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

Defendant was convicted of unlawful possession of a firearm. The district court sentenced defendant to 15 years in prison pursuant to the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e), based on defendant's two predicate drug offenses and one predicate violent felony. The court agreed with the district court's determination that defendant's prior conviction for South Carolina strong arm robbery qualifies as a violent felony under the ACCA. Accordingly, the court affirmed the judgment. View "United States v. Doctor" on Justia Law

Plaintiffs, landowners, filed suit in state court seeking a declaration of their rights to build a dock on property subject to a flowage easement. The power company, owner of the easement, removed to federal court. The district court denied plaintiffs' motion to remand to state court and dismissed the complaint. The court concluded that this controversy does not necessarily raise a federal question; this case does not necessarily raise any federal issue; no federal question in this case is actually disputed where this case presents solely a dispute as to state property law; and any federal interest in interpreting the flowage easement is not substantial and that asserting federal jurisdiction over cases like this would disrupt the congressionally approved federal-state balance. Therefore, the court concluded that 28 U.S.C. 1331 provides no basis for federal jurisdiction over this case. Because this case does not “arise under” federal law for purposes of federal question jurisdiction under section 1331, there is no basis for exclusive jurisdiction under 16 U.S.C. 825p. Accordingly, the court vacated the judgment and remanded. View "Pressl v. Appalachian Power Co." on Justia Law

Defendant was convicted of attempting to persuade minors to engage in unlawful sexual activity and sentenced to 120 months in prison and a lifetime of supervised release. On appeal defendant contends that the district court erred by: (1) improperly refusing to suppress evidence obtained as a result of the purportedly unlawful searches of defendant’s vehicle; (2) violating Rule 30(b) of the Federal Rules of Criminal Procedure by failing to inform defendant’s counsel of its jury instructions prior to closing arguments; (3) improperly instructing the jury as to the meaning of “induce” in 18 U.S.C. 2422(b); and (4) improperly holding that the government produced sufficient evidence to sustain defendant’s conviction. The court rejected defendant's arguments and affirmed the judgment. View "United States v. Clarke" on Justia Law

RB&F seeks relief from the Benefits Review Board's holding that RB&F is responsible for the payment of benefits to Turl Mullins, a coal miner, and survivor's benefits to his widow under the Black Lung Benefits Act (BLBA), 30 U.S.C. 901 et seq. At issue is whether RB&F or another operator is liable for the claim. The court concluded that Wilder is not a “responsible operator” for the purposes of the BLBA. The court explained that a mine operator cannot be the responsible operator if it is financially incapable of assuming liability. In this case, it is undisputed that Wilder is bankrupt and is itself incapable of assuming liability. It is also undisputed that Wilder’s insurance company, Rockwood, is insolvent and is incapable of assuming liability. The court need not reach the preemption issue because the VPCIGA is not an insurer for this claim and is not covered by the BLBA. Under DOL regulations, the liability for Mullins’s claim falls to the “potentially liable operator” that most recently employed the miner. Since Wilder cannot be found to be a “potentially liable operator” under 20 C.F.R. 725.494, the liability properly falls to the miner’s next most recent employer, RB&F. The court need not address RB&F's claim regarding the regulatory burden-shifting analysis because the burden of proof was irrelevant to the outcome of this case. Accordingly, the court affirmed the Board's decision. View "RB&F Coal, Inc. v. Mullins" on Justia Law

This case arose more than fifteen years ago as a bid-rigging scheme conjured up by shipping businesses to defraud the United States. In the qui tam proceedings at issue, a jury returned a verdict in 2011 against the Gosselin defendants. Relators appealed, contesting the district court's refusal to award civil penalties. The court granted relief and remanded for further proceedings. On remand, the district court was called upon to resolve the issue of whether relator Kurt Bunk was entitled to recover his judgment from another defendant, Government Logistics N.V. (GovLog). As a preliminary issue, the court concluded that the Peacock v. Thomas principle is inapplicable here, and the district court’s exercise of supplemental jurisdiction over the successor corporation liability claim against GovLog was entirely appropriate. The court concluded that the district court properly declined to apply the substantial continuity test here. However, the district court erred by dismissing Bunk's successor corporation liability claim as insufficiently pleaded. Finally, the court concluded that the district court erred in making the summary judgment award to GovLog. Accordingly, the court vacated and remanded for further proceedings. View "US ex rel. Kurt Bunk v. Government Logistics N.V." on Justia Law

