6 results for 'judge:"Motz"'.
J. Motz finds the lower court properly convicted a group of gang members accused of racketeering conspiracy, murder, attempted murder and related crimes. The gang members contend that neither violent crimes in aid of racketeering (VICAR) attempted murder based on Virginia attempted murder nor VICAR attempted assault with a dangerous weapon based on Virginia unlawful wounding constitute valid predicates for crimes of violence. Even an attempt is a crime of violence if the completed offense invariably requires the use of physical force. Affirmed.
Court: 4th Circuit, Judge: Motz, Filed On: April 16, 2024, Case #: 21-4231, Categories: Murder, Racketeering, Gangs
J. Motz finds the lower court improperly denied the Ghanaian's withholding of removal application. The Ghanaian faces deportation after being convicted of participating in a romance fraud scheme — in which members of the conspiracy made false romantic advances online to induce victims, many of whom were isolated or elderly, to send the conspirators money, who in turn sent the money to a militia in Africa. The lower court found that the amount of loss, the length of the scheme, and its effects on multiple vulnerable victims demonstrated that his crime was particularly serious. Because he was only a middleman between the fraudsters and their Ghanaian allies, he did not present a danger to the community and did not commit a serious enough crime to be barred from relief. Reversed.
Court: 4th Circuit, Judge: Motz, Filed On: March 15, 2024, Case #: 23-1281, Categories: Fraud, Immigration, Elder Abuse
J. Motz finds the lower court properly sentenced the defendant for crimes related to his production and possession of child pornography. The defendant filmed multiple minor boys masturbating. The defendant argues web searches from his phone are irrelevant because they don't involve the victims of his child porn production. The web searches, including searches for "selfies boy masturbating," reveal his interest in depictions of minor boys masturbating, the same sort of conduct underlying the charged offenses. Affirmed.
Court: 4th Circuit, Judge: Motz, Filed On: March 12, 2024, Case #: 22-4322, Categories: Evidence, Child Victims, Child Pornography
J. Motz finds the lower court properly dismissed the town attorney's discrimination and interference claims. The attorney claims the town's elected officials during the Donald Trump presidency fostered a toxic environment in the town hall that worsened his anxiety, depression and high blood pressure. The attorney sent the mayor and his immediate supervisor a letter listing requested policy changes aimed at creating a healthier workplace but did not mention his health concerns. Merely labeling a list of suggestions an “accommodation request” is not enough to inform the employer that the employee is requesting workplace changes to address his disabilities, rather than other, unrelated issues. Affirmed.
Court: 4th Circuit, Judge: Motz, Filed On: January 2, 2024, Case #: 21-2261, Categories: Ada / Rehabilitation Act, Employment, Government
J. Motz finds the board improperly failed in not recognizing the nexus that the Pentecostal immigrant from El Salvador established between the persecution she suffered and her religion. MS-13 members sought her out and demanded that she assist them because of her position in, work for, and attendance at church; and then, because she refused to help them, they escalated their conduct to the persecution of her. Vacated.
Court: 4th Circuit, Judge: Motz, Filed On: July 13, 2023, Case #: 21-1381, Categories: Immigration
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J. Motz finds the lower court properly dismissed the student organization's free speech claims for lack of standing. There is no evidence that the university's bias response reporting team persecuted certain students for expressing unpopular opinions on Virginia Tech's campus. Affirmed.
Court: 4th Circuit, Judge: Motz, Filed On: May 31, 2023, Case #: 21-2061, Categories: Education, First Amendment