Wake Forest Law Review

3Nov

Fourth Circuit Reviews for Probable Cause

Categories: 4th Cir. Blog
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By: Diana C. Castro Today, in United States v. Jayad Zainab Ester Conteh, the Fourth Circuit affirmed by unpublished per curiam opinion the District Court of Maryland’s denial of a motion to suppress, holding there was probable cause to justify the issuance of a search warrant. The Fourth Circuit reviewed the District Court’s factual findings […]

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3Nov

Supervised Release Violation Sentencing Statute Relates Back to Original Offense

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By: Dan Menken Today, in United States v. Ward, the Fourth Circuit affirmed the conviction of George A. Ward for violating the conditions of his supervised release. He was sentenced to 20 months imprisonment, which is the mandatory minimum under 18 U.S.C. § 3583(g), which Congress amended in 1994 to eliminate the statute’s minimum sentencing […]

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2Nov

Correcting a District Court’s Sentencing Guideline Error

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By: Kaitlin Price In U.S. v.  Williams, the Fourth Circuit affirmed the revocation of Defendant’s supervised release, but vacated the District Court’s sentence and remanded the case to resentencing because the district court used the wrong sentencing guidelines. The Defendant, Ezekiel Elijah Williams, was sentenced to thirty-seven months of imprisonment for a Grade B violation […]

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1Nov

Fourth Circuit Clarifies – Lack of Credibility Not the Same as Willful Misrepresentation

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By: Rolf Garcia-Gallont This week, in Xing Yang Yang v. Holder, the Fourth Circuit vacated a Board of Immigration Appeals (“BIA”) decision that erroneously upheld an inadmissibility decision based on an adverse credibility ruling. Background Xing Yang Yang, a native of China, entered the United States without inspection in January, 1993. In March of the […]

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31Oct

Equitable Conversion Gives Bank Priority over IRS Tax Lien

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By: Lauren Durr Emery In Susquehanna Bank v. United States of America/ Internal Revenue Service, the Fourth Circuit examined competing claims from Susquehanna Bank  and the Internal Revenue Service (IRS) to a company’s assets following its filing of Chapter 11 bankruptcy. On September 20, 2004, the IRS assessed tax deficiencies in excess of $60,000 from […]

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30Oct

“Armed Career Criminal” Classification Upheld by Fourth Circuit For Harsher Sentencing

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By Michael Mitchell Is Enhanced Sentencing Proper when Defendant Has History of Violent Crime? Today, in United States v. Bennerman, the Fourth Circuit considered whether the district court’s increased sentence for the Defendant as an “armed career criminal” was appropriate given his prior violent felonies in Connecticut. Firearm Felony Results in Increased Sentence for “Armed Career Criminal” Defendant […]

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29Oct

Private Correctional Officers Occupy “Sensitive Position” For Sentencing Purposes

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By Patrick Southern Did the District Court Err in Determining a Private Correctional Officer Occupies a “Sensitive Position” for the Purpose of Enhanced Sentencing? Today, in United States v. Dodd, the Fourth Circuit decided a matter of first impression. The appellant Dodd challenged a decision to enhance the sentence he received after pleading guilty to […]

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29Oct

Fourth Circuit Upholds Conviction and Sentencing in Drug-Trafficking and Firearm Case

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By: Carson Smith Defendant Contends Possession of a Firearm Conviction and Multiple Sentencing Enhancements. In United States v. Pineda, the Fourth Circuit upheld the lower court’s conviction and sentencing of the defendant, Jesus Pineda. The Eastern District of North Carolina convicted the defendant on two counts of distribution of cocaine, possession of a firearm in furtherance of drug-trafficking, and […]

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28Oct

Only Substantial Assistance Factors Considered in a § 3553(e) Motion

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By: Katharine Yale Did the District Court Err in Declining to Consider Any 18 U.S.C. § 3553(a) Factors Other Than Substantial Assistance when Determining the Extent of Appellant’s Sentence Reduction Below the Mandatory Minimum? Today, in United States v. Spinks, the Fourth Circuit considered the Appellant’s challenge to his eighty-four month sentence for conspiracy to […]

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28Oct

Sentencing Following Revocation of Supervised Release

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By Taylor Ey Did the District Court Impose an Appropriate Sentence After Appellant’s Supervised Release Was Revoked? Today, the Fourth Circuit issued a per curiam opinion, affirming the judgment of the United States District Court for the Eastern District of North Carolina in U.S. v. Greene.  In this case, Appellant Greene appealed his twenty-four month […]

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27Oct

Fourth Circuit Denies Certificate of Appealability on § 2255 Motion.

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By Marcus Fields Is the Denial of a Motion Attacking a Sentence Appealable Absent a Certificate of Appealability? A district court’s order denying relief on a prisoner’s 28 U.S.C. § 2255 motion attacking a federal sentence is not appealable unless a Circuit justice or judge issues a certificate of admissibility pursuant to 28 U.S.C. § […]

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27Oct

Fourth Circuit Affirms that Statutory Minimum Sentence Imposed Pursuant to 18 U.S.C. § 922(e) Does Not Conflict with § 3553(a).

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By: Kelsey Kolb Friday, in United States v. Stewart, the Fourth Circuit affirmed the District Court for the District of Maryland’s 180-month armed career criminal sentence against Stewart. Stewart pled guilty to possession of a firearm by a convicted felon, in violation of 18 U.S.C. § 922(g)(1) (2012), to which the district court attached the […]

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