4th Circuit Daily Opinions

Brandon Thompson Appeal Dismissed by Fourth Circuit

The Fourth Circuit Court of Appeals dismissed Brandon J. Thompson's appeal of a district court order denying his motion for relief under 28 U.S.C. § 2255. The court found that Thompson failed to make the requisite showing for a certificate of appealability, thus denying the appeal.

Courtney Boyd v. United States - Compassionate Release Appeal Denied

The Fourth Circuit Court of Appeals affirmed a district court's denial of Courtney Omar Boyd's motion for compassionate release. The court found no abuse of discretion in the district court's determination that Boyd failed to demonstrate extraordinary and compelling reasons for release.

US v. Terry White - Affirmation of Revoked Supervised Release Sentence

The Fourth Circuit Court of Appeals affirmed a district court's decision to revoke Terry Antonio White's supervised release and impose an 18-month prison sentence. The court found no meritorious grounds for appeal, concluding the sentence was not plainly unreasonable.

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.

Petition for Writ of Mandamus Denied

The Fourth Circuit Court of Appeals denied a petition for a writ of mandamus filed by Ubong Christopher Ubokudom. The petition sought to compel the district court to appoint counsel for his daughter and rule on pending motions for injunctive relief. The court found no undue delay or entitlement to mandamus relief.

Pisner v. Attorney Grievance Commission - Appeal Dismissed

The Fourth Circuit Court of Appeals dismissed Gary Pisner's appeal of a district court order remanding his case to state court. The court found it lacked jurisdiction to review the remand order, as such orders are generally not appealable under 28 U.S.C. § 1447(d).

Dodson v. Lutheran Village - Affirmation of Summary Judgment Ruling

The Fourth Circuit Court of Appeals affirmed a lower court's ruling in Dodson v. Lutheran Village, granting summary judgment to the defendant on claims of religious discrimination and failure to accommodate. The unpublished opinion means the ruling does not set precedent.

Tiffany Locus v. Zachariah Ross - Appeal of Dismissal

The Fourth Circuit Court of Appeals affirmed a district court's dismissal of Tiffany Locus's case for lack of jurisdiction. The court found that Locus failed to challenge the basis for the dismissal in her informal brief, thereby forfeiting appellate review.

US v. Malcolm Moore - Affirmation of Sentence

The Fourth Circuit affirmed the sentence of Malcolm Moore, who was convicted of being a felon in possession of a firearm. The court found that Moore's prior conviction for assault with a deadly weapon qualified as a crime of violence, supporting the sentencing enhancements applied by the district court.

US v. Simpson - Affirmation of Wire Fraud Conviction

The Fourth Circuit Court of Appeals affirmed the conviction of William Simpson, II, for wire fraud related to defrauding the United States of over one million dollars in COVID-19 relief funds. The court found the sentence of 36 months imprisonment to be procedurally and substantively reasonable.