Tag Archives: categorical approach

June 27, 2014 4th Circuit published opinions

National Heritage Foundation, Incorporated v Highbourne Foundation National appealed the bankruptcy court’s rejection of a nondebtor release provision in its reorganization plan. The district court affirmed and the panel affirmed as well. Applying the factors in 4th Circuit precedent, it … Continue reading

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June 11, 2014 4th Circuit published opinions

United States v Hairston Hairston filed a motion to vacate his sentence under 28 USC 2255. The district court denied it. Later, after getting a state conviction vacated, he filed another 2255 motion to vacate. The district court ruled the … Continue reading

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June 5, 2014 4th Circuit published opinion

United States v Martin Martin appealed his sentence for felon in possession of a firearm arguing he was wrongly characterized as a career criminal. The panel, 2-1, vacated and remanded. The majority held that Martin’s Maryland burglary conviction was not … Continue reading

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January 14, 2014 4th Circuit published opinion

  United States v Aparicio-Soria Aparcio-Soria received an enhanced guideline sentence based on a Maryland resisting arrest conviction. His sentence was affirmed 2-1. Rehearing en banc was granted and the en banc court, 13-2, vacated and remanded. The majority held … Continue reading

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November 26, 2013 4th Circuit published opinion

United States v Montes-Flores Montes-Flores pled guilty to illegal reentry. The district court ruled that his conviction for assault and battery of a high and aggravated manner (ABHAN) was a crime of violence under the sentencing guidelines and sentenced him … Continue reading

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October 31, 2013 4th Circuit published opinion

United States v Hemingway The district court ruled that South Carolina’s assault and battery of a high and aggravated nature (ABHAN) is categorically a violent felony for purposes of the Armed Career Criminal Act and sentenced Hemmingway to 15 years … Continue reading

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October 1, 2013 4th Circuit published opinion

United States v Royal Royal was convicted of felon in possession of ammunition and given a career criminal sentence. The panel affirmed the conviction, reversed the sentence and remanded for resentencing. The panel held that just as the antique firearm … Continue reading

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