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

Defendant was convicted of being a felon in possession of a firearm. At issue on appeal was whether Tapia v. United States applied in the context of resentencing on the revocation of supervised release. The court held that it did. Here, however, the transcript of the revocation hearing made plain that the "egregious breach of trust" committed by defendant in repeatedly violating the conditions of supervised release drove the sentencing decision. Therefore, the court saw no reason to direct a remand that would serve no purpose and accordingly affirmed the judgment of the district court. View "United States v. Bennett, Jr." on Justia Law

LG Display sought to appeal the district court's rejection of their assertions of federal court jurisdiction under the Class Action Fairness Act of 2005 (CAFA), 28 U.S.C. 1332. South Carolina initiated these cases in state court, alleging violations of the State's Antitrust Act and its Unfair Trade Practices Act (SCUTPA), S.C. Code 39-3-130, -180. The court concluded that CAFA's minimal diversity requirement was not satisfied in either of these cases, and the district court properly remanded them to state court. Accordingly, the petitions for appeal of LG Display were granted and the Remanded Decisions were affirmed. View "AU Optronics Corp. v. State of South Carolina" on Justia Law

Defendant challenged two convictions for criminal contempt. The court affirmed the first contempt conviction where the record fully supported the judge's findings that defendant's profane language in the courtroom constituted intentional misbehavior that obstructed the administration of justice. Because the second contempt conviction resulted from a summary proceeding erroneously denying defendant his opportunity to be heard at a meaningful time and in a meaningful manner, the court concluded that this error affected his substantial rights. Accordingly, the court affirmed in Case No. 11-4963 and reversed in Case No. 11-4965. View "United States v. Peoples" on Justia Law

The Guild purchased twenty-three ancient Chinese and Cypriot coins from a dealer in London and subsequently challenged the seizure of the coins when it attempted to import them. On appeal, the Guild asked the court to engage in a review of the government's implementation of the Convention on Cultural Property Implementation Act's (CPIA), 19 U.S.C. 2601-2613, import restrictions on Chinese and Cypriot cultural property. The court concluded that the suit sought to have the judiciary assume a role that the statute did not intend for the court to assume. The court reviewed the Guild's various claims and found them to be without merit. Accordingly, the court affirmed the district court's interpretation of the CPIA and affirmed its grant of the government's motion to dismiss. View "Ancient Coin Collectors Guild v. U.S. Customs and Border Protection, et al." on Justia Law

WMC appealed an amended order and judgment, arguing that the district court improperly used the nunc pro tunc device to extend the period during which plaintiff could refile her dismissed state law claims in state court. Because the district court's purported nunc pro tunc entry supplied an order that in fact was not previously made, the court vacated the amended order and judgment. View "Glynne v. Wilmed Healthcare" on Justia Law

This case presented a challenge to Revenue Ruling 69-59, which limited the ability of federal firearms licenses to sell firearms at out-of-state gun shows. The district court granted the Government's motion to dismiss this action, finding that the statute of limitations barred it. Because the agency published Revenue Ruling 69-59 in 1969, the six-year limitations period under 28 U.S.C. 2401(a) has long since expired. Plaintiffs' contention that their cause of action did not accrue until they became federally licensed firearms dealers in 2008 failed. The court rejected plaintiffs' alternative argument and affirmed the judgment. View "Hire Order Ltd v. Marianos" on Justia Law