4th Circuit Daily Opinions

Christopher Martin v. Joseph Walters - Appeal Dismissal

The Fourth Circuit Court of Appeals dismissed Christopher James Martin's appeal of a district court's order. The court denied Martin's request for a certificate of appealability, finding he did not make the requisite showing of a denial of a constitutional right.

US v. Antionne Cherry - Sentencing Appeal

The Fourth Circuit Court of Appeals affirmed the sentence of Antionne Cherry, who appealed his conviction for being a felon in possession of a firearm. The court found that any error in calculating Cherry's sentencing guidelines range was harmless.

McKeever v. State of North Carolina - Appeal Dismissed

The Fourth Circuit Court of Appeals dismissed an appeal filed by William N. McKeever, a North Carolina inmate, due to a late filing of the notice of appeal. The court found that the appeal period expired before McKeever filed his notice, thus lacking jurisdiction.

US v. Cory Currie - Criminal Appeal

The Fourth Circuit Court of Appeals dismissed in part and affirmed in part the appeal of Cory Fernando Currie. The court granted the government's motion to dismiss the appeal based on the appeal waiver in Currie's plea agreement, finding the district court conducted a proper Rule 11 hearing.

US v. Raoul Lafond - Affirmation of District Court Order

The Fourth Circuit Court of Appeals affirmed a district court's decision to construe Raoul Lafond's motion for relief from judgment as an unauthorized, successive motion to vacate a sentence. The court denied Lafond's request to file a second or successive motion.

Emmanuel King Shaw v. Byron Watson - Appeal of Dismissed Motion

The Fourth Circuit Court of Appeals affirmed a district court's decision to dismiss a motion for relief from judgment as an unauthorized successive petition for a writ of habeas corpus. The court denied authorization for a successive petition, citing lack of prefiling authorization.

US v. John Moore - Fourth Amendment Search and Seizure

The Fourth Circuit Court of Appeals vacated and remanded a conviction for John Henry Moore, instructing the district court to conduct an evidentiary hearing on the defendant's motion to suppress evidence seized during searches of his apartment. The court found the district court erred by denying the motion without a hearing.

Fitzwater v. CONSOL Energy - ERISA Retiree Benefits

The Fourth Circuit Court of Appeals affirmed a district court's decision regarding the termination of CONSOL Energy's retiree welfare benefits plan. The court found that ERISA permits such changes when employers reserve the right to amend or terminate plans and employees are aware of these actions. The decision impacts employers with similar benefit plans and their former employees.

Heather Cogdell v. Reliance Standard Life Insurance - ERISA Disability Benefits

The Fourth Circuit Court of Appeals affirmed a lower court's decision in Heather Cogdell v. Reliance Standard Life Insurance Company. The court held that an untimely decision by a plan administrator on an internal appeal of a disability benefits claim, governed by ERISA, does not warrant deferential review.

US v. Rashaun Taylor - Appeal Dismissed for Untimely Filing

The Fourth Circuit Court of Appeals dismissed Rashaun Taylor's appeal for lack of jurisdiction due to an untimely filed notice of appeal. The court denied his motions to consolidate and for Brady v. Maryland consideration, upholding the district court's order denying his motion to compel discovery.