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Third Circuit Announces “Commencement of the Instant Offense” in Guidelines § 4A1.2(e) Unambiguously Refers Only to Specific Offense of Conviction, Not Relevant Conduct

Article • November 15, 2025 • from CLN December, 2025

Filed under: U.S. Sentencing Guidelines, Sex Offender Registration and Notification Act, Prior Conviction/Sentence/Incarceration, Adequacy of Criminal History Category, Statutory Construction/Interpretation

Third Circuit Announces “Commencement of the Instant Offense” in Guidelines § 4A1.2(e) Unambiguously Refers Only to Specific Offense of Conviction, Not Relevant Conduct by David Kim by David Kim The United States Court of Appeals for the Third Circuit held that the phrase “commencement of the instant offense” for calculating …

Fourth Circuit: A Finding of Offering Money to Minor  for Videos Depicting Specific Conduct Without Establishing  Order of Events Insufficient to Establish Offer ‘Caused’  Minor to Produce Explicit Ma...

Article • July 1, 2025 • from CLN July, 2025

Filed under: U.S. Sentencing Guidelines, Applicable Guidelines Issues

Fourth Circuit: A Finding of Offering Money to Minor for Videos Depicting Specific Conduct Without Establishing Order of Events Insufficient to Establish Offer ‘Caused’ Minor to Produce Explicit Material Within Meaning of Guidelines § 2G2.2(c)(1) Cros by Sagi Schwartzberg The United States Court of Appeals for the Fourth Circuit vacated …

News in Brief

Article • July 1, 2025 • from CLN July, 2025

Filed under: Misconduct/Corruption, Pepper Spray/Tear Gas, Shootings, Dogs, Police--Excessive Force, Brady Violations, Home Search, Bribery/Extortion/Theft, Brady Rule violations, Perjury/Perjured Testimony

News in Brief by Arkansas: The downward spiral of former Hot Spring County Sheriff Derek “Scott” Finkbeiner, 47, continued with his fourth arrest on May 2, 2025, reported KATV out of Little Rock. The arrest stemmed from Finkbeiner’s attempt to contact a witness, co-defendant Jordan Hammond, through the Signal app, …

Fourth Circuit: District Court Erred in Imposing ‘Managerial Role’ Enhancement Under Guidelines § 3B1.1(b) Without Making ‘Particularized Findings’ Regarding Scope of Criminal Activity and Number of P...

Article • April 15, 2025 • from CLN May, 2025

Filed under: Sentence Enhancements/Departures, Joint Participant, Scope/Standard of Review

Fourth Circuit: District Court Erred in Imposing ‘Managerial Role’ Enhancement Under Guidelines § 3B1.1(b) Without Making ‘Particularized Findings’ Regarding Scope of Criminal Activity and Number of Participants as Required by Guidelines §1B1.1 by Douglas Ankney by Douglas Ankney The United States Court of Appeals for the Fourth Circuit held that …

News in Brief

Article • February 15, 2025 • from CLN March, 2025

Filed under: News in Brief

News in Brief by Alaska: In a rare move, federal prosecutors asked an Alaska judge to vacate the 2019 assault conviction of long-time felon Johnny-Lee Preston Burk, citing a concealed relationship between the presiding judge and a prosecutor in the case. The Alaska Beacon reported that United States District Judge …

HRDC v. Ishee, et al., NC, Settlement Agreement and Release, 2024

Filing • September 25, 2024

Filed under: Publications/Books, Due Process, Banned Book Lists, PLN Litigation, Censorship, HRDC Publications, HRDC Litigation

HRDC v. Ishee, et al., NC, Settlement Agreement and Release, 2024 Docusign Envelope ID: 19D17FBB-93C2-469E-876F-033496C202CE EXECUTION COPY UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION HUMAN RIGHTS DEFENSE CENTER, v. Civil Action No. 5:21-CV-469-FL Plaintiff, SETTLEMENT AGREEMENT AND RELEASE ISHEE et al., Defendants. This SETTLEMENT …

