Zavaleta-Policiano v. Sessions (Lawyers Weekly No. 001-180-17, 17 pp.) (Gregory, C.J.) (Wilkinson, J., concurring) No. 16-1231, amended Sept. 13, 2017. On petition for review of an order of the Board of Immigration Appeals. 4th Cir. Holding: Where the government ...Read More »
Criminal Practice – Within-Policy-Statement-Range Sentence – Nonfrivolous Arguments – Court’s Failure to Explain Reasons
U.S. v. Slappy (Lawyers Weekly No. 001-181-17, 19 pp.) (Gregory, C.J.) (Shedd, J., dissenting) No. 16-4010, Sept. 22, 2017. Appeal from the U.S. District Court for the Eastern District of North Carolina, at Wilmington. (Fox, S.J.) 4th Cir. Holding: ...Read More »
Criminal Practice – Sixth Amendment – Right to Counsel – Untainted Substitute Asset Forfeiture Postconviction
U.S. v. Marshall (Lawyers Weekly No. 001-182-17, 18 pp.) (Agee, J.) No. 16-4494, Sept. 25, 2017. Appeal from the U.S. District Court for the District of Maryland, at Greenbelt. (Chasanow, S.J.) 4th Cir. Holding: Where the defendant-offender’s substitute assets ...Read More »
EQT Production Co. v. Wender (Lawyers Weekly No. 001-179-17, 32 pp.) (Harris, J.) No. 16-1938, Aug. 30, 2017; USDC at Charleston W.Va. (Copenhaver, J.) 4th Cir. Holding: A West Virginia county’s local ordinance prohibiting the disposal of wastewater from plaintiff ...
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Retirement Committee of DAK Americas LLC v. Brewer (Lawyers Weekly No. 001-173-17, 27 pp.) (Agee, J.) No. 16-1574, Aug. 14, 2017; USDC at Wilmington, N.C. (Flanagan, J.) 4th Cir. Holding: An ERISA-qualified defined benefit plan is entitled to recover ...Read More »