action brought in forma pauperis, pursuant to the Prison Litigation Reform Act (“PLRA”). District Court Denies IFP Status and Dismisses Complaint Charles Cassell, a North Carolina  inmate, […]

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5Feb

Fourth Circuit Upholds Appellate Waiver in Plea Agreement

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By Michael Mitchell Today, in the criminal case of United States v. Tagle, an unpublished per curiam opinion, the Fourth Circuit affirmed the decision of the District Court for the Western District of North Carolina upholding the defendant’s drug conviction and sentence. Defendant Alleges Ineffective Assistance of Counsel The Fourth Circuit considered the defendant’s challenge to his 138-month […]

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4Feb

Tort Claim Against Spam E-Mail Senders Barred By Consent Doctrine

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By Patrick Southern Today, in Beyond Systems, Inc. v. Kraft Foods, Inc., the Fourth Circuit held in a published decision that the established tort doctrine of volenti non fit injuria (“to a willing person it is not a wrong”) applies to internet service providers (an “ISP”) who set “spam traps” solely for the purpose of raising claims against those who […]

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4Feb

Fourth Circuit Holds That Punishment Can Be Cruel Without Being Unusual

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By Carson Smith Today, in the unpublished opinion United States v. Zachery, the Fourth Circuit affirmed the district court’s 300-month sentence of the defendant, Anrique Zachery. Zachery’s counsel questioned whether the sentence was unconstitutionally excessive. Additionally, Zachery filed a pro se brief, claiming that the district court failed to consider necessary sentencing factors under § 18 […]

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3Feb

Circumstance-Specific Approach is Appropriate for Use in SORNA “Sex Offense” Analysis

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By Katharine Yale Today, in the published, criminal opinion U.S. v. Price, the Fourth Circuit held that the circumstance-specific approach is the appropriate approach for analysis of whether an offense qualifies as a sex offense under the Sex Offender Registration and Notification Act (“SORNA”).  The court also reinforced its previous holding in U.S. v. Collins […]

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3Feb

Fourth Circuit Holds that the District Court had Subject Matter Jurisdiction to Decide the Merits of a False Claims Act Claim

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By Taylor Ey Today, the Fourth Circuit issued its decision in a published opinion in the civil case of United States ex rel. Wilson v. Graham Cnty. Soil & Water Conservation Dist.  Appellant, Ms. Karen Wilson, brought this claim on behalf of the United States under the False Claims Act’s qui tam provision, alleging that the appellee, […]

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