fourth-circuit

246 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-6814 Tony Minh Le v. United States Fourth Circuit 2026-02-13 Pending Response WaivedIFP continuance district-court fourth-circuit judicial-review procedural-fairness speedy-trial-act Whether the district court and Fourth Circuit made a fair and lawful Speedy Trial Act ruling denying relief, without properly assessing the timing of …
25-6750 Shawn Thomas Johnson v. United States Fourth Circuit 2026-02-06 Pending Response WaivedIFP as-applied-challenge constitutional-challenge criminal-statute felon-in-possession firearm-ban fourth-circuit Petitioner Shawn Johnson was a felon only because of his nonviolent offenses of manufacturing and uttering counterfeit United States currency. After b…
25-867 Joseph Walters, Director, Virginia Department of Corrections v. Christopher Coleman Fourth Circuit 2026-01-21 Pending aedpa de-novo-review fourth-circuit habeas-corpus party-presentation state-court-judgment 1. Whether the Fourth Circuit violated the Antiterrorism and Effective Death Penalty Act (AEDPA) and the party-presentation principle by granting habe…
25A768 Elephant Insurance Company, et al. v. Christopher Holmes, et al. Fourth Circuit 2026-01-05 Application article-iii-standing common-law-tort data-breach fourth-circuit intangible-injury transunion Question not identified.
25-511 William Edward Williamson v. School Board of Chesapeake City, Virginia, et al. Fourth Circuit 2025-10-24 Denied Response Waived civil-rights evidentiary-standard fourth-circuit mcdonnell-douglas racial-discrimination summary-judgment 1. Whether the Fourth Circuit's application of a heightened and unprecedented evidentiary standard for proving racial discrimination against an Asian …
25A441 Eric Tyrell Johnson v. United States Fourth Circuit 2025-10-20 Presumed Complete certiorari constitutional-error criminal-case fourth-circuit legal-standard supreme-court-review Whether police conduct a Fourth Amendment search of a home (thus requiring consent or a warrant) when they use a drug-detection canine to sniff the do…
25A371 Rashun Suncar v. United States Fourth Circuit 2025-09-30 Presumed Complete categorical-approach controlled-substance fourth-circuit state-court-deference statutory-interpretation supreme-court-rule-10 Question not identified.
25-5768 Lorene Chittenden v. United States Fourth Circuit 2025-09-30 Denied Response WaivedIFP court-interpretation fourth-circuit intervening-change legal-deadline restitution-statute timely-appeal In People v. Weeks 498 P. 142, 2021 CO 75, the court interpreted the restitution statute, 18-1.3-603, C.R.S. (2021). The court concluded that the rest…
25-5649 David Anthony Runyon v. United States Fourth Circuit 2025-09-16 Denied Response WaivedIFP crime-of-violence fourth-circuit murder-for-hire postconviction-relief sentencing-enhancement statutory-interpretation To hold that petitioner's 18 U.S.C. § 1958(a) conviction for conspiracy to commit murder for hire resulting in death was a valid predicate "crime of v…
25-302 Patsy Talley v. Dale R. Folwell, et al. Fourth Circuit 2025-09-16 Denied Response Waived due-process fourth-circuit pre-deprivation procedural-rights property-rights state-treasurer Whether the Fourth Circuit Court of Appeals in a published opinion has ignored decades of law establishing the right to pre-deprivation due process in…
25A204 Jairo Arnaldo Jacome v. United States Fourth Circuit 2025-08-20 Presumed Complete criminal-procedure fourth-circuit jury-instructions plain-error rico-conspiracy substantial-rights Question not identified.
25-5330 Raymond Dugan v. United States Fourth Circuit 2025-08-12 Denied Response WaivedRelisted (2)IFP constitutional-protections fourth-circuit joint-venture law-enforcement probable-cause search-warrant 1. Did the Fourth Circuit Court of Appeals construe the "Joint-Venture " doctrine too narrowly to comply with constitutional protections? 2. Should t…
25-5190 Curtis Dickerson v. United States Fourth Circuit 2025-07-24 Denied Response WaivedIFP co-conspirators expert-testimony fourth-circuit hearsay insufficient-evidence monetary-forfeiture I. Whether the Fourth Circuit erred by dismissing Mr. Dickerson's appeal, where the District Court improperly entered a $2,400,000.00 Order of Monetar…
25A87 Veronica W. Ogunsula v. Trooper First Class Michael Warrenfeltz Fourth Circuit 2025-07-22 Presumed Complete certiorari fourth-circuit petition pro-se supreme-court-rules time-extension QUESTIONS TO BE PRESENTED (AS CONCEIVED TO DATE): 1. Are officials or law enforcement officers covered by or entitled to a defense of Qualified Immun…
25-5125 Terrence Mack Booth v. Kevin McCoy, Warden Fourth Circuit 2025-07-16 Denied IFP constitutional-right evidentiary-hearing fourth-circuit habeas-corpus ineffective-assistance procedural-default Did the Fourth Circuit err in deferring to the District Court's finding that the Petitioner was not prejudiced by his defense counsel's failure to rec…
25-52 Terence Clark, Director, Prince George's County Department of Corrections, et al. v. Jeremiah Antoine Sweeney Fourth Circuit 2025-07-15 Judgment Issued Response RequestedResponse WaivedRelisted (4) AEDPA exhaustion-requirement fourth-circuit habeas-corpus merits-standard party-presentation The Antiterrorism and Effective Death Penalty Act (AEDPA) prohibits federal courts from granting habeas relief on any claim alleged by a habeas petiti…
25-34 Continental Finance Company, LLC, et al. v. Tiffany Johnson, et al. Fourth Circuit 2025-07-10 Pending Response Waived arbitration-provision consideration contract-law federal-arbitration-act fourth-circuit maryland-law Does the Federal Arbitration Act, 9 U.S.C. § 2, permit courts to apply a heightened consideration standard solely to contractual arbitration provision…
25A18 Juan Carlos Sandoval-Rodriguez v. United States Fourth Circuit 2025-07-08 Presumed Complete constitutional-standard criminal-trial due-process fourth-circuit jury-instruction reasonable-doubt Whether a trial court in criminal proceedings must, upon request from the jury or the defendant, issue an instruction regarding the meaning of the "be…
24-7357 Christopher Scott Jones v. United States Fourth Circuit 2025-06-05 Denied Response WaivedIFP criminal-procedure due-process fourth-circuit obstruction-enhancement plea-agreement sentencing-guidelines I. Whether the Fourth Circuit erred because the District Court improperly accepted a plea and proceeded with sentencing where Mr. Jones had not been a…
24-1219 Dora L. Adkins v. JP Morgan Chase Bank, N.A. Fourth Circuit 2025-05-30 Denied civil-procedure district-court federal-jurisdiction fourth-circuit motion-to-dismiss pro-se-plaintiff I. Whether the U.S. Court of Appeals for the Fourth Circuit ("Fourth Circuit ") properly AFFIRMED the district court 's order. Pet. App. A, p. 3a. …
24-7298 Thurmond R. Guess, Sr. v. Leonardo Brown, Administrator, Richland County, South Carolina, et al. Fourth Circuit 2025-05-28 Denied Relisted (2)IFP 42-usc-1983 constitutional-rights district-court equal-protection fourth-circuit rule-59e 1. Did the United State District Court of Columbia South Carolina and the Fourth Circuit Court of Appeals err Under Rule 59 E, on Motion to Alter or A…
24A1150 Stephen Corey Bryant v. Joel Anderson, Acting Director, South Carolina Department of Corrections, et al. Fourth Circuit 2025-05-27 Presumed Complete capital-punishment constitutional-rights death-penalty fourth-circuit habeas-corpus ineffective-assistance Question not identified.
24A1120 Anita Louise Jackson v. United States Fourth Circuit 2025-05-20 Presumed Complete criminal-charges criminal-conviction first-impression fourth-circuit medical-instrument physician-liability Question not identified.
24-7165 John Laurence Berman v. Richard Jordan, Senior Judge, Circuit Court of Maryland, Montgomery County, et al. Fourth Circuit 2025-05-09 Denied IFP briefing-procedure court-rules fourth-circuit judicial-process legal-fraud procedural-integrity 1) Is the Fourth Circuit's published "informal briefing" sheet a fraud, such that its statement (the following) is ignored: "The Court will consider t…
24-1076 John Sigley v. ND Fairmont LLC Fourth Circuit 2025-04-15 Denied Response Waived americans-with-disabilities-act dischargeable-misconduct employment-discrimination fourth-circuit medical-condition-disclosure post-offer-questionnaire Whether an individual's decision not to disclose a medical condition on a post-offer questionnaire receives protection under the ADA?
24-6930 Demetris Sean Robinson v. United States Fourth Circuit 2025-04-04 Denied Response WaivedIFP constitutional-rights criminal-procedure district-court effective-assistance-counsel evidence-suppression fourth-circuit 1. At issue herein is whether the District Court erred by allowing evidence obtained in violation of petitioner's constitutional rights by State offic…
24-6682 Raequan Rucker v. United States Fourth Circuit 2025-02-28 Denied Response WaivedIFP appeal-dismissal appellate-procedure fourth-circuit judicial-review legal-standing procedural-error I. Whether the Fourth Circuit erred by dismissing Mr. Rucker's Appeal before that Court.
24-6652 David R. Kitchen v. United States Fourth Circuit 2025-02-26 Denied Response WaivedIFP criminal-procedure fourth-circuit home-detention judicial-review sentencing-discretion supervised-release I. Whether the Fourth Circuit erred by affirming the District Court's discretion in sentencing Mr. Kitchen to six (6) months of home detention for a s…
24-6575 Marshall Ray Scarborough v. United States Fourth Circuit 2025-02-14 Denied Response WaivedIFP appeal-waiver criminal-procedure due-process fourth-circuit plea-agreement sentencing Federal Rule of Criminal Procedure 11(b)(1)(N) requires that, before a district court accepts a plea of guilty, it must first "inform the defendant of…
24A766 Aghee William Smith, II v. United States Fourth Circuit 2025-02-06 Presumed Complete conspiracy criminal-conviction fourth-circuit mail-fraud sufficiency-of-evidence wire-fraud Question not identified.
24-6482 In Re Petera Micale Carlton 2025-02-05 Denied IFP career-offender criminal-law fourth-circuit sentencing-guidelines statutory-interpretation Is Petitioner still a career offender based upon the Decision of the Fourth Circuit in United States v. Simmons, 649 F.3d 247 (4th Cir. 2011?I.
24-6204 Ronald P. Hargrave v. United States Fourth Circuit 2024-12-26 Denied Response WaivedIFP controlled-substance due-process fourth-circuit harmless-error prescription-error ruan-standard Can a physician be convicted of a violation of 21 U.S.C. §841, post-Ruan, when that physician's conduct in prescribing the controlled substance was bo…
24-6110 Askari Danso MS Lumumba, fka Dale Lee Pughsley v. Jeffrey Kiser Fourth Circuit 2024-12-10 Denied IFP first-amendment fourth-circuit inmate-correspondence overbreadth prison-regulation turner-balancing 1. Whether the Fourth Circuit erred by holding, in conflict with this Court's decision in United States v. Stevens, 559 U.S. 460 (2010), that a prison…
24A550 Zackary Ellis Sanders v. United States Fourth Circuit 2024-12-05 Presumed Complete appellate-review child-exploitation criminal-statute federal-sentencing fourth-circuit statutory-interpretation Question not identified.
24-544 Patrick Emanuel Sutherland v. United States Fourth Circuit 2024-11-14 Denied Response Waived appellate-procedure coram-nobis fourth-circuit judicial-review post-conviction-remedy writ-of-error 1. Whether, in conflict with the opinion of this Court, the United States Court of Appeals for the Fourth Circuit has improperly limited the post-conv…
24-5735 Robert G. Moore v. Ronald Weber, Warden, et al. Fourth Circuit 2024-10-10 Denied IFP district-court due-process evidentiary-ruling fourth-circuit judicial-review procedural-error (1) Did the Fourth Circuit and District Court abuse its discretion under the 14th amend. for not deciding on the merits that the de Fenda. of de Siber…
24-5401 Whitney Leigh Estep v. United States Fourth Circuit 2024-08-27 Denied Response WaivedIFP appellate-review criminal-procedure fifth-amendment fourth-circuit sentencing-discretion witness-testimony A. WHETHER THE FOURTH CIRCUIT COURT OF APPEALS ERRED BY DENYING MS. ESTEP'S ARGUMENT THAT THE DISTRICT COURT COMMITTED REVERSIBLE ERROR BY ALLOWING TH…
24-5403 Tynia Levesy v. Christopher Scolese, Director, National Reconnaissance Office, et al. Fourth Circuit 2024-08-27 Denied Response WaivedRelisted (2)IFP appellate-procedure constitutional-claims fourth-circuit jurisdiction rule-26f rule-56d I. Did the Fourth Circuit Court of Appeals Have Jurisdiction Over Petitioner's Claims of a Constitutional Magnitude? II. Was the Fourth Circuit Court…
24A192 Sherman Brown v. Kevin McCoy, Warden Fourth Circuit 2024-08-22 Presumed Complete constitutional-rights criminal-procedure fourth-circuit innocence-project post-conviction writ-of-certiorari Question not identified.
