United States Court of Appeals for the Fourth Circuit

UNITED STATES OF AMERICA v. SAMUEL SULLIVAN, JR

DAVID MILLER; SABRINA MILLER v. TYSONS WATCH AND JEWELRY EXCHANGE; ROSE BOUCHARD; JERRY BOUCHARD; JESUS' CHEVUS

The Fourth Circuit dismissed an appeal as untimely because the appellants failed to file their notice of appeal within the mandatory thirty-day period. The court also affirmed the denial of a one-day extension, rejecting the argument that mailing the notice via FedEx satisfied federal filing requirements.

Robinson v. National Collegiate Athletic Association

The Fourth Circuit vacated a preliminary injunction that had allowed student-athletes to play despite the NCAA's JUCO Rule, holding that the district court applied the wrong legal standard. The appellate court ruled that eligibility rules must be analyzed under the full 'rule of reason' framework rather than a simplified quick-look approach, requiring a complete factual record before determining if the rules unreasonably restrain trade.

UNITED STATES OF AMERICA v. GERALD DAMONE HOPPER

The Fourth Circuit dismissed the appeal as moot because the defendant's supervised release sentence had expired. The court found no collateral consequences from the revocation judgment to sustain a live controversy.

KEITH REILLY v. UNITED STATES DEPARTMENT OF LABOR

The Fourth Circuit denied a petition for review, upholding the Merit Systems Protection Board's dismissal of a federal employee's whistleblower retaliation claims. The court found no reversible error in the Board's determination that the employee failed to prove protected activity was a contributing factor in his employment actions.

Michael Jermaine Grace v. Alamance County; Graham Police Department; Officer Cross; Officer Z. Hulcher; Detective C.T. Denny

The Fourth Circuit affirmed the district court's grant of summary judgment in a civil rights action, holding that the plaintiff waived appellate review of claims barred by the statute of limitations. For the remaining claims, the court found no reversible error after a de novo review of the record.

UNITED STATES OF AMERICA v. SEBASTIAN REIGLE

The Fourth Circuit affirmed Sebastian Reigle's thirty-month upward variance sentence, ruling that the district court did not abuse its discretion by implicitly addressing his disparity argument. The court held that the sentencing judge's explicit rejection of Reigle's conduct as typical satisfied the requirement to consider all non-frivolous reasons for a lower sentence.

James Benjamin Charles v. Eddie M. Buffaloe, Jr.

The Fourth Circuit dismissed an appeal from a district court's denial of a habeas corpus petition because the petitioner failed to meet the statutory threshold for appellate review. The court held that the prisoner did not make a substantial showing that reasonable jurists could find the lower court's assessment of his constitutional claims debatable or wrong.

CLEAR TOUCH INTERACTIVE, INC v. THE OCKERS COMPANY; JOHN J. HOUSER; JASON HOUSER; TOUCHVIEW INTERACTIVE, INC

The Fourth Circuit affirmed summary judgment, holding that Clear Touch's federal intellectual property claims were barred by a broad release and dismissal clause in a prior state-court settlement. The court reasoned that the agreement's plain language encompassed all claims that could have been brought in the earlier litigation, regardless of when they accrued.

AFFACHAO ABDON SAMEY v. GRACE AGUEGUE; STEPHANO ADOUKONOU; FRANCOISE GAMBE

The Fourth Circuit affirmed the district court's denial of a petition to return a child to France under the Hague Convention, finding the child faced a grave risk of harm if returned. The court held that the lower court did not clearly err in crediting evidence of abuse and declining to exercise discretion to order the child's return.