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

The Fourth Circuit held that petitioner's prior misdemeanor conviction under Virginia Code 18.2-280(A), for willful discharge of "any firearm" in a public place without resulting bodily injury, qualifies as a federal "firearm offense" for purposes of removal under the Immigration and Nationality Act (INA), 8 U.S.C. 1227(a)(2)(C). The court held that the plain language of the Virginia statute, as supported by later acts of Virginia's legislature and by decisions of its appellate courts, prohibits conduct involving the use of a "any firearm," including antique firearms. Therefore, petitioner was not required to identify a prosecution under the Virginia statute involving an antique firearm to defend against removal. Accordingly, the conduct punishable under Virginia Code 18.2-280(A) is broader than the conduct encompassed by the federal definition of a "firearm offense." View "Gordon v. Barr" on Justia Law

Plaintiff filed suit under the Uniformed Services Employment and Reemployment Rights Act (USERRA), after his civilian employer did not promptly rehire him after he completed a tour of duty.The Fourth Circuit held that the district court did not err in dismissing plaintiff's discrimination claim under 38 U.S.C. 4311, holding that plaintiff has not pleaded sufficient factual content to support a "reasonable inference" that his military service was a motivating factor in any of the airline's conduct about which he complains; the district court did not err in ruling that American Airlines failed to discharge its statutory duty promptly; and the district court did not err in rejecting plaintiff's contention that American Airlines' conduct was willful. The court affirmed in part and vacated in part, remanding for the district court to recalculate damages, presumptively imposing backpay damages against American Airlines and denying damages for the period from October 22 to January 25, unless the offered position was not an equivalent under the Act. View "Thomas Harwood, III v. American Airlines, Inc." on Justia Law

Plaintiffs, two unaffiliated candidates and one voter seeking to cast votes for write-in candidates, filed suit alleging that North Carolina's qualification requirements for candidates not affiliated with a political party and for candidates whose names are not printed on the ballot violate their First and Fourteenth Amendment rights.The Fourth Circuit held that plaintiffs lack standing to challenge the requirement that an unaffiliated candidate be a "qualified voter" and that a write-in candidate submit a certain number of signatures before votes cast for that write-in candidate will be counted. Furthermore, although two plaintiffs have standing to challenge North Carolina's signature requirements and filing deadline for unaffiliated candidates, the court agreed with the district court that these election laws impose only a modest burden that is justified by the state's interest in regulating elections. Therefore, the court affirmed the district court's dismissal of plaintiffs' claims, relying in part on different reasons than those expressed by the district court. View "Buscemi v. Bell" on Justia Law

The Fourth Circuit vacated the district court's dismissal of plaintiff's complaint alleging claims under the Fair Debt Collection Practices Act (FDCPA). The district court concluded that the entire complaint was time-barred because the more recent violations that plaintiffs alleged were of the "same type" as other violations that occurred outside the one-year limitations period.The court disagreed with the district court's analysis and held that each violation of the FDCPA gives rise to a separate claim governed by its own limitations period. In this case, plaintiffs have alleged at least two potential violations of the FDCPA that are not barred by the one-year limitations period provided by the Act. Therefore, the court remanded for further proceedings. View "Bender v. Elmore & Throop, P.C." on Justia Law

The Fourth Circuit affirmed the district court's judgment entered in favor of Rand in an action brought by plaintiff, a former employee, alleging that Rand unlawfully fired her for taking leave under the Family Medical Leave Act (FMLA).The court affirmed and agreed with the district court that plaintiff failed to present sufficient evidence for a reasonable jury to find that Rand's justification for the termination was false and merely a pretext for retaliation. In this case, Rand presented a lawful explanation for firing plaintiff: performance problems. The court also held that the district court did not abuse its discretion by excluding a former employee's testimony under Federal Rule of Evidence 403. View "Fry v. Rand Construction Corp." on Justia Law