24A196 Michael Scott Hoover v. United States Fourth Circuit 2024-08-22 Presumed Complete appellate-review criminal-sentencing fourth-circuit ineffective-counsel procedural-due-process writ-of-certiorari Question not identified.
24-5264 Delgen Foye v. Scott S. Harris, et al. Fourth Circuit 2024-08-07 Denied IFP appellate-review criminal-law federal-procedure fourth-circuit judicial-discretion sentencing-guidelines \Adun <x W^\ucV c^ci 4te orkkj w&k<*j4-^ ?ro?P^r ^>sWi4-?6r\ k tie alW) a a**. 4o frtc&J Os^l ct\\.tOz (Mins In^ V^r Case (\&n-Um 4r +ke offeah CDorV…
24-5141 Marcus Jay Davis v. United States Fourth Circuit 2024-07-25 Denied Response RequestedResponse WaivedRelisted (2)IFP 18-usc-924c attempted-murder attempted-murder-virginia-law categorical-approach crime-of-violence fourth-circuit fourth-circuit-court-of-appeals section-924(c) united-states-v-taylor Whether the Fourth Circuit Court of Appeals erred in deciding that attempted murder under Virginia law is a crime of violence under the categorical ap…
24-78 Intelligent Waves, LLC v. Marthe Lattinville-Pace Fourth Circuit 2024-07-25 Denied Response Waived adea age-discrimination but-for-causation civil-rights due-process eeoc-complaint employment employment-law equal-employment-opportunity-commission fourth-circuit Does a claim of age discrimination under 29 U.S.C. § 621 et seq. fail in the absence of but-for causation?
23A1162 Donte Parrish v. United States Fourth Circuit 2024-06-26 Presumed Complete appellate-review constitutional-claim criminal-procedure fourth-circuit ineffective-assistance prosecutorial-misconduct Question not identified.
23A1152 John Dwayne Garvin v. Levern Cohen, Warden Fourth Circuit 2024-06-25 Presumed Complete certiorari constitutional-error fourth-circuit jurisdiction legal-research pro-se Question not identified.
23A1135 John Dwayne Garvin v. Levern Cohen, Warden Fourth Circuit 2024-06-21 Presumed Complete certiorari constitutional-error fourth-circuit jurisdiction legal-research pro-se Question not identified.
23A1074 Sony Music Entertainment, et al. v. Cox Communications, Incorporated, et al. Fourth Circuit 2024-05-31 Presumed Complete contributory-liability copyright-infringement digital-millennium-copyright-act fourth-circuit internet-service-provider safe-harbor Question not identified.
23-7502 Kevin Day v. United States Fourth Circuit 2024-05-17 Denied Response WaivedIFP 4a1.3(b) criminal-history district-court-discretion downward-departure fourth-circuit motion-to-dismiss sentencing-guidelines variance-sentence I. Whether the District Court abused its discretion by failing to give Mr. Day a variance sentence and a shorter period of incarceration based upon a …
23A987 Joe Louis Adams, Jr. v. 3D Systems, Inc. Fourth Circuit 2024-05-06 Presumed Complete court-filing extension-of-time fourth-circuit hardship petition-for-certiorari pro-se Question not identified.
23-7286 Francis Arthur v. United States Fourth Circuit 2024-04-23 Denied Response WaivedIFP brady-v-maryland brady-violation criminal-procedure deportation due-process exculpatory-evidence fourth-circuit material-witness motion-to-dismiss witness-deportation 1. Whether the Fourth Circuit erred in affirming the district court's denial of Arthur's motion to dismiss the indictment because the Government depor…
23-7133 Garry Hines v. United States Fourth Circuit 2024-04-03 Denied Response WaivedIFP acceptance-of-responsibility appellate-review criminal-appeal criminal-sentencing due-process fourth-circuit sentencing-discretion sentencing-guidelines statutory-maximum 1. Whether the Fourth Circuit erred when determining that Petitioner's Sentence which exceeded the statutory maximum was proper and reasonable 2. Whe…
23A868 Steven Vernon Bixby v. Bryan P. Stirling, Commissioner, South Carolina Department of Corrections, et al. Fourth Circuit 2024-03-28 Presumed Complete capital-case certiorari-extension constitutional-review death-penalty fourth-circuit habeas-corpus Question not identified.
23A861 Larry Elwood Steptoe v. United States Fourth Circuit 2024-03-25 Presumed Complete appeal-dismissal fourth-circuit habeas-corpus legal-access prisoner-rights sentencing Question not identified.
23A842 Quentin Freeman v. Daniel Deas Fourth Circuit 2024-03-15 Presumed Complete appellate-review certiorari criminal-procedure fourth-circuit incarcerated-petitioner legal-clinic Question not identified.
23-7003 Kenneth Malik Wise v. United States Fourth Circuit 2024-03-15 Denied Response WaivedIFP appeal-waiver criminal-procedure due-process fourth-circuit knowingly-waived plea-agreement sentencing sentencing-argument Did the United States Court of Appeals for the Fourth Circuit err by concluding that Appellant Kenneth Malik Wise knowingly and voluntarily waived his…
23A833 Brandon Roberts v. Wexford Health Sources, Inc., et al. Fourth Circuit 2024-03-11 Presumed Complete civil-rights fourth-circuit legal-access prisoner-litigation pro-se writ-of-certiorari Question not identified.
23A801 Richard Arlee Champion v. United States Fourth Circuit 2024-02-29 Presumed Complete certiorari court-review en-banc fourth-circuit inmate-rights petition-for-rehearing Question not identified.
23A784 Kamal Mustafa v. Omaha Property Manager, LLC Fourth Circuit 2024-02-27 Presumed Complete certiorari fourth-circuit jurisdiction pro-se supreme-court-rules time-extension Question not identified.
23A781 Lawrence L. Crawford v. Warden of Lieber Correctional Institution Fourth Circuit 2024-02-26 Denied appellate-review court-procedure due-process fourth-circuit judicial-jurisdiction mandate-rule Question not identified.
23-6585 Arnulfo Fagot-Maximo v. United States Fourth Circuit 2024-01-26 Denied Response WaivedIFP appellate-review certificate-of-appealability criminal-procedure district-court due-process fourth-circuit government-vouching habeas-corpus witness-testimony I. Should a writ of certiorari be granted to since the Fourth Circuit Court of Appeals erred in not granting a Certificate of Appealability II. Shoul…
23A675 Hong Tang v. Kurt L. Schmoke, et al. Fourth Circuit 2024-01-22 Presumed Complete civil-rights dismissal federal-procedure fourth-circuit pro-se rule-12b6 Question not identified.
23-6477 Jamaile L. Huey v. United States Fourth Circuit 2024-01-12 Denied Response WaivedIFP borden-v-united-states crime-of-violence criminal-law federal-jurisdiction fourth-circuit mens-rea robbery robbery-statute sentencing sentencing-guidelines violent-crime Whether a state robbery conviction, sustained under a statute without a specified mens rea for the element of violence or threat of violence, but with…
23A541 Carl Ray McNeil, Jr. v. United States Fourth Circuit 2023-12-13 Presumed Complete appellate-rights constitutional-review criminal-procedure due-process federal-criminal-law fourth-circuit Whether the ACCA's different-occasions element must be found by a jury rather than a sentencing judge.
23A536 Martin Akerman v. Lloyd J. Austin, III, Secretary of Defense, et al. Fourth Circuit 2023-12-12 Presumed Complete appellate-review certiorari-extension fourth-circuit judicial-review statutory-interpretation supreme-court-jurisdiction Question not identified.
23A482 Mark Anthony Crudup, Jr. v. United States Fourth Circuit 2023-11-29 Presumed Complete certiorari-petition court-appointed-counsel fourth-circuit ineffective-assistance jurisdictional-deadline withdrawal-of-counsel Question not identified.
23-6018 Calvin F. Currica v. Richard Miller, Warden Fourth Circuit 2023-11-15 Denied Response WaivedIFP brady-standard brady-vs-maryland criminal-procedure due-process fourth-circuit guidelines judicial-review plea-agreement plea-bargaining post-conviction-review sentencing sentencing-guidelines Whether the decision below should be summarily reversed because the Fourth Circuit substituted its judgment for an erroneous factual decision by the s…
23-5978 Brian Keith Person, Jr. v. United States Fourth Circuit 2023-11-08 Denied Response WaivedIFP appeal-waiver appellate-review constitutional-rights criminal-procedure due-process fourth-circuit knowing-voluntary plea-agreement plea-bargaining voluntariness Whether the Fourth Circuit Erred By Dismissing Mr. Person's Appeal Pursuant to An Appeal Waiver When He Argued that His Plea was Not Knowing and Volun…
23-5790 Brock Brian Beeman v. United States Fourth Circuit 2023-10-16 Denied Response WaivedIFP appeal-waiver circuit-split criminal-procedure due-process fourth-circuit notice-requirements plea-agreement rule-32 sentencing sentencing-notice Did the Fourth Circuit err in upholding the Petitioner's appeal waiver to preclude his claim that the trial court violated the notice provisions of Ru…
23-5766 Richard Todd Haas v. United States Fourth Circuit 2023-10-12 Denied Response WaivedIFP 18-usc-3553(a) 3553a-factors appellate-review criminal-sentencing fourth-circuit procedural-error sentencing-guidelines variance-sentence Is the Fourth Circuit's plausibility test for evaluating a variance sentence under the 18 U.S.C. § 3553(a) factors, because it is untethered from any …
23-264 Jay Hannah v. United Parcel Service, Inc. Fourth Circuit 2023-09-19 Denied Response Waived ada ada-accommodation business-decision disability-rights employment-discrimination equipment-modification fourth-circuit judicial-review reasonable-accommodation reasonable-modification union-employee This is a crucial matter involving the rights of disabled, union employees to receive reasonable accommodation that has not yet been, but should be, d…
23-5469 Peonte Shamar Spencer v. United States Fourth Circuit 2023-08-29 Denied Response WaivedIFP appellate-review civil-procedure civil-rights constitutional-law constitutional-provisions criminal-sentencing due-process fourth-circuit hobbs-act standing statutory-interpretation violent-conduct 1) Whether this court's wae fo as - a rele? be ion fir Concdusron that fe: t made _-+he eat showin of dea na, tot het Hae eli Tia —_———i prsceducal cu…
23-5433 Kingsley Azubuike Ononuju v. Virginia Housing Development Authority, et al. Fourth Circuit 2023-08-24 Denied Response WaivedIFP 42-usc-1983 agency-regulation constitutional-rights fourth-circuit improper-eviction rule-12b6 rule-60(b)(4) rule-60b4 section-1983 tila tila-claim void-judgment A. Did the Fourth Circuit err in affirming the ruling of the district Court in which granted "Rule 12(b)(6) motion " of the Respondent against TILA cl…
23-158 Dora L. Adkins v. Fitness International, LLC Fourth Circuit 2023-08-18 Denied civil-procedure complaint-dismissal dismissal district-court district-court-order emergency-complaint fourth-circuit in-forma-pauperis judicial-discretion standing 1) Whether the U.S. Court of Appeals for the Fourth Circuit ("Fourth Circuit") properly AFFIRMED the district court's order that adopted the recommend…
23-5313 Leonardo Roque v. Eddie M. Buffaloe, Jr., Secretary, North Carolina Department of Public Safety Fourth Circuit 2023-08-09 Denied Relisted (2)IFP appellate-review certiorari civil-procedure constitutional-merit due-process equitable-tolling fourth-circuit habeas-corpus judicial-discretion procedural-ruling standing statute-of-limitations 1. Did the Fourth Circuit Court of Appeals commit Error when the Court Denied Petitioner's Certificate of Appealability on Grounds that Dispositive Pr…
23-5131 Xavier Dominique Garris v. United States Fourth Circuit 2023-07-19 Denied Response WaivedIFP criminal-procedure due-process fourth-circuit harmless-error judicial-review plea-bargaining plea-colloquy rehaif-error remand standard-of-review trial-probability 1. WHETHER, IN A CASE WHERE REHAIF ERROR OCCURRED, THE FOURTH CIRCUIT ERRED IN FAILING TO REMAND THE CASE TO THE DISTRICT COURT TO MAKE THE DETERMINAT…
22-7832 David Troy, III v. United States Fourth Circuit 2023-06-22 Denied Response WaivedIFP circuit-court circuit-precedent criminal-resentencing fair-sentencing-act first-step-act fourth-circuit retroactive-changes retroactive-law sentencing sentencing-guidelines statutory-interpretation Whether retroactive changes in the law unrelated to the Fair Sentencing Act must be corrected in a First Step Act proceeding?
