Every decision we've summarized from United States Court of Appeals for the Fourth Circuit.
The Fourth Circuit affirmed in part and dismissed in part the conviction and sentence of a defendant who pleaded guilty to drug trafficking and firearms offenses. The court held that the defendant's appellate waiver was valid and enforceable, barring review of sentencing issues raised under an Anders brief.
The United States Court of Appeals for the Fourth Circuit dismissed an appeal by a state prisoner seeking habeas corpus relief. The court denied a certificate of appealability because the petitioner failed to make a substantial showing of the denial of a constitutional right.
The United States Court of Appeals for the Fourth Circuit affirmed a district court order dismissing a pro se civil action without prejudice. The appellate court found no reversible error in the lower court's determination that the plaintiff's letter did not constitute a formal complaint.
The Fourth Circuit affirmed the revocation of Anthony P. Spencer's supervised release, ruling that certified state court documents were sufficient evidence of a violation even without a separate determination of guilt. The court held that Spencer failed to preserve his objection to the evidence, triggering a plain error standard that he could not meet.
The United States Court of Appeals for the Fourth Circuit dismissed an appeal filed by a pro se plaintiff challenging a district court order. The court held that the order in question was neither a final judgment nor an appealable interlocutory order.
The United States Court of Appeals for the Fourth Circuit affirmed a district court's grant of summary judgment in a civil rights action brought by a pro se plaintiff. The appellate court also granted the plaintiff's motion to file a reply brief out of time while denying his request for appointed counsel.
The United States Court of Appeals for the Fourth Circuit dismissed an appeal filed by a pro se plaintiff challenging a district court's dismissal of his complaint. The appellate court held that the order being appealed was neither final nor an appealable interlocutory order under federal law.
The United States Court of Appeals for the Fourth Circuit denied a petition for a writ of mandamus filed by Edward Dane Jeffus. The court found the petition moot because the district court had already ruled on the underlying motion.
The Fourth Circuit held that a criminal offense carrying a maximum sentence of twelve months qualifies as a crime for which a sentence of one year or longer may be imposed under federal immigration law. Consequently, the petitioner's Virginia Class 1 misdemeanor conviction renders him ineligible for cancellation of removal.
The Fourth Circuit vacated and remanded a district court's dismissal of a habeas petition, clarifying that a final order of removal satisfies the 'in custody' requirement of 28 U.S.C. § 2241 even when a noncitizen is physically confined by state authorities. The court held that the restraint on liberty imposed by a final deportation order is sufficient to confer federal habeas jurisdiction.