The Fourth Circuit affirmed defendant's sentence imposed after he pleaded guilty to possession of a firearm by a felon. The court was bound by its prior decision in United States v. Mungro, 754 F.3d 267, 272 (4th Cir. 2014), holding that the North Carolina breaking and entering statute "sweeps no more broadly than the generic elements of burglary" and therefore its violation qualifies as an Armed Career Criminal Act predicate conviction. Therefore, defendant's previous conviction for breaking and entering, in violation of North Carolina General Statutes 14-54, qualifies as an ACCA predicate conviction under 18 U.S.C. 924(e)(2)(B)(ii). View "United States v. Dodge" on Justia Law

The Fourth Circuit affirmed the district court's denial of defendant's motion to suppress evidence of a firearm after defendant conditionally pleaded guilty to possession of a firearm by a felon. The court held that the officer had reasonable suspicion of criminal activity when he stopped and frisked defendant. In this case, a bystander called 911 to report a large fight and assault, with a victim knocked out laying on the ground; the area was known to be a problem area; and officers could reasonably infer from the report that the person with the gun was involved in the fight. The court rejected defendant's contention that the tip from the bystander was unreliable and that the tip insufficiently alleged illegal conduct. View "United States v. Mitchell" on Justia Law

MSI filed suit challenging Maryland Senate Bill 707 banning "rapid fire trigger activators" - devices that, when attached to a firearm, increase its rate of fire or trigger activation -- as violating the Takings Clause of the United States Constitution as well as Maryland's takings provisions. MSI also alleged that the statute is void for vagueness.The Fourth Circuit affirmed the district court's dismissal of the complaint based on MSI's lack of standing. The court held that MSI lacked organizational standing; the district court properly dismissed the pre-enforcement vagueness challenge for lack of standing; appellants failed to state a claim that the statute violates the Takings Clause; and the district court properly determined that SB-707 does not violate Article 24 of the Maryland Declaration of Rights. The court explained that, although SB-707 may make the personal property economically worthless, owners are aware of that possibility in areas where the State has a traditionally high degree of control. In this case, SB-707 does not alter the rights appellants possessed when they purchased their rapid fire trigger activators, nor does it impose new liability back to the date of purchase. Rather, appellants had fair notice of the change in law, because SB-707 was passed six months before it first went into effect. View "Maryland Shall Issue, Inc. v. Hogan" on Justia Law

The Fourth Circuit affirmed Defendants Gutierrez, Baxton, and Gilmore's convictions and sentences for various charges related to their membership in the United Blood Nation (UBN) gang.The court held that the district court did not abuse its discretion by empaneling an anonymous jury; the district court did not abuse its discretion in denying recusal; the district court did not abuse its discretion in regard to jury selection; the district court properly denied Gilmore's motion to suppress; the evidence was sufficient to support defendants' convictions for conspiracy to participate in a racketeering enterprise; the district court did not abuse its discretion in refusing to issue a special jury verdict form; and the district court properly instructed the jury. The court upheld the district court's denial of Gilmore's motion for a new trial; held that the evidence was sufficient to support the jury's civil forfeiture findings; and held that defendants' respective sentences were not procedurally and substantively unreasonable. View "United States v. Gutierrez" on Justia Law

Petitioner, a native and citizen of El Salvador, petitioned for review of the BIA's final order of removal affirming the IJ's denial of his application for asylum and other forms of relief. Petitioner claimed that he was persecuted and fears future persecution on account of his family ties.The Fourth Circuit dismissed the petition for review in part, holding that petitioner's jurisdictional argument -- that because his initial notice to appear did not include a time or date for a hearing, the immigration court lacked jurisdiction over his removal proceeding -- is squarely foreclosed by the court's recent opinion in United States v. Cortez, 930 F.3d 350, 355 (4th Cir. 2019), which was issued only after the parties' briefing in this case. The court denied the petitioner for review in part, holding that substantial evidence supports the determination of the IJ and BIA that petitioner has not met his burden of showing eligibility for asylum. In this case, the record does not compel the conclusion that family membership was at least one central reason why petitioner was threatened by his brother's attackers. Therefore, petitioner cannot satisfy the nexus requirement and is not eligible for asylum. View "Cedillos-Cedillos v. Barr" on Justia Law