22-1207 Columbia Falls Aluminum Company, LLC v. Atlantic Richfield Company Ninth Circuit 2023-06-13 Denied abuse-of-discretion cercla district-court environmental-response-costs equitable-allocation fourth-circuit judicial-review standard-of-review Whether a district court's equitable allocation of environmental response costs pursuant to Section 113(f)(1) of the Comprehensive Environmental Respo…
22-7711 William Jon Patric Ebert v. United States Fourth Circuit 2023-06-05 Denied Response WaivedIFP criminal-procedure due-process evidence evidence-admissibility fourth-circuit prior-bad-acts rule-404(b) rule-404b sixth-circuit united-states-v-stout WHETHER THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT ERRED IN AFFIRMING THE DISTRICT COURT'S RULING TO ADMIT EVIDENCE OF THE APPELLANT'S …
22-7692 Gregory Allen Oaks v. United States Fourth Circuit 2023-06-02 Denied Response RequestedResponse WaivedRelisted (2)IFP armed-career-criminal-act assault-offense circuit-split drunk-driving fourth-circuit mens-rea reckless-mens-rea violent-felony In Borden v. United States, 141 S. Ct. 1817 (2021), five Justices of this Court agreed that offenses with a reckless mens rea do not qualify as a "vio…
22-7534 Charles Claude Ramsey v. Kimberly H. Runion, Director, Virginia Center for Behavioral Rehabilitation Fourth Circuit 2023-05-11 Denied IFP civil-rights conflict-of-interest constitutional-rights criminal-procedure due-process evidence fourth-circuit judicial-recusal self-incrimination standing state-law Question not identified.
22-7498 Joel Armando Rodriguez v. United States Fourth Circuit 2023-05-09 Denied Response WaivedIFP cooperating-defendants cooperating-witnesses criminal-procedure drug-weight fourth-circuit methamphetamine offense-level plea-bargaining relevant-conduct sentencing-guidelines WHETHER THE DISTRICT COURT IMPROPERLY EXPANDED GUIDELINE § 1B1.3 BY INCLUDING AS RELEVANT DRUG WEIGHT UNCORROBORATED STATEMENTS OF TWO COOPERATING DEF…
22-7414 John Henry Moore v. United States District Court for the Western District of North Carolina Fourth Circuit 2023-05-01 Denied Response WaivedIFP appeals appellate-review civil-procedure civil-rights district-court due-process fourth-circuit judicial-procedure mandamus standing writ-of-relief Whether the Fourth Circuit Court of Appeals erred in its decision regarding the District Court proceedings, Petition for Writ of Mandamus and other ma…
22-7389 Gerald Lee Banks v. A. W. Wingfield, Acting Warden Fourth Circuit 2023-04-27 Denied Response WaivedIFP appeal appellant-court case-law criminal-procedure due-process fourth-circuit judicial-review legal-precedent precedent sentencing-error Did the Appellant err when it violated its own precedent in denying Banks sentencing error? Did the Lower Court err when it violated Fourth Circuit p…
22-7322 Tevaris Crawford v. Mack Bailey, Warden Fourth Circuit 2023-04-19 Denied IFP appeals appellate-procedure certificate-of-appealability civil-procedure due-process fourth-circuit habeas-corpus judicial-review legal-error standing writ-of-certiorari Did the Appeals Court of the Fourth Circuit error by denying a certificate of appealability?
22-7290 Michael Kenneth Howard v. United States Fourth Circuit 2023-04-14 Denied Response WaivedIFP abuse-of-discretion acceptance-of-responsibility criminal-procedure district-court fourth-circuit right-to-appeal sentencing-guidelines waiver waiver-of-appeal I. Whether the Fourth Circuit erred by ruling that Mr. Howard waived his right to appeal whether the District Court erred by not applying Acceptance o…
22-7216 Terrell Anderson v. United States Fourth Circuit 2023-04-05 Denied Response WaivedIFP 4th-amendment appellate-review criminal-procedure exclusionary-rule fourth-circuit judicial-review motion-to-suppress pretrial-motion search-and-seizure standard-of-review Whether the United States Court of Appeals for the Fourth Circuit erred when it affirmed the district court's denial of Terrell Anderson's pretrial mo…
22-946 Martin Jay Manley v. United States Fourth Circuit 2023-03-29 Denied Response Waived borden categorical-approach circuit-split divisibility extreme-recklessness fourth-circuit mathis use-of-force vicar-statute violent-crimes-in-aid-of-racketeering 1. Whether the Fourth Circuit erred, in conflict with decisions of other circuits, in holding that for purposes of applying the categorical approach t…
22-932 North Carolina Division of Sons of Confederate Veterans, Inc. v. North Carolina Department of Transportation, et al. Fourth Circuit 2023-03-24 Denied Response RequestedResponse WaivedRelisted (2) civil-rights constitutional-law first-amendment fourth-circuit free-speech government-speech license-plate public-forum specialty-license-plate state-law 1. Did the district court and Fourth Circuit Court of Appeals err in applying the "Government Speech" doctrine to limit the speech of private citizens…
22-7035 Brian Keith Person, Jr. v. United States Fourth Circuit 2023-03-17 Denied Response WaivedIFP fourth-circuit harmless-error mitigating-arguments procedural-error sentencing standard-of-review supervised-release I. Whether the Fourth Circuit Erred By Applying a "Plainly Unreasonable" Standard of Review for Mr. Person's Supervised Release Violation Sentence ins…
22-7014 Michael Hucks v. United States Fourth Circuit 2023-03-15 Denied Response WaivedIFP alternate-sentence appellate-review armed-career-criminal-act circuit-split constitutional-notice criminal-procedure fourth-circuit guideline-errors harmless-error sentencing-guidelines sentencing-procedure I. Whether the United States Court of Appeals for the Fourth Circuit's reliance on an announced alternate variant sentence to assume as harmless all G…
22-6972 Deandre Earp v. United States Fourth Circuit 2023-03-08 Denied Response WaivedIFP appellate-review constitutional-rights criminal-procedure due-process eighth-amendment equal-protection fourth-circuit judicial-interpretation mental-illness sentencing Whether a General Act violating the Constitution of the United States presents a "question" within the meaning of the Judiciary Act. Whether the peti…
22-797 Marquay Quamaine Sheppard v. United States Fourth Circuit 2023-02-22 Denied Response Waived appeal circuit-court-precedent criminal-appeal criminal-procedure district-court due-process fourth-circuit precedent sentencing supreme-court supreme-court-decisions Did the Fourth Circuit err by dismissing the Petitioner's appeal and affirming the 188 month sentence imposed by the trial court, inasmuch as this dec…
22-747 Tracy Renee Pennington v. West Virginia West Virginia 2023-02-09 Denied Amici (3)Relisted (2) arrest-warrant circuit-split fourth-amendment fourth-circuit home-entry law-enforcement payton-v-new-york probable-cause When the police have an arrest warrant for a person, can they enter a home without probable cause that the person resides there and is present within?
22-736 Willie Lumarris Baxter v. United States Fourth Circuit 2023-02-07 Denied Response Waived 18-usc-924(e) armed-career-criminal congressional-intent drug-offenses fourth-circuit predicate-offenses sentencing sentencing-enhancement statutory-interpretation Was the Fourth Circuit's rejection of the Petitioner, Willie Baxter's argument that the prior offenses for serious drug offenses included in a prior i…
22-6719 Michael Anthony Conage v. United States Eleventh Circuit 2023-02-07 Denied Relisted (2)IFP armed-career-criminal-act circuit-split drug-schedules eighth-circuit federal-drug-schedules federal-firearm-offense fourth-circuit sentencing-enhancement serious-drug-offense state-drug-offense tenth-circuit third-circuit Whether the "serious drug offense" definition in the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e)(2)(A)(ii), incorporates the federal drug sch…
22-6683 Terrell Javon Jones v. United States Eleventh Circuit 2023-02-01 Denied Relisted (4)IFP armed-career-criminal-act circuit-split drug-schedules eighth-circuit federal-drug-schedules federal-firearm-offense fourth-circuit sentencing-enhancement serious-drug-offense state-drug-offense tenth-circuit third-circuit Whether the "serious drug offense" definition in the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e)(2)(A)(ii), incorporates the federal drug sch…
22-6625 Ledger Lynn Hammonds, Jr. v. United States Fourth Circuit 2023-01-26 Denied Response WaivedIFP fourth-amendment fourth-circuit franks-hearing franks-v-delaware judicial-review material-omissions preliminary-showing probable-cause search-and-seizure warrant-challenge What is the proper test in determining whether or not a preliminary showing for a Franks hearing has been met when analyzing material omissions? Assu…
22-6586 Reginald Daushawn Earl Tate v. United States Fourth Circuit 2023-01-20 Denied Response WaivedIFP brandishing criminal-procedure firearm-brandishing fourth-circuit hobbs-act rule-11 sentencing statutory-interpretation Whether the United States Court of Appeals properly affirmed the trial court's improper sentencing of the defendant pursuant to 18 U.S.C. §924(c)(1)(A…
22-633 Stacey A. Kincaid, Sheriff, Fairfax County, Virginia v. Kesha T. Williams Fourth Circuit 2023-01-09 Denied Response RequestedResponse WaivedRelisted (9) 42-usc-12211 ada-title-ii americans-with-disabilities-act disability-definition disability-rights dsm-5 fourth-circuit gender-dysphoria statutory-interpretation 1. Whether the diagnosis of gender dysphoria, found in the DSM-5, is excluded from the ADA's definition of disability under 42 U.S.C. § 12211(b).