HRDC v. Ishee, et al., NC, Settlement Agreement and Release, 2024

Brief • September 25, 2024

Filed under: Publications/Books, Due Process, Banned Book Lists, PLN Litigation, Censorship, HRDC Publications, HRDC Litigation

HRDC v. Ishee, et al., NC, Settlement Agreement and Release, 2024 Docusign Envelope ID: 19D17FBB-93C2-469E-876F-033496C202CE EXECUTION COPY UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION HUMAN RIGHTS DEFENSE CENTER, v. Civil Action No. 5:21-CV-469-FL Plaintiff, SETTLEMENT AGREEMENT AND RELEASE ISHEE et al., Defendants. This SETTLEMENT …

News in Brief

Article • September 1, 2024 • from CLN September, 2024

Filed under: News in Brief

News in Brief by Arizona: On June 29, 2024, the Tempe police department posted a Facebook message regarding an award that two of its officers had just received. “Congratulations to Officer Zachary Hyde and Officer Gavin Young. Last night both received the Hero Award at the 35th annual Mothers Against …

Junk Science Convicted an Innocent Sailor, DNA Exonerated Him Decades Later with the Help of the Innocence Project

Article • June 15, 2024 • from CLN June, 2024

Filed under: junk science, Wrongful Conviction, Forensic Sciences

Junk Science Convicted an Innocent Sailor, DNA Exonerated Him Decades Later with the Help of the Innocence Project by Jo Ellen Nott by Jo Ellen Knott   Keith Harward, 67, was born in Greensboro, North Carolina, a state whose motto is “To be, rather than to seem.” Unfortunately for Harward, …

HRDC v. Ishee, et al., NC, Order re Court-Hosted Settlement Conference, 2024

Filing • May 20, 2024

Filed under: Publications/Books, Due Process, Banned Book Lists, PLN Litigation, Censorship, HRDC Publications, HRDC Litigation

HRDC v. Ishee, et al., NC, Order re Court-Hosted Settlement Conference, 2024 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION 5:21-CV-469-FL HUMAN RIGHTS DEFENSE CENTER, Plaintiff, v. TODD ISHEE, in his official capacity, TIM MOOSE, in his individual and official capacities; DARCELL CARTER, …

HRDC v. Ishee, et al., NC, Order re Court-Hosted Settlement Conference, 2024

Brief • May 20, 2024

Filed under: Publications/Books, Due Process, Banned Book Lists, PLN Litigation, Censorship, HRDC Publications, HRDC Litigation

HRDC v. Ishee, et al., NC, Order re Court-Hosted Settlement Conference, 2024 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION 5:21-CV-469-FL HUMAN RIGHTS DEFENSE CENTER, Plaintiff, v. TODD ISHEE, in his official capacity, TIM MOOSE, in his individual and official capacities; DARCELL CARTER, …

HRDC v. Ishee, et al., NC, Order Granting in Part Motion for Summary Judgment, 2024

Filing • March 27, 2024

Filed under: Publications/Books, Due Process, Banned Book Lists, PLN Litigation, Censorship, HRDC Publications, HRDC Litigation

HRDC v. Ishee, et al., NC, Order Granting in Part Motion for Summary Judgment, 2024 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION NO. 5:21-CV-469-FL HUMAN RIGHTS DEFENSE CENTER, Plaintiff, v. TODD ISHEE, in his official capacity, TIM MOOSE, in his individual and …

HRDC v. Ishee, et al., NC, Order Granting in Part Motion for Summary Judgment, 2024

Brief • March 27, 2024

Filed under: Publications/Books, Due Process, Banned Book Lists, PLN Litigation, Censorship, HRDC Publications, HRDC Litigation

HRDC v. Ishee, et al., NC, Order Granting in Part Motion for Summary Judgment, 2024 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION NO. 5:21-CV-469-FL HUMAN RIGHTS DEFENSE CENTER, Plaintiff, v. TODD ISHEE, in his official capacity, TIM MOOSE, in his individual and …

