U.S. Fourth Circuit: December 2010 Archives
U.S. Fourth Circuit - The FindLaw 4th Circuit Court of Appeals Opinion Summaries Blog

December 2010 Archives

US v. Chester, 09-4084

Conviction of defendant for illegal possession of a firearm vacated

US v. Chester, 09-4084, concerned a challenge to a conviction of defendant for illegal possession of a firearm under 18 U.S.C. section 922(g)(9).  In vacating the conviction, the court remanded the case in concluding that, in light of District of Columbia v. Heller, 128 S. Ct. 2783 (2008), it cannot be concluded on the record that the government has carried its burden of establishing a reasonable fit between the important object of reducing domestic gun violence and section 922(g)(9)'s permanent disarmament of all domestic violence misdemeanants.

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US v. Hood, 09-5027

Challenge to the district court's finding of career criminal

US v. Hood, 09-5027, concerned a prosecution of defendant for possession with intent to distribute marijuana and carrying a firearm during a drug trafficking offense.  In affirming the district court's imposition of an enhanced sentence of 140 months' imprisonment in finding defendant to be a career criminal, the court held that the possession of a sawed-off shotgun offense constitutes a "crime of violence" for purposes of section 4B1.1(a)(2).

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US v. Thomas, 08-8436

Sentencing challenge in conviction for drug and firearm related offenses

US v. Thomas, 08-8436, concerned a challenge to the district court's dismissal of the defendant's motion to vacate, set aside, or correct his sentence under 28 U.S.C.A. section 2255, following defendant's conviction for attempted possession of methamphetamine and possession of a firearm in furtherance of a drug trafficking crime.  In vacating and remanding, the court held that, because defendant's filings in the district court were pro se and the district court dismissed the section 2255 motion as untimely without obtaining a response from the government, the factual basis of defendant's precise claim is not entirely clear from the motion.

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Mann v. Heckler & Koch Defense, Inc., 09-1847

Mann v. Heckler & Koch Defense, Inc., 09-1847, concerned a plaintiff's retaliation action against his former employer under the False Claims Act, claiming that defendant took adverse employment action against him because he investigated and opposed defendant's attempts to defraud the United States, in connection with defendant's bid in response to the Secret Service's contract solicitation for rifles.


Glassman v. Arlington County, 10-1496

Taxpayer's section 1983 suit against a county for violation of the Establishment Clause

Glassman v. Arlington County, 10-1496, concerned a challenge to the district court's grant of defendants' motion to dismiss, in a taxpayer's 42 U.S.C. section 1983 suit against a county, Commonwealth of Virginia, a church, and a developer, claiming that the county's involvement in the church's development of apartments on the church-owned parcel of land violates the Establishment Clause of the U.S. Constitution.


Mosby-Grant v. City of Hagerstown, 09-2161

Former police academy recruit's civil rights suit against a city for race and sex discrimination

Mosby-Grant v. City of Hagerstown, 09-2161, concerned a challenge to the district court's grant of summary judgment in favor of a city, in an African-American female's suit against a city alleging violations of Title VII of the Civil Rights Act of 1964, and a separate race and sex claims alleging that her instructors and classmates at a police academy created a hostile work environment.


US v. Leftwich, 09-4419

Restitution order of $2,404,087 vacated and remanded in conviction for defrauding the U.S.

US v. Leftwich, 09-4419, concerned a challenge to the district court's judgment requiring defendant to make restitution to the United States in the amount of $2,404,087, in a conviction of defendant for mail fraud and filing false claims, in connection with a multi-year scheme to defraud the United States through the submission of fraudulent tax returns to the Internal Revenue Service.



US v. Hampton, 09-4455

Conviction for being a felon in possession of a firearm

US v. Hampton, 09-4455, concerned a challenge to a conviction of defendant for being a felon in possession of a firearm and ammunition and district court's imposition of a 300-month sentence.

 

US v. Mason, 07-4900

Fourth Amendment challenge in a conviction for drug related offenses

US v. Mason, 07-4900, concerned a challenge to a conviction of defendant for conspiracy to possess with intent to distribute five kilograms or more of cocaine, and a sentence of a mandatory term of life imprisonment.

 

US v. Luke, 09-4543

Conviction for identity theft related offenses

US v. Luke, 09-4543, concerned a challenge to a conviction of defendant for conspiracy to commit identification document fraud in violation of 18 U.S.C. section 1028(f) and aggravated identity theft in violation of 18 U.S.C. section 1028A.

 

US v. Clay, 09-4572

Sentence vacated and reversed in conviction for being a felon in possession of a firearm

US v. Clay, 09-4572, concerned a challenge to the district court's imposition of a 60-month sentence, in a conviction of defendant for being a felon in possession of a firearm.  In vacating the sentence, the court remanded the case for resentencing as the district court erred in calculating defendant's sentencing range under the Guidelines by counting his conviction for felony escape under Georgia law as a "crime of violence" under U.S.S.G. section 2K2.1(a)(4)(A) as the term "crime of violence" is defined by U.S.S.G. section 4B1.2(a).

 

Albemarle Corp. v. AstraZeneca UK Ltd., 10-1000

Dismissal of plaintiff's breach of contract suit against Astrazeneca for improper venue under English law

Albemarle Corp. v. AstraZeneca UK Ltd., 10-1000, concerned plaintiff's breach of contract suit against defendant AstraZeneca UK Ltd. claiming that defendant breached its duty to give plaintiff the first right of refusal to supply defendant with propofol, used in manufacturing a fast-acting anesthetic.

 

Timms v. Johns, 10-6496

Habeas petition challenging government's efforts to commit defendant as a sexually dangerous person

Timms v. Johns, 10-6496, concerned a challenge to the district court's grant of defendant's request for habeas relief, challenging the government's efforts to commit him as a sexually dangerous person under the provisions of 18 U.S.C. section 4248.

US v. Comstock, 07-7671

District court's refusal to order civil commitment under the Adam Walsh Child Protection and Safety Act of 2006 reversed

In US v. Comstock, 07-7671, the district court's refusal to order the civil commitment of five individuals under the Adam Walsh Child Protection and Safety Act of 2006, on remand from the United States Supreme Court, is reversed and remanded as, defendants have not met their heavy burden of demonstrating that the "clear and convincing evidence" standard mandated by section 4248 renders the statute unconstitutional on its face, but rather, at the very least, the challenged provision has a plainly legitimate sweep.

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US v. Robinson, 09-4276

Defendant's conviction and sentence for drug trafficking and firearms crimes and denial of motion for retrial affirmed

US v. Robinson, 09-4276, concerned a challenge to a conviction of defendant for numerous drug trafficking and firearms offenses, a sentence of 50-years' imprisonment, and the district court's denial of defendant's motion for a retrial.