22-6413 Rajul Ruhbayan v. Rebecca Beach Smith, Judge, United States District Court for the Eastern District of Virginia, et al. Fourth Circuit 2022-12-30 Denied Response WaivedIFP christopher-v-harbury civil-rights constitutional-rights due-process fifth-amendment fourth-circuit jury-trial sentencing-finality sixth-amendment supervisory-powers 1. Whether this Supreme Court or Solicitor General should invoke its supervisory powers to deter the illegal acts of and implement a remedy for the Fo…
22-6344 Bryshun Genard Furlow v. United States Fourth Circuit 2022-12-20 Denied Response WaivedIFP armed-career-criminal-act categorical-approach controlled-substance-offense criminal-procedure drug-conviction fourth-circuit mandate-rule prior-conviction sentencing-guidelines Whether the Fourth Circuit erroneously refused to apply its intervening case law to Furlow's case, incorrectly applying the mandate rule. Whether the…
22-6205 Demetric Hardaway v. Lori Myers, et al. Fourth Circuit 2022-12-02 Denied IFP appellate-review civil-rights constitutional-law district-court first-amendment fourth-circuit legal-interpretation retaliation summary-judgment transfer work-assignment ^ l^i i +U«. Fo\at4F (L\fC\J\\ \ Cov^r'V o4 4^*v\^r-»4 o4 "VV\e. Ff\r po \ rv "frKt cF^-Vnc* COvat-V ( vniK®.re_ **W JUs4r*c4 COwrAca,cr jr\ c\ $V\An…
22-6210 Aaron Michael Crick v. United States Fourth Circuit 2022-12-02 Denied Response WaivedIFP appellate-review criminal-procedure criminal-sentencing downward-variance fourth-amendment fourth-circuit judicial-discretion motion-denial reversible-error sentencing A. WHETHER THE FOURTH CIRCUIT COURT OF APPEALS ERRED BY DENYING MR. CRICK'S MERITORIOUS ARGUMENT THAT THE DISTRICT COURT COMMITTED REVERSIBLE ERROR BY…
22-6214 Timothy Robert Gallion v. United States Fourth Circuit 2022-12-02 Denied Response WaivedIFP appellate-review criminal-procedure criminal-sentencing district-court due-process fourth-circuit sentence-credit sentencing-credit sentencing-discretion sentencing-guidelines supervised-release A. WHETHER THE FOURTH CIRCUIT COURT OF APPEALS ERRED BY DISMISSING MR. GALLION'S MERITORIOUS ARGUMENT THAT THE DISTRICT COURT COMMITTED REVERSIBLE ERR…
22-6099 Robert Lewis v. Hoke County, North Carolina, et al. Fourth Circuit 2022-11-18 Denied IFP access-to-courts civil-procedure civil-rights constitutional-review criminal-procedure due-process equal-protection fourth-circuit habeas-corpus judicial-interpretation procedural-default standing What inhibits a Court of Appeals' discretion to invoke the waiver doctrine? Whether a court of appeals should apply the waiver doctrine to a litigant…
22-6108 Jose Luis Ramirez, Jr., aka Zachary Matthew Johnson v. United States Fourth Circuit 2022-11-18 Denied Response WaivedIFP appeal-waiver criminal-conviction criminal-procedure fourth-circuit ineffective-assistance-of-counsel money-laundering plea-agreement plea-bargaining securities-fraud 1. WHETHER THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT ERRED IN DISMISSING THE PETITIONER'S MERITORIOUS APPEAL OF HIS CONVICTION OF SECU…
22-5919 Devonta Doyle v. United States Fourth Circuit 2022-10-26 Denied Response WaivedIFP commerce-clause constitutional-limits federal-criminalization fourth-circuit hobbs-act interstate-commerce local-crime morrison-v-united-states united-states-v-lopez 1. Whether Fourth Circuit precedent, which is consistent with precedent from all other Circuits, holding that an intrastate robbery's de minimis effec…
22-5854 Willie Ricardo Gordon v. United States Fourth Circuit 2022-10-18 Denied Response WaivedIFP appeal criminal-procedure drug-crimes drug-weights fourth-circuit obstruction-of-justice presentence-investigation presentence-investigation-report sentencing 1. Did the trial court err in accepting the findings of the presentence investigation report, regarding the weights of the drugs attributable to Mr. G…
22-5857 Bango Benjamin Enyinnaya v. United States Fourth Circuit 2022-10-18 Denied IFP armed-career-criminal-act breaking-or-entering burglary categorical-approach entry-requirement fourth-circuit generic-burglary mathis-v-united-states taylor-v-united-states violent-felony 1. Whether North Carolina breaking or entering is categorically broader than generic burglary and thus cannot be a violent felony under the Armed Care…
22-5703 Charles Michael Ledford v. United States Fourth Circuit 2022-09-28 Denied Response WaivedIFP certificate-of-appealability civil-rights due-process federal-rules-of-civil-procedure fourth-circuit habeas-corpus pro-se statute-of-limitations summary-dismissal Whether it is inconsistent with this Court's Slack v. McDaniel 824 U.S. 473 (2008) standard for a court of appeals to decline to issue a certificate o…
22-5524 Deandre Johnson v. United States District Court for the Eastern District of Virginia Fourth Circuit 2022-09-08 Denied IFP civil-rights due-process fourth-circuit habeas-corpus judicial-review mandamus petition-for-writ standing unlawful-detention Whether the Fourth Circuit's decision denying petitioner's writ of mandamus is in direct conflict with decisions of this Court and other circuits rega…
22-5420 Lawrence E. Mattison v. Harold W. Clarke, Director, Virginia Department of Corrections Fourth Circuit 2022-08-22 Denied Response WaivedIFP 14th-amendment 4th-circuit civil-rights due-process fourth-circuit habeas-corpus judicial-procedure writ-of-error 1. Whether the 4th Circuit Court of Appeals made an error of Law when is failed to protect the 14th Amendment. 2. Whether the 4th Circuit contradicte…
22-5404 Charles Anthony Walker, Jr. v. United States Fourth Circuit 2022-08-19 Denied IFP abduction abduction-definition circuit-split criminal-law criminal-procedure fourth-circuit hobbs-act robbery sentencing-enhancement sentencing-guidelines statutory-interpretation united-states-sentencing-guidelines (1) Whether movement of an employee within the confines of a store qualifies as abduction under U.S.S.G. § 2B3.1(b)(4)(A)
22-5094 Garfield D. Campbell v. United States Fourth Circuit 2022-07-13 Denied Response WaivedIFP 4th-amendment criminal-procedure district-court due-process evidence fourth-circuit marijuana-use reversible-error sentencing supervised-release WHETHER THE FOURTH CIRCUIT COURT OF APPEALS ERRED BY DENYING MR. CAMPBELL'S MERITORIOUS ARGUMENT THAT THE DISTRICT COURT COMMITTED REVERSIBLE ERROR BY…
22-5007 Lann Tjuan Clanton, aka Tjuan v. United States Fourth Circuit 2022-06-30 Denied Response WaivedIFP appeal-waiver criminal-procedure federal-sting federal-sting-operation fourth-circuit ineffective-assistance ineffective-assistance-of-counsel plea-agreement I. WHETHER, AFTER WINNING THE RIGHT TO FILE A BELATED APPEAL DUE TO COUNSEL'S INEFFECTIVENESS FOR FAILING TO FILE A NOTICE OF APPEAL, THE FOURTH CIRCU…
21-8270 Dora L. Adkins v. Driftwood Special Servicing, LLC Fourth Circuit 2022-06-29 Denied Response WaivedIFP appellate-review circuit-court civil-procedure en-banc en-banc-petition fourth-circuit judicial-procedure petition-for-rehearing petition-for-writ-of-certiorari rehearing 1) Whether the United States Court of Appeals for the Fourth Circuit further erred in the Order, Dated, May 23, 2022, that denied Petitioner 's Petiti…
21-7959 Salito Marques Good v. United States Fourth Circuit 2022-05-24 Denied Response WaivedIFP appeal criminal-procedure criminal-sentencing double-jeopardy due-process fourth-circuit johnson-precedent sentencing-maximum statutory-interpretation statutory-maximum supervised-release (1) Whether a defendant can be required to serve more than the statutory maximum sentence for his offense of conviction when a sentence for violating …
21-7860 Erick Rahumid Hobbs v. United States Fourth Circuit 2022-05-13 Denied Response WaivedIFP cell-site-location-information exigent-circumstances fourth-amendment fourth-circuit imminent-harm warrantless-search 1. Whether law enforcement's warrantless collection of real-time cell-site location information (CSLI) is reasonable under the "imminent harm" clause …
21-7867 Jasper B. Mackey, Jr. v. United States Fourth Circuit 2022-05-13 Denied Response WaivedIFP criminal-sentencing due-process fourth-circuit government-discretion mandatory-minimum plea-agreement sentencing substantial-assistance I. The United States Fourth Circuit Court of Appeals erred in affirming the district court's judgment which did not depart below the mandatory minimum…
21-7683 Nelson Conto v. United States Fourth Circuit 2022-04-22 Denied Response WaivedIFP appellate-review criminal-procedure due-process evidence fourth-circuit interview-evidence judicial-error motion-in-limine standard-of-review trial-procedure 1. WHETHER THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT ERRED IN DISMISSING THE PETITIONER'S MERITORIOUS APPEAL OF THE DENIAL OF APPELLAN…
21-7674 Jamie Allen v. United States Fourth Circuit 2022-04-21 Denied Response WaivedIFP appellate-review criminal-procedure criminal-sentencing district-court due-process fourth-circuit reversible-error sentencing-guidelines sentencing-reduction statutory-interpretation WHETHER THE FOURTH CIRCUIT COURT OF APPEALS ERRED BY REFUSING TO HEAR MR. ALLEN'S MERITORIOUS CLAIMS THAT THE DISTRICT COURT COMMITTED REVERSIBLE ERRO…
21-7680 In Re Israel Romero 2022-04-21 Denied IFP abeyance administrative-law appellate-review case-suspension civil-procedure court-of-appeals due-process federal-courts fourth-circuit judicial-discretion legal-procedure standing 1. Did the U.S. Court of Appeals for the Fourth Circuit (Fourth Circuit) err by placing this case in abeyance pending a decision by the court in Britt…
21-7583 Larry Lowery, Jr. v. United States Fourth Circuit 2022-04-11 Denied Response WaivedIFP armed-career-criminal-act breaking-and-entering burglary categorical-approach civil-rights due-process fourth-circuit generic-burglary violent-felony 1. Whether North Carolina breaking or entering is categorically broader than generic burglary and cannot be a violent felony under the Armed Career Cr…
21-7581 Ice Tee Hudson v. United States Fourth Circuit 2022-04-08 Denied Response WaivedIFP advisory-guidelines consecutive-sentences criminal-sentencing fourth-circuit reversible-error state-prosecution WHETHER THE FOURTH CIRCUIT COURT OF APPEALS ERRED BY DENYING MR. HUDSON'S MERITORIOUS ARGUMENT THAT THE DISTRICT COURT COMMITTED REVERSIBLE ERROR BY I…
21-1155 Natalia Marshall v. Bureau of Alcohol, Tobacco, Firearms and Explosives, et al. Fourth Circuit 2022-02-22 Denied Response Waived civil-rights declaratory-judgment fourth-circuit injunctive-relief mootness second-amendment standing I. Whether a suit seeking a declaratory judgment and injunctive relief is rendered moot on appeal if the plaintiff remains negatively impacted by the …
21-7169 Latwon James v. United States Fourth Circuit 2022-02-22 Denied Response WaivedRelisted (2)IFP appeal appeal-waiver criminal-procedure due-process fourth-circuit plea-agreement plea-bargaining sentencing sentencing-factors supervised-release waiver I. Whether the Fourth Circuit erroneously dismissed Mr. James's appeal based on a provision in Mr. James's plea agreement waiving his right to appeal …
21-7107 Nina Lynn Nowlan v. Bruce Gerald Randall Nowlan Fourth Circuit 2022-02-11 Denied Response WaivedIFP child-custody civil-procedure fourth-circuit habitual-residence hague-convention international-law parental-rights wrongful-removal WHETHER THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT ERRED AS A MATTER OF LAW BY AFFIRMING THE DISTRICT COURT'S RULING THAT CANADA HAD BE…
21-938 Bryan P. Stirling, Director, South Carolina Department of Corrections, et al. v. Sammie Louis Stokes Fourth Circuit 2021-12-23 GVR Relisted (2) capital-punishment fourth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mitigation-evidence prejudice-analysis procedural-default strategic-decision strickland-standard strickland-v-washington I. Did the Fourth Circuit violate basic principles of Strickland v. Washington, 466 U.S. 668 (1984) when it failed to reweigh the whole of the evidenc…
21-6643 Leonus Stevenson Peterson v. United States Fourth Circuit 2021-12-16 Denied Response WaivedIFP appellate-circuit appellate-review circuit-split criminal-procedure due-process fourth-circuit knowing-and-voluntary miscarriage-of-justice plea-waiver standard-of-review Did the Fourth Circuit err in finding that Petitioner's plea waiver was knowing and voluntary and then applying a stricter standard than a number of o…
21-6509 Adesijuola Ogunjobi v. United Nations, et al. Fourth Circuit 2021-12-03 Denied Response WaivedIFP civil-procedure complaint-dismissal covid-19-class-action district-court fourth-circuit judicial-discretion judicial-immunity merit-of-complaint procedural-rules standing subject-matter summons-service Whether the Fourth Circuit erroneously held, district court has the absolute authority to dismiss a valid complaint on its own without allowing summon…
21-797 Serge Matthew Aluker v. Simin Yan, aka Simin Aluker Fourth Circuit 2021-11-30 Denied Response RequestedResponse WaivedRelisted (2) child-abduction custody-agreement custody-rights fourth-circuit habitual-residence hague-child-abduction-convention hague-convention international-law parental-agreement parental-rights treaty-interpretation Article 3 of the Hague Child Abduction Convention requires that a parental agreement have legal effect under the substantive law of the country of the…
21-6260 Samuel Lee Murchison v. United States Fourth Circuit 2021-11-12 Denied Response WaivedIFP appellate-review credibility-determination factual-findings findings-of-fact fourth-circuit judicial-procedure standard-of-review trial-court video-evidence Did the Fourth Circuit err by employing a "particularly defer[entional]" standard of review to findings of fact by the trial court that did not involv…
21-5670 Elijah Vines v. United States Seventh Circuit 2021-09-14 Denied Response WaivedIFP cell-phone-seizure circuit-split expectation-of-privacy fourth-circuit law-enforcement password-protected password-protection privacy-expectation tenth-circuit third-party-consent WHETHER A THIRD PARTY POSSESSES AUTHORITY TO CONSENT TO THE SEIZURE OF ANOTHER'S CELL PHONE WHEN THAT PHONE IS PASSWORD PROTECTED, THE OWNER OF THAT P…
21-391 Paul Alexander, aka David Paul Hayes v. United States Fourth Circuit 2021-09-10 Denied Response Waived circuit-conflict circuit-split constitutional-search derivative-evidence exclusionary-rule fourth-amendment fourth-circuit harmless-error suppression supreme-court-precedent 1. Is the Fourth Circuit in violation of Supreme Court precedent and in conflict with other circuits when, in conducting a harmless error review, i…
21-297 Travis Croft v. United States Fourth Circuit 2021-08-30 Denied Response Waived armed-career-criminal-act carjacking categorical-approach force-clause fourth-circuit intimidation south-carolina statutory-interpretation 1. Whether the Fourth Circuit erred in concluding that a conviction for South Carolina carjacking, S.C. Code § 16-3-1075, is categorically a crime of …
21-284 In Re Mathew Ryan Byrd 2021-08-27 Denied Response Waived appeal appellate-review covid-19 criminal-procedure due-process fourth-circuit incarceration mandamus medical-conditions medical-risk I. This Court has long held that it, "has power to issue a mandamus, in the exercise of its appellate jurisdiction, and that the writ will lie in a pr…
21-271 Raymond Benitez v. The Charlotte-Mecklenburg Hospital Authority Fourth Circuit 2021-08-25 Denied Amici (2)Response RequestedResponse WaivedRelisted (2) antitrust-immunity civil-procedure fourth-circuit governmental-unit hospital-authority local-government private-hospitals statutory-interpretation Can a multibillion-dollar "hospital authority" that operates in multiple States in a manner indistinguishable from private hospitals be a "local go…
21-5463 Christopher Jonell Tyler v. United States Fourth Circuit 2021-08-24 Denied Response WaivedIFP appellate-review due-process fourth-circuit government-breach judicial-review plain-error plea-agreement sentencing Whether the Fourth Circuit violated the "interests of justice" and this Court's ruling in Puckett v. United States, 556 U.S. 129, 143, 129 S. Ct. 1423…
21-5386 Michael Kenneth Young v. United States Fourth Circuit 2021-08-16 Denied Response WaivedIFP armed-career-criminal criminal-classification district-court drug-offense fourth-circuit fourth-circuit-appeal prior-convictions sentencing sentencing-enhancement sentencing-guidelines serious-drug-offenses Did the Fourth Circuit Court of Appeal err in reversing the decision of the District Court which had determined that Petitioner Michael Young was not …
21-5360 Danta Omar Roberts v. United States Fourth Circuit 2021-08-12 Denied Response WaivedIFP criminal-procedure direct-appeal fourth-amendment fourth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel legal-representation procedural-review standard-of-review trial-counsel I. Whether the Fourth Circuit erred by ruling that the record did not conclusively demonstrate any deficiencies in trial counsel's representation, and…
21-5229 Jevante Marcus Richmond and Arthur Gene Evans, Jr. v. United States Fourth Circuit 2021-07-28 Denied Response WaivedIFP appellate-review criminal-sentencing district-court fourth-circuit procedural-reasonableness sentencing-review substantive-reasonableness Whether the Fourth Circuit failed to apply substantive reasonableness review of the sentences imposed by the district court?
