Free US Court of Appeals for the Fourth Circuit case summaries from Justia.
If you are unable to see this message, click here to view it in a web browser. | | US Court of Appeals for the Fourth Circuit January 16, 2021 |
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Click here to remove Verdict from subsequent Justia newsletter(s). | New on Verdict Legal Analysis and Commentary | Double Jeopardy: Answers to Six Questions About Donald Trump’s Second Impeachment Trial | DEAN FALVY | | Dean Falvy, a lecturer at the University of Washington School of Law in Seattle, addresses six key questions about Donald Trump’s second impeachment trial. Falvy provides clear and supported answers to frequently asked questions such as whether the Senate can act to remove Trump from the presidency, whether it can hold a trial after his term expires, who should preside, and whether he will lose his presidential perks. | Read More |
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US Court of Appeals for the Fourth Circuit Opinions | United States v. Lester | Docket: 19-4310 Opinion Date: January 15, 2021 Judge: Richard E. Myers Areas of Law: Criminal Law | The Fourth Circuit affirmed defendant's 360-month sentence imposed after he pleaded guilty to one count of sexual exploitation of a child. The court held that defendant's sentence is both procedurally and substantively reasonable. In this case, the district court did not err by failing to explain why it had rejected all of his non-frivolous arguments for a downward variance from the Guidelines range; the district court did not plainly err by applying a sentencing enhancement under USSG 2G2.1(b)(5) for violation 18 U.S.C. 2251(a) as "a parent, relative, or legal guardian of the minor involved in the offense;" and defendant's within-Guidelines sentence was substantively reasonable where the district court considered defendant's criminal history and his acceptance of responsibility, and did not impose an unreasonable sentence. | |
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