Tag Archives: plain error

April 30, 2014 4th Circuit published opinions

United States v Carter On remand, the district court rejected Carter’s 2nd Amendment challenge to 18 USC 922(g)(3) which bans firearm possession by drug abusers. The panel affirmed holding the evidence presented in including studies showing a correlation between marijuana … Continue reading

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April 16, 2014 4th Circuit published opinions

Company Doe v Public Citizen Public filed an objection to Company’s motion to file its lawsuit under seal and to use a false name. The district court ultimately granted the motion and, after Public filed its notice of appeal, denied … Continue reading

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February 4, 2014 4th Circuit published opinions

United States v Antone The government sought to commit Antone as a sexually dangerous person. The magistrate court recommended releasing Antone, but, the district court concluded he met the criteria and ordered Antone’s commitment. The panel reversed. It held that … Continue reading

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January 8, 2014 4th Circuit published opinion

United States v Shepperson   Shepperson was convicted of racketeering, murder and other crimes. On appeal he argued that the district court should have appointed a second attorney under 18 USC 3005 and excluded a cooperating witness under 18 USC … Continue reading

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September 16, 2013 4th Circuit published opinion

United States v Dyess Dyess sought habeas relief which was denied by the district court. The panel, with one judge dissenting in part, affirmed. It held that the district court correctly limited its analysis to the claims in the amended … Continue reading

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August 13, 2013 4th Circuit published opinion

United States v Carthorne Carthorne pled guilty to drug and firearms charges. The district court ruled his Virginia assault and battery on a police officer conviction was a crime of violence and that Carthorne was a career criminal as a … Continue reading

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June 13, 2013 4th Circuit published opinions

United States v Cherry Cherry was charge with drug and alcohol offenses. He did not move for dismissal on speedy trail grounds. After the jury returned its guilty verdict, but before the jury was individually polled, the district judge revealed … Continue reading

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