21-5092 Dawn J. Bennett v. United States Fourth Circuit 2021-07-15 Denied Response RequestedResponse WaivedRelisted (2)IFP criminal-sentencing district-court due-process fourth-circuit judicial-discretion presumption-of-reasonableness presumptive-reasonableness procedural-error sentencing-guidelines standard-of-review summary-reversal Does a district court at sentencing apply an impermissible presumption of reasonableness to the Sentencing Guidelines range if it refers to the range …
21-5098 Hal Herring Brown, Jr. v. United States Fourth Circuit 2021-07-15 Denied Response WaivedIFP appeal-waiver criminal-procedure fourth-circuit ineffective-assistance ineffective-assistance-of-counsel money-laundering plea-agreement plea-bargaining securities-fraud WHETHER THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT ERRED IN DISMISSING THE PETITIONER'S MERITORIOUS APPEAL OF HIS CONVICTION FOR SECURI…
20-8181 Linwood Earl Stephens v. United States Fourth Circuit 2021-06-01 Denied Response WaivedIFP appeals appellate-jurisdiction clearly-erroneous-fact criminal-procedure due-process fact-finding fourth-circuit judicial-review jurisdiction sentencing-guidelines standard-of-review Whether the Fourth Circuit Court of Appeals below erred in holding it did not have jurisdiction to review a decision to deny a departure under the Uni…
20-8186 Michael James Young, Jr. and Vance Edward Volious, Jr. v. United States Fourth Circuit 2021-06-01 Denied Response WaivedIFP criminal-law explosives first-amendment fourth-circuit law-enforcement mail-fraud non-mailable-matter postal-service statutory-interpretation DID THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT ERR BY RULING THAT 18 UNITED STATES CODE SECTION 1716 PROHIBTS AS NON-MAILABLE AN INERT …
20-8144 Tamara Rouhi v. Kettler, et al. Fourth Circuit 2021-05-26 Denied Response WaivedIFP appellate-review civil-procedure civil-rights district-court due-process federal-courts fourth-circuit injustice judicial-procedure motion-to-dismiss standing 1. There has been no redress of my grievance. 2. The Defendants did not make a single valid point, but still prevailed in the case. That is unjust. …
20-1638 Emmanuel Edokobi v. Paul W. Grimm, Judge, United States District Court for the District of Maryland Fourth Circuit 2021-05-25 Denied Response Waived abuse-of-discretion civil-procedure civil-rights due-process fourth-circuit judicial-discretion judicial-misconduct letter-order pre-filing-injunction standing When Reviewing a District Court's ruling to dismiss a civil case against Respondent Judge Paul W. Grimm should the Court of Appeals dishonor its own U…
20-8108 Roy Lee Dykes v. United States Fourth Circuit 2021-05-21 Denied Response WaivedIFP appeal appellate-procedure bail bond bond-motion criminal-procedure due-process fourth-circuit habeas-corpus judicial-review legal-standard motion-denial I. Whether the Fourth Circuit erred by failing to find that the District Court erred in denying Mr. Dykes' Motion for Release on Bond pending appeal?
20-7677 Juan Manuel Fuentes-Morales v. United States Fourth Circuit 2021-04-13 Denied Response WaivedIFP attorney-speech constitutional-interpretation criminal-procedure due-process fourth-circuit jury-instruction jury-instructions reasonable-doubt victor-v-nebraska Whether the Fourth Circuit's reasonable doubt charge conflicts with Victor v. Nebraska; and whether circuits can prohibit counsel from discussing reas…
20-7703 Gary Lamont Robinson v. United States Fourth Circuit 2021-04-09 Denied Response WaivedIFP appellate-review circuit-court-procedure criminal-sentencing district-court fourth-amendment fourth-circuit individualized-assessment judicial-discretion procedural-reasonableness sentencing-review Whether the Fourth Circuit's decision is in conflict with the Court's decision in Gall v. United States, 552 U.S. 38 (2007), because the Fourth Circui…
20-7489 Michael Formica v. Harold W. Clarke, Director, Virginia Department of Corrections Fourth Circuit 2021-03-18 Denied Response WaivedIFP appellate-review civil-rights criminal-procedure due-process fabricated-evidence fourth-circuit habeas-corpus ineffective-assistance-of-counsel procedural-standards standing I, WHETHER THE FOURTH CIRCUIT RELIED ON CONTROLS TO DENY PETITIONER'S PETITION FOR WRIT OF HABEAS CORPUS AS LAWFUL EVIDENCE. 2. WHETHER THE FOURTH CI…
20-7476 Jose Armondo Ramos Cabrera v. United States Fourth Circuit 2021-03-17 Denied Response WaivedIFP appeal criminal-appeal criminal-procedure defendant-objection due-process firearm-possession firearms fourth-circuit sentencing sentencing-enhancement standard-of-review two-level-enhancement Whether the court erred when it denied defendant's objection to the two level enhancement for possession of a firearm
20-7314 Willard Lee Moss, Jr. v. United States Fourth Circuit 2021-03-03 Denied Relisted (2)IFP criminal-conviction criminal-law domestic-violence due-process firearm-possession firearms fourth-circuit legal-error mens-rea rehaif rehaif-error Whether the Fourth Circuit erred when it affirmed Moss's conviction for possession of a firearm by a domestic violence offender, where the evidence in…
20-7256 James Timothy Cobb v. United States Fourth Circuit 2021-02-25 Denied Response WaivedIFP 4th-amendment appellate-review criminal-procedure district-court fourth-circuit motion-to-suppress pretrial-motion search-and-seizure standard-of-review Whether the United States Court of Appeals for the Fourth Circuit erred when it affirmed the district court's denial of Appellant's pretrial motion to…
20-7221 William David Cannon v. Harold W. Clarke, Director, Virginia Department of Corrections Fourth Circuit 2021-02-23 Denied Response WaivedIFP aggregate-prejudice criminal-procedure cumulative-effect due-process fourth-circuit ineffective-assistance ineffective-assistance-of-counsel sixth-amendment strickland-standard strickland-v-washington Whether the Fourth Circuit's judicial precedence of not reviewing multiple ineffective assistance of counsel claims for the cumulative effect and aggr…
20-7192 Phillip Vance Smith, II v. Josh Stein, et al. Fourth Circuit 2021-02-22 Denied Response WaivedIFP civil-rights constitutional-review criminal-procedure death-penalty due-process fourth-circuit habeas-corpus ineffective-assistance-of-counsel retroactivity sixth-amendment teague-doctrine Whether the rule announced in McCoy v. Louisiana, 138 U.S. 1500 (2018) applies retroactively to cases on collateral review.
20-7186 Brian Dale Lee v. United States Fourth Circuit 2021-02-19 Denied Response WaivedIFP 5k2.1-motion appellate-review criminal-procedure district-court fourth-circuit judicial-discretion sentencing sentencing-guidelines Whether the Fourth Circuit court erred in finding that the district court's consideration of conduct raised in a 5k2.1 motion was appropriate?
20-7188 Sedric Rashad Marion v. United States Fourth Circuit 2021-02-19 Denied Response RequestedResponse WaivedRelisted (2)IFP armed-career-criminal-act breaking-and-entering burglary burglary-definition categorical-approach criminal-sentencing fourth-circuit north-carolina-law taylor-v-united-states violent-felony Whether North Carolina breaking or entering is categorically broader than generic burglary and thus cannot be a violent felony under the Armed Career …
20-7132 Roy Lee Dykes v. United States Fourth Circuit 2021-02-11 Denied Response WaivedIFP appeal appellate-procedure bail bond bond-motion criminal-procedure due-process fourth-circuit habeas-corpus judicial-review legal-standard motion-denial Whether the Fourth Circuit erred by failing to find that the District Court erred in denying Mr. Dykes' Motion for Release on Bond pending appeal?
