The United States Court of Appeals for the Fourth Circuit affirmed a district court order remanding criminal proceedings to state court. The appellate court held that removal to federal court was improper under the relevant federal statute.
Huguette Assaf attempted to remove her criminal proceedings from state court to the United States District Court for the Eastern District of Virginia. The district court ordered the case remanded to state court, ruling that removal was improper under federal law. Assaf appealed this remand order to the Fourth Circuit.
The court’s reasoning
The court reviewed the record on appeal and found no reversible error in the district court’s decision. The court determined that the removal of the criminal proceedings did not satisfy the requirements of Section fourteen hundred forty-three of Title twenty-eight of the United States Code.
What it means going forward
The decision reinforces the strict limitations on removing criminal cases to federal court and confirms that such removal is improper when statutory requirements are not met.