North Carolina Supreme Court: Outstanding Warrant for Driver Who Fled Accident Scene Does Not Authorize Inventory Search of Disabled Vehicle

Article • March 15, 2024 • from CLN March, 2024

Filed under: Automobile Exception, Searches - Inventory, Automobile Searches/Seizures, Immediate Control, Searches - Automobile, Arrest - Search Incident to, Illegal Search

North Carolina Supreme Court: Outstanding Warrant for Driver Who Fled Accident Scene Does Not Authorize Inventory Search of Disabled Vehicle by Anthony Accurso by Anthony W. Accurso The Supreme Court of North Carolina held that the warrantless search of a disabled vehicle was not reasonable when officers had the authority …

Fourth Circuit Denies Defendant Faced ‘Classic Penalty Situation’ During Polygraph Questioning While on Supervised Release

Article • September 1, 2023 • from CLN September, 2023

Filed under: Polygraphs, Probation, Parole & Supervised Release, Polygraph Evidence/Testing, Penalty for Going to Trial

Fourth Circuit Denies Defendant Faced ‘Classic Penalty Situation’ During Polygraph Questioning While on Supervised Release by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the Fourth Circuit upheld the denial of a defendant’s suppression motion where he failed to invoke his Fifth Amendment protections while on …

Hines v. Johnson, NC, Settlement,Illegal Arrest and Seizure, 2023

Brief • August 10, 2023

Filed under: False Arrest, Search and Seizure, Privacy Act/Rights, Seizure

Hines v. Johnson, NC, Settlement,Illegal Arrest and Seizure, 2023 SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT (hereinafter referred to as the “Agreement”), made and entered into by and between Aris Hines and Brandi Thomason (hereinafter collectively referred to as “Plaintiffs”) and Terry S. Johnson, Randy Jones, and NGM Insurance Company (hereinafter referred …

News in Brief

Article • June 15, 2023 • from CLN July, 2023

Filed under: News in Brief

News in Brief by California: A former police officer with the LAPD, Paul Razo, 46, was arrested in early May 2023, accused of sexually assaulting at least four minor boys over the course of more than a decade. Weeks after his arrest, Razo died of medical complications while in custody. …

Fourth Circuit Declines to Enforce Appeal Waiver and Procedural Default Excused by ‘Cause and Actual Prejudice,’ Reverses Denial of § 2255 Motion to Vacate § 924(c) Conviction Based on Hobbs Act Consp...

Article • June 15, 2023 • from CLN July, 2023

Filed under: Wrongful Conviction, Appeals/Appellate Jurisdiction, Cause and Prejudice, Hobbs Act

Fourth Circuit Declines to Enforce Appeal Waiver and Procedural Default Excused by ‘Cause and Actual Prejudice,’ Reverses Denial of § 2255 Motion to Vacate § 924(c) Conviction Based on Hobbs Act Conspiracy by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit declined to enforce …

Fourth Circuit Holds Ineligibility for First Step Act Safety Valve Relief Requires Proof of All Three Listed Criminal History Characteristics Satisfied, Widening Circuit Split

Article • June 15, 2023 • from CLN July, 2023

Filed under: First Step Act, Guideline Amendment/Variances and Retroactivity

Fourth Circuit Holds Ineligibility for First Step Act Safety Valve Relief Requires Proof of All Three Listed Criminal History Characteristics Satisfied, Widening Circuit Split by David Reutter by David M. Reutter The U.S. Court of Appeals for the Fourth Circuit held that the plain text of 18 U.S.C. § 3553(f)(1) …

Glynn County Sheriff's Office and Pay Tel Communications, Lnc. Contract, 2023

Publication • June 13, 2023

Filed under: Video Visitation

Glynn County Sheriff's Office and Pay Tel Communications, Lnc. Contract, 2023 CONTRACT ADDENDUM BETWEEN THE GLYNN COUNTY SHERIFF'S OFFICE AND PAY TEL COMMUNICATIONS, INC. Pursuant to the contract for telephone services by and between the Glynn County Sheriffs Office and Pay Tel Commun ications. Inc. executed on August 15. 2014. …