20-7079 Lorenzo Liwayne Barnes v. United States Fourth Circuit 2021-02-08 Denied Response WaivedIFP appeal-rights criminal-appeal criminal-procedure drug-crimes due-process fourth-circuit ineffective-assistance ineffective-assistance-of-counsel narcotics-distribution perjury sentencing sentencing-factors Whether the United States Court of Appeal 4th Circuit violated the United States V McCarthy Rule. Whether the United States Court of Appeal 4th Circu…
20-6941 Frank Joseph Dodge v. United States Fourth Circuit 2021-01-26 Denied Response WaivedIFP armed-career-criminal-act breaking-and-entering burglary categorical-approach civil-rights due-process fourth-circuit generic-burglary stitt-v-united-states taylor-v-united-states violent-felony Whether North Carolina breaking or entering is categorically broader than generic burglary and thus cannot be a violent felony under the Armed Career …
20-897 Kyle Kopitke v. Karen Brinson Bell, Executive Director, North Carolina State Board of Elections Fourth Circuit 2021-01-08 Denied Amici (1)Response Waived anderson-v-celebrezze ballot-access candidate-signatures constitutional-rights election-law fourth-circuit independent-candidates march-filing-deadline north-carolina petition-requirements I. Whether the Fourth Circuit decision requiring all independent candidates to file their ballot access qualifying petitions by the date of North Caro…
20-6777 James Baxton v. United States Fourth Circuit 2021-01-05 Denied Response WaivedIFP conspiracy criminal-evidence criminal-law criminal-procedure district-court due-process evidence fourth-circuit rico rico-conspiracy sentencing sentencing-guidelines I. Whether the Government produced sufficient evidence to prove beyond a reasonable doubt that the Petitioner's actions were part of a Rico Conspiracy…
20-6703 Roberto Antoine Darden, aka Dizz-e, aka Javon v. United States Fourth Circuit 2020-12-23 Denied Response WaivedIFP district-court factual-dispute fourth-circuit government-breach hill-v-lockhart legal-interpretation plea-bargain plea-contract prejudice prejudice-standard If the government refused to dispute the factual manifestations of the I. Petitioner's government breach daim because clause three of the plea contrac…
20-6647 Douglas Charles Knicely v. United States Fourth Circuit 2020-12-17 Denied Response WaivedIFP 4th-amendment appellate-review criminal-procedure district-court fourth-circuit motion-to-suppress pretrial-motion search-and-seizure standard-of-review Whether the United States Court of Appeals for the Fourth Circuit erred when it affirmed the district court's denial of Appellants' pretrial motion to…
20-6563 Isaiah Devon Stallworth v. United States Fourth Circuit 2020-12-08 Denied Response RequestedResponse WaivedRelisted (2)IFP appeals causation civil-rights court-of-appeals due-process federal-courts fourth-circuit habeas-corpus judicial-review legal-standard petitioner standing Whether the Fourth Circuit erred by concluding that Petitioner had not made the requisite showing by reference to a (CoA), when two courts of appeals …
20-6476 Derrick Michael Allen, Sr. v. United States Fourth Circuit 2020-11-30 Denied Response WaivedRelisted (2)IFP 28-usc-1495 28-usc-2513 certificate-of-innocence court-of-appeals dismissal district-court federal-court-of-claims fourth-circuit jurisdiction rehaif-v-united-states statutory-interpretation technical-claim When the U.S. Court of Appeals for the Fourth Circuit erred by affirming the District Court's dismissal of petitioner's claim of "tortious interferenc…
20-6415 Larry Antonio Burleigh v. United States Fourth Circuit 2020-11-24 Denied Response WaivedIFP §2255-motion carjacking categorical-approach certificate-of-appealability collateral-review due-process due-process-clause fourth-circuit inchoate-crime johnson-ii mandatory-sentencing Whether Petitioner is entitled to a certificate of appealability to appeal the denial of his motion to vacate his firearm convictions and mandatory se…
20-6374 Terrance Nathaniel Brown, Jr. v. United States Fourth Circuit 2020-11-18 Denied Relisted (2)IFP appeal appellate-review criminal-law drug-conspiracy fourth-circuit harmless-error sentencing united-states-v-harchulik WHETHER THE COURT OF APPEALS MISAPPLIED THE HARMLESS ERROR DOCTRINE ANNOUNCED IN UNITED STATES v. HARDING WHEN IT AFFIRMED DEFENDANT'S SENTENCE FOR DR…
20-6336 Eric Troy Snell v. United States Fourth Circuit 2020-11-16 Denied IFP appellate-review criminal-procedure criminal-sentencing fourth-circuit gall-standard gall-v-united-states harmless-error harmlessness-standard sentencing-guidelines 1. Does the Fourth Circuit's practice of not addressing erroneous Sentencing Guidelines calculations but affirming a sentence under "assumed error har…
20-6209 Louis Sanders v. Charles Williams, Jr., Warden Fourth Circuit 2020-11-04 Denied Response WaivedIFP appellate-review certificate-of-appealability civil-rights due-process fourth-circuit habeas-corpus miller-el-standard slack-v-mcdaniel standard-of-review threshold-inquiry CERTIORARI SHOULD ISSUE TO REVIEW THE JUDGEMENT BELOW WHERE THE FOURTH CIRCUIT DENIED CERTIFICATE OF APPEALABILTY IN CONFLICT WITH RELEVANT DECISIONS …
20-6165 James Edward Sandford, III v. United States Second Circuit 2020-10-29 Denied Relisted (2)IFP circuit-split criminal-procedure felon-in-possession fourth-circuit ineffective-assistance plain-error-rule rehaif-standard rehaif-v-united-states second-circuit sixth-amendment 1. Should the Court grant certiorari to resolve the Circuit split regarding the plain error rule between the Second and Fourth Circuits as it applies …
20-407 Nancy Massenburg v. Innovative Talent Solutions, Inc., et al. Fourth Circuit 2020-09-29 Denied Response Waived civil-rights discrimination due-process eeoc-charge employment-discrimination federal-rules-of-civil-procedure fourth-circuit pro-se-litigation statute-of-limitations summary-judgment title-vii 1) Whether the Fourth Circuit properly upheld the district court's dismissal of Title VII claim where the particular discriminatory practice had been …
20-5804 Bobby Burghart v. Sarah Beyer Fourth Circuit 2020-09-28 Denied Response WaivedIFP appellate-review civil-procedure civil-rights counsel discovery district-court due-process fourth-circuit judicial-procedure legal-standard reversible-error standing Did the District Court err, and did the Fourth Circcit Court of Appeals Compound the error, when petitioner's request For counsel was denied, because …
20-5824 Trenard Caldwell v. United States Eleventh Circuit 2020-09-28 Denied Relisted (3)IFP criminal-procedure due-process eleventh-circuit fourth-circuit guilty-plea plea-withdrawal rehaif-standard rehaif-v-united-states statutory-interpretation structural-error Where a defendant pled guilty to a violation of 18 U.S.C. § 922(g) prior to Rehaif v. United States, 139 S.Ct. 2191 (2029), and it is undisputed that …
20-5792 Ronald Leslie Pierce, Jr. v. United States Fourth Circuit 2020-09-24 Denied Response WaivedIFP concurrent-sentence concurrent-sentencing conviction-review criminal-monetary-penalties fourth-circuit harmless-error independent-sentences judicial-precedent sentencing-doctrine summary-reversal Whether concurrent sentence harmless error doctrine is not appliable to multiple convictions and sentences with criminal monetary penalties on each si…
20-346 D. Ashley Pennington v. Beattie I. Butler Fourth Circuit 2020-09-15 Denied Response Waived civil-procedure civil-rights due-process employment-termination first-amendment fourth-circuit public-defender qualified-immunity scott-v-harris standing 1. Whether the Fourth Circuit, consistent with this Court's decision in Scott v. Harris, 550 U.S. 372 (2007), should have exercised jurisdiction and c…
20-5453 Jose Luis Sanchez-Rosado v. United States Eleventh Circuit 2020-08-24 Denied Relisted (3)IFP appellate-review circuit-split constitutional-error criminal-conviction criminal-procedure due-process fourth-circuit harmless-error involuntary-plea plea-bargaining plea-colloquy standard-of-review Whether an unconstitutional conviction based on a plea colloquy that omitted an element of the offense must be reversed where the defendant objected t…
20-5424 Alfred Lee Hanzy, Jr. v. United States Fourth Circuit 2020-08-20 Denied Response WaivedIFP appellate-review criminal-sentencing federal-sentencing fourth-circuit gall-precedent gall-v-united-states judicial-discretion procedural-reasonableness sentencing-guidelines standard-of-review substantive-reasonableness Whether the Fourth Circuit's decision is in conflict with the Court's decision in Gall v. United States, 552 U.S. 38 (2007).
20-191 Patrick Ronald Silva v. United States Fourth Circuit 2020-08-19 Denied Response Waived 28-usc-2255 appellate-review certificate-of-appealability due-process fourth-circuit habeas-corpus miller-el-standard miller-el-v-cockrell I. Whether the Fourth Circuit's denial of Petitioner's request for a certificate of appealability pursuant to 28 U.S.C. § 2255 was unreasonable and co…
20-5251 Michael Owen Harriot v. United States Fourth Circuit 2020-08-04 Denied Response WaivedIFP 28-usc-2401b appeals appellate-review civil-procedure district-court federal-jurisdiction fourth-circuit heck-v-humphrey jurisdictional-issue standing statute-of-limitations statutory-time-bar IS WHETHER THE FOURTH CIRCUIT'S LACK' AUTHORITY SEE 28 U.S.C. § 1291, ON ITS OWN TO RAISED § 2401(b)'S TIME BAR WHEN THE DISTRICT COURT'S OPINION DID …
20-35 Joshua E. Frankel v. United States, et al. Fourth Circuit 2020-07-16 Denied Response Waived civil-rights due-process federal-courts feres-doctrine fourth-circuit incident-to-service insurance-law military-tort separation-of-powers sovereign-immunity Whether the Fourth Circuit erred in applying an unduly restrictive "situs and status test" for the determination of whether the acts at issue were "in…
19-8752 Derrick Michael Allen, Sr. v. Annette Moore, et al. Fourth Circuit 2020-06-19 Denied Response WaivedRelisted (2)IFP appellate-review civil-procedure civil-rights complaint-dismissal due-process fourth-circuit judicial-procedure jurisdiction official-misconduct precedent standing UniTiaot*., X>ee*iG t ^JL.AWod *£>*., Kespecr A oolS'N-iiT THis 'Tfennori Foi£ GG'£,T °F C_t6n o^o.£\ Folloupf'^? TWe. o^polbO'SlfeD "pe£ CjU^iONj …
19-8716 Eric Martin Pepke v. United States Fourth Circuit 2020-06-16 Denied Response WaivedRelisted (2)IFP appellate-jurisdiction civil-procedure civil-rights criminal-procedure district-court due-process fourth-circuit habeas-corpus judicial-review standing Did the Eastern District of North Carolina err in summarily dismissing Pepke's motion under Rule 12(b)(6) to challenge the constitutionality of 18 U.S…
19-8639 Derrick Allen v. Ted Wire, et al. Fourth Circuit 2020-06-08 Denied Response WaivedIFP 42-usc-1983 administrative-law appellate-procedure civil-procedure civil-rights contract-law discrimination due-process employment equal-protection federal-jurisdiction fourth-circuit Question not identified.
19-8616 Anthony Helton v. United States Fourth Circuit 2020-06-05 Denied Response WaivedIFP appellate-review civil-procedure district-court fourth-circuit judicial-procedure legal-error motion-to-dismiss standing Whether the United States Court of Appeals for the Fourth Circuit erred when it affirmed the district court's denial of Helton's motion to dismiss?