Defendant appealed his sentence after pleading guilty to attempting to enter a bank with the intent to commit a felony affecting it, and a larceny. The court agreed with defendant that the robbery guideline is inapplicable in this case because his indictment contained no mention of the robbery element of force and violence, intimidation, or extortion. Accordingly, the court vacated the sentence and remanded for resentencing. View "United States v. Williams, Jr." on Justia Law

The Commission determined that a fatal accident in a coal mine operated by Consol resulted from Consol's "unwarrantable failure" to ensure that certain equipment in the mine was maintained in a safe, working condition. Consol petitions for review and challenges the Commission's final order. The court concluded that Consol had fair notice that the failure to replace defective shutoff valves raised the possibility of sanctions, and MSHA is therefore not barred from seeking civil penalties in connection with this violation; the ALJ’s conclusion that Addington acted as Consol’s agent in responding to the damaged valves is amply supported by the evidence; the ALJ properly imputed his knowledge and negligence in connection with the accident to Consol; and the court affirmed the ALJ's findings that the challenged violations stemmed from Consol’s unwarrantable failure to comply with applicable MSHA health and safety regulations. Accordingly, the court denied the petition for review. View "Consol Buchanan Mining Co. v. Secretary of Labor" on Justia Law

Plaintiff filed suit against three charitable organizations, alleging that they unlawfully refused to admit her to homeless shelters because of her alleged mental health disability. The district court dismissed the claims under 28 U.S.C. 1915(e)(2)(B)(ii) for failure to state a claim on which relief could be granted. The court concluded that plaintiff's 42 U.S.C. 1983 claim cannot proceed because none of the defendants are state actors; plaintiff's 42 U.S.C. 1985 claim of civil conspiracy between the Salvation Army and Church in the City must also be dismissed because there are no allegations to support the existence of any conspiracy; plaintiff lacks standing to bring a claim under the Americans with Disabilities Act, 42 U.S.C. 12101 et seq.; plaintiff's Fair Housing Act, 42 U.S.C. 3601 et seq., claim was properly dismissed because her complaint does not contain a plausible allegation of discrimination; and plaintiff's claim under the Rehabilitation Act, 29 U.S.C. 794, was also properly dismissed. Accordingly, the court affirmed the judgment of dismissal as modified to indicate that it be without prejudice. View "Thomas v. The Salvation Army" on Justia Law

Plaintiff filed suit under 42 U.S.C. 1983 against various Detention Facility officials, arguing that the imposition of disciplinary segregation without a hearing violated his procedural due process rights. The district court granted summary judgment to defendants, concluding that due process requirements were satisfied by plaintiff's opportunity to file a written appeal after he was placed in disciplinary segregation. The court concluded, however, that as a pretrial detainee, plaintiff was entitled to a hearing before he was punished. In this case, defendants concede that no such hearing was afforded and thus the court directed that judgment be entered for plaintiff on his due process claim. The court remanded for consideration of plaintiff's excessive force claim under the proper standard. View "Dilworth v. Adams" on Justia Law

Petitioner was sentenced to life imprisonment without parole for a nonhomicide offense he committed at the age of sixteen. After Graham v. Florida was decided, petitioner sought postconviction relief but the state courts denied it. The court concluded that petitioner's state court adjudication constituted an unreasonable application of Graham where Virginia courts unreasonably ignored the plain language of the procedures governing review of petitions for geriatric release, which authorize the State Parole Board to deny geriatric release for any reason, without considering a juvenile offender’s maturity and rehabilitation. In light of the lack of governing standards, the court concluded that it was objectively unreasonable for the state courts to conclude that geriatric release affords petitioner with the “meaningful opportunity to obtain release based on demonstrated maturity and rehabilitation” Graham demands. Accordingly, the court affirmed the district court's grant of habeas relief and remanded so that petitioner can be resentenced in accordance with Graham and the Eighth Amendment. View "LeBlanc v. Mathena" on Justia Law