The issue in this appeal involved the in-court identification of a defendant charged with armed bank robbery and brandishing a firearm during and in relation to a crime of violence. During …
The Fourth Circuit Court of Appeals reversed the district court’s decision to deny a motion to suppress defendant’s statement. The Court held that defendant’s three-hour detention violated his Fourth Amendment Rights, …
On remand from the Court of Appeals for resentencing, the district court entered an amended restitution against George Pileggi, which he appealed. On appeal, the court vacated the district court’s amended …
The Fourth Circuit Court of Appeals affirmed the ruling of the district court in denying Fugit’s motion under 28 U.S.C. § 2255 to vacate, set aside, or correct his sentence. Fugit …
The Fourth Circuit held that the felon-in-possession prohibition for felons in 18 U.S.C. § 922(g)(1) does not violate the Constitution, even for non-violent felons such as Pruess.
Lawing was convicted of possession of ammunition by a convicted felon in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). On appeal, Lawing argued that the district court committed reversible …
The Fourth Circuit Court of Appeals affirmed the district court’s dismissal of the plaintiff’s complaint based on a lack of standing. The plaintiffs are individuals and an organization called the Second …
Gary Lee Gillion was convicted of four counts of mail fraud and one count of conspiring to commit mail fraud. Gillion appealed his convictions alleging that the district court erred in …
In re Beach First National Bancshares, No. 11-2019
Decided: December 28, 2012
This matter arose out of an action brought by the trustee in bankruptcy of Beach First National Bancshares, Inc. (the “Trustee” and “Bancshares,” respectively) against the former directors and officers of …
In this case, the Fourth Circuit considered whether a federal statute, the National Bank Act (“NBA”), preempted a Maryland law, the Credit Grantor Closed End Provisions (“CLEC”), with respect to a …
N.C. Growers Assoc., Inc. v. United Farm Workers, No. 11-2235
Decided: December 21, 2012
The Fourth Circuit Court of Appeals affirmed the district court’s ruling that regulatory action by the Department of Labor (“the Department”), which suspended some regulations and reinstated others regarding temporary agricultural …
On appeal, Carter Tillery challenged his convictions for a “Hobbs Act” robbery in violation of 18 U.S.C.§1951(a) and for using, carrying, and brandishing a firearm during a violent crime in violation …
The Fourth Circuit Court of Appeals affirmed the judgment of the district court and dismissed Mrs. Butler’s action for wrongful death and loss of consortium under the Federal Tort Claims Act …
The Fourth Circuit affirmed Ayesh’s convictions of two counts of theft of public money in violation of 18 U.S.C. § 641 and one count of committing acts affecting a personal financing …
Kristen Deanna Smith appealed her conviction by a jury of involuntary manslaughter, arguing that the district court committed three reversible errors. The Fourth Circuit held that the district court did not …