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Another sentence vacated in light of en banc decision in Simmons
The Fourth Circuit’s en banc decision last week in United States v. Simmons changed the way that the Fourth Circuit analyzed prior North Carolina convictions for sentencing enhancement under the Armed...
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En banc Fourth Circuit is 10-2 on outcome and 5-4-1-2 in opinions (with the...
It has taken me some extra time to post about the Fourth Circuit’s en banc decision earlier this week in United States v. Vann because it has taken me a long time to get through the 100 pages of...
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Another ACCA appeal about application of “violent felony” label to state...
In addition to yesterday’s decision on gun possession in motorcycle gangs, the Fourth Circuit issued a published opinion in another gun case: United States v. Taylor. The decision came in the...
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Judge Davis advises appellant to “save the taxpayers a few dollars and forego...
One of the more unusual aspects of the two Fourth Circuit decisions issued yesterday came at the tail end of United States v. Taylor, in a partial dissent authored by Judge Davis. The appeal involved,...
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Yet another sentence vacated in light of en banc decision in Simmons
The Fourth Circuit yesterday vacated another enhanced sentence under the Armed Career Criminal Act in light of its August 2011 8-5 en banc decision in United States v. Simmons (prior discussions here...
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Fourth Circuit ACCA decision on divorced-from-reality law professor...
The Fourth Circuit issued six opinions in argued cases between yesterday and the day before (3 published and 3 unpublished). One of the published opinions, holding that an ACCA enhancement was...
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Divided Fourth Circuit panel knocks out “moral turpitude” framework for...
A divided panel of the Fourth Circuit held today in Prudencio v. Holder that the framework used by federal immigration judges to decide whether an individual has previously been convicted of a crime of...
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