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Enhancement harmless where court would’ve reached same result
Even if a district court erred by increasing a defendant’s offense level based on the possession of a firearm “in connection with” another felony offense, the error is harmless where the court would have reached the same result had it sided with the defendant on the sentencing guideline issue, the 4th U.S. Circuit Court of […]
Criminal Practice – Sentencing – Enhancement – ‘Vulnerable Victim’
U.S. v. Etoty A defendant who, from a Florida jail, appropriated a social security number and identity belonging to a disabled woman in Florida, has her sentence for social security fraud and aggravated identity theft increased under the sentencing guidelines’ “vulnerable victim” enhancement, in this decision from the 4th Circuit.
Criminal Practice – Bank Robbery – Sentencing – Enhancement – Physical Restraint
U.S. v. Dimache A defendant who used a gun when he ordered two bank tellers to the floor as he and another robber fled the bank gets a two-level sentence enhancement for physical restraint to facilitate escape, and the 4th Circuit upholds defendant’s 90-month sentence.
Criminal Practice – Sentencing – Enhancement – Prior Conviction – Sexual Abuse
U.S. v. Spence The 4th Circuit upholds an enhanced sentence for a defendant convicted of possession of child pornography, based on his prior conviction under S.C. common law for “assault and battery of a high aggravated nature”; the district court did not err in holding that the prior conviction qualified as a predicate offense under the sexual abuse enhancement under 18 U.S.C. § 225[...]
Criminal Practice – Sentencing – Enhancement – Perjury – Insufficient Findings
U.S. v. Perez In order to enhance a defendant’s sentence for obstruction of justice based on perjury, the sentencing court must make findings to clearly establish that a defendant gave false testimony on a material matter with willful intent to deceive. Because the trial court here failed to make the necessary findings, defendant’s enhanced sentence is reversed.
Criminal Practice – Sentencing – Drug Trafficking – Enhancement – Prior State Conviction – Marijuana Possession
U.S. v. Simmons The en banc 4th Circuit vacates a North Carolina defendant’s federal drug trafficking sentence that was enhanced because of a prior state conviction for marijuana possession, in light of a U.S. Supreme Court decision from last year that casts doubt on the practice of treating minor state crimes as serious felonies.
Criminal Practice – Sentencing – Enhancement – ‘Offense’ – N.C. State Conviction
U.S. v. Simmons. (Lawyers Weekly No. 001-042-11, 14 pp.) (Agee, J.) No. 08-4475, Feb. 16, 2011; On Remand from USSC. 4th Cir. Click here for the full text of the opinion. Holding: On remand from the U.S. Supreme Court, the 4th Circuit stands by its earlier unpublished opinion and affirms the district court’s use of […]
Business Law
- Economy forces attorneys to get down to business
- Business Court judges trawl for customers
- Va. company's Web site did not subject business to personal jurisdiction in S.C., appeals panel rules
- Former running back from S.C. wins courtroom victory in contract dispute
- Contract – Government Contract – Qui Tam – False Claims Act
- Tort – Business Tort – Va. Computer Crimes Act – Trade Secrets
- Consumer Protection – FCRA – Auto Loan – Bank Accounting Errors
- Licenses & Permits – Beer & Wine Permit – Restrictive Covenant – Suitable Location
- Licenses & Permits – Veterinarian – Vaccine Maintenance
- State regulators look at car dealer accused of lying to customers
- Textile firm, railroad settle Graniteville train wreck lawsuit
- Subprime mortgage meltdown hits securities law
Commentary
- Virginia Tech student got due process in hearing
- High court justices cross the line of propriety
- High court’s term was rough on big business
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Letter From The Editor – Working from Home
- NLRB joins FTC in taking aim at non-competes
- Supreme Court leaves key internet protection untouched
- US Supreme Court bites back at parody’s use of the First Amendment
- My goal: Provide the information that you need now
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
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