19-8605 Courtland Barnes v. United States Fourth Circuit 2020-06-04 Denied Response WaivedIFP child-pornography criminal-sentencing district-court federal-appeals federal-sentencing-guidelines fourth-circuit mitigating-evidence sentencing-guidelines substantive-reasonableness Whether the district court's reliance on the child pornography guideline and the mitigating evidence Petitioner offered to the court require the vacat…
19-1307 Edward Thomas, Warden v. William Leroy Barnes Fourth Circuit 2020-05-20 Denied actual-prejudice brecht-v-abrahamson criminal-conviction criminal-procedure due-process federal-habeas-review fourth-circuit habeas-corpus juror-misconduct jury jury-contact precedent-interpretation substantial-effect Did the Fourth Circuit misapply this Court's precedents by granting habeas relief where there was no evidence that a juror's contact with a third part…
19-8450 Scott Leslie Carmell v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2020-05-12 Denied IFP civil-procedure civil-rights constitutional-violation due-process fourteenth-amendment fourth-circuit habeas-corpus procedural-due-process sentencing-procedure standing 1. whether the Court of Appeals forthe Fifth Cireuit erred by denying a certificate of appealability regarding the united States District court issuin…
19-8414 Ashford James Simmons v. United States Fourth Circuit 2020-05-07 Denied IFP armed-career-criminal-act categorical-approach controlled-substance-offense fourth-circuit prior-conviction prior-convictions sentencing-guidelines serious-drug-offense Since 1990, this Court has required the lower courts to use the "categorical approach" in courts' evaluation of a criminal defendant's prior convictio…
19-8198 Dora L. Adkins v. Whole Foods Market Group, Inc. Fourth Circuit 2020-04-07 Denied IFP access-to-courts civil-procedure civil-rights constitutional-rights due-process fourth-circuit injunction standing 1) Whether the United States Court of Appeals for the Fourth Circuit unpublished opinion and judgment issued on February 26, 2020 that the District Co…
19-7972 Javier Brown v. United States Fourth Circuit 2020-03-12 Denied Response WaivedIFP 4b1.1 career-offender categorical-approach drug-offense fourth-circuit modified-categorical-approach predicate-drug-offense prior-conviction records-of-conviction sentencing-guidelines sentencing-guidelines-4b1.1 south-carolina-code Pursuant to Section 4B1.1 of the United States Sentencing Commission Guidelines, following a conviction for a narcotics offense, an offender who has a…
19-7872 Samuel A. Wilder v. William F. Krebs Fourth Circuit 2020-03-04 Denied IFP appellate-procedure civil-procedure due-process fourth-circuit informal-brief motion-to-extend pro-se pro-se-litigation procedural-ripeness standing waiver-doctrine 1. Whether the court should have assist this prose litigate with time to respond to the Defendant's motion to extend time and Defendant's response to …
19-7776 Mickel L. Marzouk v. United States Fourth Circuit 2020-02-25 Denied Response WaivedIFP 924(c) crime-of-violence criminal-procedure criminal-sentencing due-process elements-clause fair-sentencing-act fourth-circuit hobbs-act rule-of-lenity sentencing sentencing-enhancement statutory-interpretation Petitioner Mickel L. Marzouk presents two questions for this Court's review: 1. Whether Petitioner's sentence on the second § 924(c) conviction and t…
19-7706 Tommy Adams, Jr. v. United States Fourth Circuit 2020-02-19 Denied Response WaivedRelisted (2)IFP career-offender career-offender-guideline controlled-substance controlled-substance-offense controlled-substances criminal-law fourth-circuit modified-categorical-approach sentencing sentencing-guidelines statutory-interpretation taylor-descamps-mathis-precedent taylor-v-united-states DID THE FOURTH CIRCUIT COURT OF APPEALS INCORRECTLY APPLY THE LINE OF AUTHORITY FROM THIS COURT BEGINNING WITH TAYLOR V. UNITED STATES, 495 U.S. 575 (…
19-7562 Dalton Laquane Smith v. United States Fourth Circuit 2020-02-06 Denied Response WaivedIFP actual-innocence armed-career-criminal-act career-offender categorical-approach drug-offenses fourth-circuit fourth-circuit-categorical-approach mathis-v-united-states rehaif-v-united-states serious-drug-offense serious-drug-offenses shular-v-united-states statutory-interpretation 1. b18-6662 (January 2019) 2. United States, 136 S.Ct. 2243 (2016). 3. Did this Court's intervening decision in Rehaif v. United States, 139 S.Ct. 2…
19-7357 Chris Fordham v. Corrections Officer Manzola, et al. Fourth Circuit 2020-01-22 Denied Response WaivedIFP administrative-law civil-procedure civil-rights due-process evidence exhaustion-doctrine exhaustion-of-remedies fourth-circuit judicial-procedure procedural-dismissal section-1983 standing Whether the USDO-EDAO erred in deciding that Plaintiff-Petitioner failed to exhaust and dismissing without prejudice the Petitioner's §1982 Complaint …
19-7231 Joshua Andrew Monroe v. Scott Lewis, Warden Fourth Circuit 2020-01-09 Denied Response WaivedIFP appellate-review certificate-of-appealability civil-procedure district-court due-process fourth-circuit fourth-circuit-court-of-appeals habeas-corpus procedural-ruling statute-of-limitations DID THE FOURTH CIRCUIT COURT OF APPEALS ERR IN NOT ISSUING A CERTIFICATE OF APPEALABILITY WHERE PETITIONER DEMONSTRATED THAT JURIST OF REASON COULD FI…
19-7178 Tracy Jarvis Allen v. United States Fourth Circuit 2020-01-06 Denied Response WaivedIFP armed-career-criminal-act armed-robbery fourth-circuit fourth-circuit-precedent johnson-claim johnson-v-united-states robbery sentencing-enhancement sixth-amendment south-carolina standard-of-review Whether oJL not the District Court erred in determining that Petitioner Allen's South Carolina Armed Robbery convictions are valid predicates under th…
19-7007 Bryshun Genard Furlow v. United States Fourth Circuit 2019-12-19 GVR Response RequestedResponse WaivedRelisted (2)IFP armed-career-criminal-act categorical-approach collateral-challenge controlled-substance-offense due-process fourth-circuit prior-conviction sentencing-guidelines serious-drug-offense state-conviction u.s.s.g.-4b1.1 I. Whether the Fourth Circuit should be required to use the categorical approach, applying the parameters set by this Court, to its determination that…
19-6958 Renee L. McCray v. Samuel I. White, P.C., et al. Fourth Circuit 2019-12-16 Denied IFP bona-fide-error civil-procedure civil-procedure-rules debt-collection due-process fair-debt-collection-practices-act fdcpa federal-appeals federal-rules-of-civil-procedure fourth-circuit jerman-v-carlisle rehearing standing summary-judgment 1. Whether the Court of Appeals for the Fourth Circuit erred when it denied the Petitioner's petition for rehearing, when the United States District C…
19-6849 Cedric Sharrod Williams v. United States Fourth Circuit 2019-12-04 Denied Response WaivedIFP circuit-court-review controlled-substance criminal-law drug-crimes due-process firearm-proximity firearms fourth-circuit sentencing sentencing-enhancement statutory-interpretation Whether the fourth circuit court of appeals erred in concluding that, despite the controlled substance [heroin] in this matter having been locked in a…
19-680 Kenneth Sealey, et al. v. J. Duane Gilliam, et al. Fourth Circuit 2019-11-26 Denied Response RequestedResponse WaivedRelisted (2) 42-usc-1983 4th-amendment civil-rights due-process summary-judgment civil-procedure civil-rights constitutional-rights district-court due-process fourth-circuit legal-analysis qualified-immunity standing summary-judgment The questions presented here are: 1. Did the Fourth Circuit err in holding that District Courts are not required to properly apply the qualified immu…
19-6619 Genesis Lee Whitted v. United States Fourth Circuit 2019-11-13 Denied Response WaivedIFP base-offense-level criminal-procedure drug-quantity drug-weight fourth-circuit indictment relevant-conduct sentencing-guidelines sentencing-guidelines-1b1.3 time-interval WHETHER THE DISTRICT COURT IMPROPERLY EXPANDED GUIDELINE § 1B1.3 BY INCLUDING DRUG AMOUNTS ASSOCIATED WITH CONDUCT OCCURRING SIGNIFICANTLY OUTSIDE THE…
19-6419 Scott Wilson v. United States Fourth Circuit 2019-10-28 Denied Response WaivedIFP certificate-of-appealability commerce-clause constitutional-rights due-process evidentiary-hearing fourth-circuit habeas-corpus ineffective-assistance-of-counsel ineffective-counsel plea-bargaining DENYING CERTIFICATE OF APPEALABILITY AS TO WHETHER THE DISTRICT COURT; (1) ERRS DENYING WILSON'S HABEAS CLAIM(S) ALLEGING COUNSEL'S UNREASONABLE FAILU…
19-6394 Jacques Paul Villafana v. Henry Thomas Padrick, Jr. Fourth Circuit 2019-10-24 Denied Response WaivedIFP appellate-jurisdiction circuit-court-review civil-procedure collateral-order-doctrine conflict-with-supreme-court fourth-circuit interlocutory-appeal judicial-procedure jurisdictional-challenge memorandum-order supreme-court-precedent I. Courts of Appeals may exercise jurisdiction over collateral orders. Petitioner appealed a District Court's Memorandum Order under the collateral or…
19-6292 Malcolm Muhammad v. Y. Taylor, et al. Fourth Circuit 2019-10-17 Denied Response WaivedIFP civil-procedure civil-rights disciplinary-conviction district-court due-process evidence fourth-circuit good-time-credit hearing-rights jury-verdict liberty-interest parole retaliation standing 1. Did the Fourth Circuit erred in deferring to the District Court's finding that the petitioner was not given the opportunity to have a hearing on hi…
19-6124 Jerry Scott Hill v. United States Fourth Circuit 2019-10-02 Denied Response WaivedIFP armed-career-criminal-act assault breaking-and-entering certificate-of-appealability deadly-weapon fourth-circuit fourth-circuit-court-of-appeals johnson-v-united-states north-carolina-assault supreme-court violent-felony I. WHETHER THE FOURTH CIRCUIT COURT OF APPEALS ERRED IN HOLDING THAT NORTH CAROLINA ASSAULT WITH A DEADLY WEAPON WITH INTENT TO KILL INFLICTING SERIOU…
19-5801 Emory Chiles v. United States Fourth Circuit 2019-09-04 Denied Response WaivedIFP 4th-amendment appellate-review court-of-appeals criminal-procedure district-court evidence-suppression exclusionary-rule fourth-amendment fourth-circuit motion-to-suppress probable-cause search-and-seizure standard-of-review Whether the Court of Appeals for the Fourth Circuit erred when it affirmed the district court's denial of Chiles' motion to suppress evidence?
19-5501 Mandrail Jamar Woodberry v. United States Fourth Circuit 2019-08-07 GVR IFP appellate-procedure counsel-withdrawal criminal-appeal criminal-procedure due-process fourth-circuit jurisdiction rehaif rehaif-decision rehaif-v-united-states statutory-interpretation supreme-court-review withdrawal-of-counsel Whether in light of the Court's opinion in Rehaif v. United States, No. 17-9560 issued on June 21, 2019 this Court should vacate the opinion of the U.…
19-5408 Gregory Daniels v. United States Fourth Circuit 2019-07-30 Denied Response WaivedIFP appellate-jurisdiction appellate-procedure civil-procedure court-dismissal dismissal due-process fourth-circuit jurisdiction legal-error notice-of-appeal standard-of-review standing WHETHER THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT ERRED AS A MATTER OF LAW BY DISMISSING PETITIONER'S NOTICE OF APPEAL.
19-5270 Phyteaf Phequan McCormick v. United States Fourth Circuit 2019-07-22 GVR IFP case-remand criminal-procedure due-process federal-courts federal-law fourth-circuit judicial-interpretation sentencing statutory-construction statutory-interpretation supreme-court supreme-court-review Whether the Fourth Circuit's judgment should be vacated and this case remanded for further review in light of this Court's recent opinion in Rehaif v.…
19-5196 Malcolm Omar Robinson v. United States Fourth Circuit 2019-07-15 GVR IFP armed-career-criminal-act breaking-and-entering burglary criminal-law fourth-amendment fourth-circuit rehaif-v-united-states remand sentencing-enhancement statutory-interpretation I. Whether North Carolina Breaking and Entering, which criminalizes, among other things, the breaking or entering into "any other structure designed t…
19-5108 Donald Covington v. United States Fourth Circuit 2019-07-09 Denied Response WaivedIFP civil-procedure civil-rights constitutional-claims due-process eighth-amendment excessive-fines fourth-circuit sentencing sentencing-guidelines special-assessments standing statutory-claims Did the United States Court of Appeals for the Fourth Circuit err in granting the government's motion to dismiss by denying the Petitioner the ability…
19-5086 Iris McClain v. Wells Fargo Home Mortgage, et al. Fourth Circuit 2019-07-05 Denied IFP bankruptcy-fraud civil-procedure district-court emotional-distress false-and-deceitful-misrepresentation fourth-circuit fraud-upon-the-court infliction-of-emotional-distress mail-and-wire-fraud mail-fraud wire-fraud 1. Whether the Fourth Circuit of the United States Court of Appeals erred in affirming the District Court's Order Dismissing the Bankruptcy Fraud (Cla…
18-9775 Dustin Washington v. United States Fourth Circuit 2019-06-24 Denied Response WaivedIFP 4th-amendment affidavit criminal-procedure drug-weight forfeiture fourth-amendment fourth-circuit motion-to-suppress probable-cause search-and-seizure search-warrant sentencing-error standard-of-review sufficiency-of-evidence I. Whether the Fourth Circuit erred by failing to find that the District Court erred in denying Mr. Washington'S Motion to Suppress the seizure of the…
18-9657 Joseph Howard Davis v. United States Fourth Circuit 2019-06-17 Denied Response WaivedIFP circuit-split confrontation-clause criminal-evidence criminal-procedure drug-dealer drug-distribution due-process evidence fourth-circuit hearsay informant methamphetamine-offense non-testifying-witness second-circuit I. Is an out-of-court statement by a non-testifying informant which identifies the defendant as a drug dealer hearsay, as in the Second Circuit, or no…
18-1540 VHT, Inc. v. Zillow Group, Inc., et al. Ninth Circuit 2019-06-13 Denied Response Waived automated-systems circuit-split copyright-infringement direct-liability exclusive-rights fifth-circuit fourth-circuit proximate-causation statutory-construction third-circuit volitional-conduct The owner of a copyright holds the exclusive rights of reproduction, distribution, public display, and adaptation in his or her work. 17 U.S.C. § 106.…
18A1211 Karolyn Givens, et al. v. Mountain Valley Pipeline, LLC Fourth Circuit 2019-05-22 Presumed Complete condemnation eminent-domain fourth-circuit land-use pipeline-easement property-rights Question not identified.
