Thursday, June 2, 2011

Daily Opinion Summaries for U.S. 4th Circuit Court of Appeals - 06/02/2011

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Daily Opinion Summaries
U.S. 4th Circuit Court of Appeals

June 02, 2011 FindLaw.com Daily Opinion Summaries Newsletter

Table of Contents

LATEST SUMMARIES

Criminal Law & Procedure, Sentencing
US v. Broncheau

Constitutional Law, Sanctions, Criminal Law & Procedure, Asset Forfeiture
US v. $79,650.00 Seized from BOA

Criminal Law & Procedure, Sentencing, Evidence
US v. Penniegraft

Constitutional Law, Civil Rights
Noel v. Artson

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LATEST SUMMARIES

Criminal Law & Procedure, Sentencing
US v. Broncheau, No. 10-7611
In a dispute arising from mass civil commitment proceedings under the Adam Walsh Child Protection and Safety Act of 2006 (Act), 18 U.S.C. section 4248, judgment of the district court dismissing proceedings on the grounds of due process defects is reversed where section 4248 is unambiguous with respect to the initiation of civil commitment proceedings against sexually dangerous federal prisoners, and because the court's construction of section 4248 would create a collateral problem by undermining the Act’s stay-of-release provision. Read more...

Constitutional Law, Sanctions, Criminal Law & Procedure, Asset Forfeiture
US v. $79,650.00 Seized from BOA, No. 10-1291
In a currency structuring dispute, 31 U.S.C. section 5317(2), post-judgment order of the district court reducing the amount of forfeiture on Eight Amendment grounds is reversed where the court misperceived the authorized penalty for purposes of its Eighth Amendment proportionality analysis. Read more...





Criminal Law & Procedure, Sentencing, Evidence
US v. Penniegraft, No. 09-4959
Conviction and sentencing of defendant on a multitude of drug-related offenses are affirmed where defendant's appellate challenge on the grounds of insufficiency of evidence, improper admission of Rule 404(b) evidence, and impermissible polling of jury after one juror indicated that the verdict was not unanimous are without merit. Read more...

Constitutional Law, Civil Rights
Noel v. Artson, No. 09-1562
In a Section 1983 action arising from a fatal shooting following a no-knock entry into a residence by police officers, judgment of the district court in favor of the defendants is affirmed where jury charge provided a complete and accurate statement of the law and afforded plaintiffs ample latitude to argue their case. Read more...

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