4th Circuit Daily Opinions

Cin Dale 3 v. Peoples Bank Corp - Affirmation of Dismissal

The Fourth Circuit Court of Appeals affirmed the dismissal of a suit brought by Cin Dale 3 against Peoples Bank Corp. The court held that the bank acted appropriately by complying with a court order to turn over funds from a depositor's account to satisfy a judgment. This ruling reinforces the ministerial role of banks in judgment enforcement.

US v. John McLaurin - Criminal Case Vacated and Remanded

The Fourth Circuit Court of Appeals vacated and remanded the criminal case of US v. John McLaurin. The court found that discretionary supervised release conditions not orally pronounced at sentencing are nullities, impacting the revocation judgment. The case is remanded for resentencing.

Cedar Coal Company v. Director, DOWCP - Black Lung Benefits Decision

The Fourth Circuit Court of Appeals denied Cedar Coal Company's petition to review an order awarding black lung benefits to the estate of Roger L. Mullins. The court found that the Administrative Law Judge's decision was supported by substantial evidence and that the claimant presented sufficient evidence within regulatory limitations.

Fredis Ortez Reyes v. USCIS - Immigration Jurisdiction

The Fourth Circuit Court of Appeals reversed and remanded a district court's decision, holding that courts do have jurisdiction to review immigration judge decisions based solely on statutory interpretation. The case involves a denial of a derivative asylee status petition based on a prior removal order.

US v. Jose Duran Garcia - Appeal Affirmed

The Fourth Circuit Court of Appeals affirmed the district court's denial of Jose Duran Garcia's motion to suppress evidence. The court found that the search of the bus luggage compartment, based on a drug dog's alert, was lawful. Duran Garcia had pleaded guilty after his motion to suppress was denied.

United States v. Sergio Carrillo Murillo - Affirmation of Conviction

The Fourth Circuit affirmed the conviction of Sergio Carrillo Murillo in a published opinion. This decision is the second appeal in his 28 U.S.C. § 2255 proceedings, addressing claims of ineffective assistance of counsel related to his guilty plea and potential deportation.

US v. Manger Blackmon - Criminal Appeal

The Fourth Circuit Court of Appeals affirmed the conviction of Manger Blackmon for being a felon in possession of a firearm. The court found that any error in not having a jury determine the 'occasions' for prior violent felonies was harmless, upholding the mandatory minimum sentence.

Elon Musk Petition for Writ of Mandamus - Deposition Protective Order

Elon Musk and several government entities filed a petition for a writ of mandamus with the Fourth Circuit Court of Appeals after a district court denied their motion for a protective order. The protective order sought to prevent the deposition of Musk and other high-ranking officials in a case alleging violations of the Appointments Clause and separation of powers principles.

Crawford v. Prince George's County Schools - ADA Claim Affirmed

The Fourth Circuit Court of Appeals affirmed a district court's decision granting summary judgment to Prince George's County Public Schools in a failure-to-accommodate claim under the Americans with Disabilities Act. The court denied a motion to dismiss the appeal as untimely, finding excusable neglect for an extension.

Wilson Ochar v. Ameris Bank - Appeal Dismissed in Part, Affirmed in Part

The Fourth Circuit Court of Appeals dismissed in part and affirmed in part the district court's order in Wilson Ochar v. Ameris Bank. The appeal regarding the dismissal of consolidated actions was dismissed for lack of jurisdiction due to a late filing, while the prefiling injunction was affirmed.