18-9046 Richard Shusterman v. United States Fourth Circuit 2019-05-01 Denied Response WaivedIFP 28-usc-2255 certificate-of-appealability district-court due-process fourth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel reasonable-jurists standard-of-review 1. Did the Fourth Circuit Court of Appeals err in deny- ing issuance of a Certificate of Appealability of a 28 U.S.C.§ 2255 ruling when the District…
18-9016 Henry Earl Miller v. United States Fourth Circuit 2019-04-26 Denied Response WaivedIFP 28-usc-2255 4th-circuit-court-of-appeals 5th-amendment 5th-amendment-equal-protection constitutional-rights due-process equal-protection federal-law fourth-circuit habeas habeas-corpus procedural-due-process procedural-law wood-v-milyard Does The Fourth Circuit's Widespread Practice Of Issuing Virtually Indistinguishable Production-Line Manufactured Rubber Stamped Opinions Violate Mill…
18-9020 Michael Marshall v. United States Fourth Circuit 2019-04-26 Denied Response WaivedIFP appeals appellate-review criminal-procedure due-process federal-appeal federal-courts federal-jurisdiction fourth-circuit guilty-plea jurisdictional-grounds plea-bargaining sentencing Whether the writ should issue so that this Court may decide whether Petitioner's guilty plea was valid.
18-8549 Keith D. Goodman v. I. D. Hamilton, Warden Fourth Circuit 2019-03-26 Denied Response WaivedIFP civil-rights criminal-procedure district-court due-process facial-unconstitutionality fourth-circuit habeas habeas-corpus second-or-successive second-successive-petition standing statutory-interpretation unconstitutional-statute In 2013, The Fourth Circuit Court of Appeals declared Va. Code § 18.2-361(A), a state criminal statute under which Petitioner remains convicted, sente…
18-8410 Marshall Ray Miller v. Joseph L. McFadden, Warden Fourth Circuit 2019-03-14 Denied Response WaivedIFP certificate-of-appealability constitutional-rights criminal-procedure due-process effective-assistance-of-counsel fourth-circuit ineffective-assistance-of-counsel law-enforcement-statements personal-jurisdiction plea-agreement plea-bargaining sentencing Did the Fourth Circuit Court of Appeals err in not issuing a Certificate of Appealability where Petitioner demonstrated a substantial showing of a con…
18-8382 Guy Ennis Smith v. United States Eleventh Circuit 2019-03-12 Denied Response WaivedIFP civil-rights constitutional-law coram-nobis criminal-procedure due-process first-amendment fourth-circuit free-speech military military-medals ninth-circuit speech-restrictions standing stolen-valor-act supreme-court-precedent Whether this Court's decision in United States v. Alvarez, 132 S. Ct. 2357 (2012), which found the false speech and writing subsection of the Stolen V…
18-8359 Jarrett Terrell Edwards v. United States Fourth Circuit 2019-03-11 Denied Response WaivedIFP appellate-review career-offender criminal-law criminal-procedure criminal-sentencing due-process fourth-circuit guideline-interpretation sentencing-guidelines statutory-interpretation u.s.s.g-4b1.1 u.s.s.g.-4b1.1(a) Whether the United States Fourth Circuit Court of Appeals committed error by sentencing the Petitioner as a career offender pursuant to U.S.S.G. § 4B1…
18-8355 Mario Chester Tabron v. United States Fourth Circuit 2019-03-08 Denied Response WaivedIFP burglary burglary-element criminal-enhancement criminal-law criminal-procedure district-court due-process federal-jurisdiction fourth-amendment fourth-circuit sentencing sentencing-guidelines statutory-interpretation 1. Did the Fourth Circuit and the Middle district Of North Carolina (Greensboro) err in affirming the USSG 2K2.1(b)(6)(B) 4-Level enhancement without …
18-7984 James Scott Ervin v. United States Fourth Circuit 2019-02-14 Denied Response WaivedIFP 18-usc-924 armed-career-criminal-act criminal-law criminal-procedure due-process fourth-circuit north-carolina statutory-interpretation violent-felony I. Did the Fourth Circuit Court of Appeals violate the Petitioner's rights to due process by not following this Court's prior holdings, when it determ…
18-7952 Stanley D. Partman, aka Goat v. United States Fourth Circuit 2019-02-13 Denied Response WaivedIFP 28-usc-2253 appellate-procedure certificate-of-appealability constitutional-vagueness due-process fourth-circuit habeas-corpus jurisdiction jurisdictional-requirements standard-of-review unconstitutionally-vague Is the Fourth Circuit Court of Appeal's Standard of Determination for Issuance of a Certificate of Appealability in Essence Decides an Appeal Without …
18-7924 Clifton Donell Lyles v. Angela Broach, et al. Fourth Circuit 2019-02-12 Denied IFP appellate-review civil-procedure due-process federal-courts fourth-circuit issue-preclusion judicial-procedure jurisdictional-bar rooker-feldman-doctrine standing DID THE FOURTH CIRCUIT COURT OF APPEALS ERR BY ALLOWING THE ROOKER-FELDMAN DOCTRINE TO BE USED TO GRANT MOTION FOR ISSUE PRECLUSION?
18-7878 John Timothy Cannon, aka Mr. JT v. United States Fourth Circuit 2019-02-11 Denied Response WaivedIFP conspiracy criminal-law due-process fifth-amendment fourth-circuit jurisprudence WHETHER the interpretation of conspiracy in the FourthCircuit is overbroad, violating the Due Process Clause of the Fifth Amendment departing from t…
18-7802 Michael Hopson v. United States Fourth Circuit 2019-02-07 Denied Response WaivedIFP aid-of-racketeering attempted-murder constitutional-claims criminal-intent criminal-procedure due-process fifth-amendment fourteenth-amendment fourth-circuit insufficient-evidence murder pattern-of-racketeering racketeering-conspiracy Whether the evidence at trial was insufficient to convict Petitioner of the racketeering conspiracy where the United States failed to prove Petitioner…
18-7588 Frank Odom, Jr. v. United States Fourth Circuit 2019-01-25 Denied Response WaivedIFP appeal-waiver district-court due-process fourth-circuit mitigation mitigation-arguments plea-agreement remand sentencing Does a plea agreement with an appeal waiver waive the right to obtain a remand requiring the district court to actually consider the defendant's mitig…
18-7335 Alonzo Alexander McKay v. Harold W. Clarke, Director, Virginia Department of Corrections Fourth Circuit 2019-01-10 Denied IFP appellate-procedure certificate-of-appealability constitutional-review due-process fourth-circuit habeas-corpus ineffective-assistance-of-counsel missouri-v-frye supreme-court-precedent Did the United States Court of Appeals for the Fourth Circuit Err by denying a Certificate of Appealbility (COA), due to its exceeding the scope of th…
18-7129 Brennan Christian, aka Twin, aka Trey v. United States Fourth Circuit 2018-12-19 Denied Response WaivedIFP carpenter-precedent carpenter-v-united-states cell-phone-records cell-site-records circuit-split constitutional-rights district-court-discretion fourth-amendment fourth-circuit pro-se-petition stare-decisis Has the Fourth Circuit Court of Appeals misapplied this Court's ruling in Carpenter v. United States (138 S.Ct. 2206, 2217, 2220 (2018)) regarding cel…
18-7048 Jimmy Lawrence Nance v. United States Fourth Circuit 2018-12-17 Denied Response WaivedIFP buck-v-davis certificate-of-appealability constitutional-rights due-process extraordinary-circumstances fourth-circuit habeas-corpus slack-v-mcdaniel WHETHER THE FOURTH CIRCUIT COURT OF APPEALS ERRED IN DENYING A CERTIFICATE OF APPEALABILITY BY FAILING TO ASSES THE EXTRAORDINARY CIRCUMSTANCES PRESEN…
18-6581 Larry Hailey v. United States Fourth Circuit 2018-11-06 Denied Response WaivedIFP 28-usc-2255 career-offender career-offender-enhancement crimes-of-violence criminal-law criminal-procedure fourth-circuit fourth-circuit-appeal prior-convictions section-2255-motion sentencing sentencing-guidelines virginia-prior-convictions 1. Whether the Fourth Circuit Court of Appeals Erred in Denying Petitioner's Appeal from Denial of His Motion Under 28 US.C. § 2255 Wherein Petitioner…
18-6352 Joseph Kelvin Aberant v. United States Fourth Circuit 2018-10-16 Denied Response WaivedIFP attempted-murder cross-reference firearm firearm-offense fourth-circuit imperfect-self-defense indictment self-defense sentencing-guidelines I. WHETHER THE FOURTH CIRCUIT ERRED IN FINDING THAT THE CROSS REFERENCE UNDER SECTION 2K2.1(C)(l) OF THE UNITED STATES SENTENCING GUIDELINES WAS AP…
18-6231 Dawud Rahim v. South Carolina Department of Probation, Parole, and Pardon Services Fourth Circuit 2018-10-05 Denied IFP administrative-law civil-procedure civil-rights constitutional-violation due-process fourth-circuit notice notice-requirement parole parole-revocation procedural-rights standing state-deference Whether the rescission procedure of the Petitioner, granted that prior to convening and reconsidering his parole for rescission the Petitioner was con…
18-6018 In Re Gary Ivan Terry 2018-09-18 Denied Response WaivedIFP actual-bias all-writs-act bias due-process fifth-amendment fourth-circuit judicial-bias mandamus recusal-statute separation-of-powers writ-of-mandamus Whether the federal recusal statute was violated when a panel of judges on the United States Court of Appeals for the Fourth Circuit denied the motion…
18-5995 Nathaniel R. Webb v. Donnie Harrison, Sheriff, Wake County, North Carolina, et al. Fourth Circuit 2018-09-14 Denied IFP abstention-doctrine circuit-split civil-rights constitutional-rights due-process excessive-bail fourth-circuit habeas-corpus pretrial-detention speedy-trial younger-abstention Is Younger v. Harris abstention appropriate when challenging the denial of Constitutional protections at prosecution; specifically when does prolonged…
18-5929 David T. Odom v. United States Fourth Circuit 2018-09-12 Denied Response WaivedIFP appeal conditional-plea conditional-plea-agreement criminal-procedure district-court due-process federal-appeals-court fourth-circuit plea-agreement standard-of-review statute-of-limitations Whether a defendant can make a knowing and voluntary decision under a conditional plea agreement when, believing he is preserving his Motion to Dismis…
18-5327 Adib Eddie Ramez Makdessi v. Lieutenant Fields, et al. Fourth Circuit 2018-07-24 Denied Response WaivedRelisted (2)IFP civil-procedure civil-rights criminal-procedure cruel-and-unusual-punishment deliberate-indifference deliberate-misconduct due-process evidence-suppression excessive-force federal-courts fourth-circuit judicial-conflict retaliation standing takings witness-tampering -The FourthCircuit First opinion Appendx Findingin Maessis Favor s r Confct ith th econonAppend overlooKing so much of the evidence that was held in t…
18-5063 Charles Byers v. United States Fourth Circuit 2018-06-29 Denied Response WaivedIFP class-decision counsel-notification criminal-procedure-appeal-rights due-process fourth-circuit habeas-corpus ineffective-assistance-of-counsel mandate-recall profitt-v-united-states recall-mandate right-to-appeal supreme-court-review wilkins-precedent wilkins-v-united-states Whether the Fourth Circuit erred In denying Petitioner's Motion To Recall Mandate When Counsel Failed to Notify Him of his Right to seek review from t…
18A1 Adib Eddie Ramez Makdessi v. Lieutenant Fields, et al. Fourth Circuit 2018-06-28 Presumed Complete due-process fourth-circuit judicial-opinion pro-se procedural-rights writ-of-certiorari Question not identified.
24A325 South Carolina Department of Parks, Recreation and Tourism v. Google LLC Fourth Circuit Denied constitutional-challenge fourth-circuit governmental-interest irreparable-harm sovereign-definition state-sovereignty Question not identified.