7 results for 'judge:"Floyd"'.
J. Floyd finds the Fourth Circuit lacks jurisdiction over the immigration appeal. The Yemen native was a member of the Yemeni Socialist Party, actively fought in Yemen’s civil war in 1994 where he was imprisoned. The U.S. Citizenship and Immigration Services denied his application for asylum status on terrorism grounds. Congress provides that court have no jurisdiction over decisions the authority for which is specified to be in the discretion of the Attorney General.
Court: 4th Circuit, Judge: Floyd, Filed On: April 3, 2024, Case #: 21-2010, Categories: Immigration, Agency, Jurisdiction
J. Floyd finds the lower court improperly opted not to lower the defendant's sentence under the First Step Act. The court originally sentenced the defendant in 1996 to two concurrent terms of life imprisonment on a continuing criminal conspiracy count and a federal crack cocaine offense. The defendant is worthy of a time education because he has displayed good conduct, is unlikely to commit crimes, spent half his life in prison and other co-defendants have received sentence reductions. Vacated.
Court: 4th Circuit, Judge: Floyd, Filed On: March 20, 2024, Case #: 22-6748, Categories: Drug Offender, Sentencing, Conspiracy
J. Floyd finds a lower court properly dismissed a timber frame company's patent infringement claims against a construction company. The timber frame manufacturer argued that it was the owner of a licensed patent owner of certain construction photographs. However, the construction company sufficiently showed in court that an actual patent had not been established or properly dated. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Floyd, Filed On: February 27, 2024, Case #: CA-2023-1496, Categories: Construction, Patent
[Consolidated.] J. Floyd finds the lower court improperly sentenced one of the gang member for two murder charges stemming from the same murder, where the gang members shot and killed a rival as he left the laundromat. However, two life sentences for the other gang member are supported by the record. Vacated in part.
Court: 4th Circuit, Judge: Floyd, Filed On: January 10, 2024, Case #: 16-4844, Categories: Murder, Double Jeopardy, Gangs
J. Floyd finds the lower court properly denied the scammer's motion to vacate the over $160 million restitution ordered. The vice president of the company that perpetrated a country-wide “scareware” scam that tricked more than one million Americans into purchasing unnecessary software to fix computer issues that did not exist argued that the new precedent meant plaintiffs could only receive injunctive relief for these particular scams rather than equitable monetary relief. The monetary judgment is not void because, at the time of judgment, an arguable basis existed for the monetary remedy given that other circuits uniformly permitted such a remedy under that provision. Affirmed.
Court: 4th Circuit, Judge: Floyd, Filed On: July 19, 2023, Case #: 22-2078, Categories: Fraud, Remedies, Trade
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Floyd finds the lower court improperly denied a cook's application for disability benefits. It is not the cook's fault, who suffers from back pain, that his medical records are sparse as he has not had insurance and therefore couldn't afford frequent visits for medical attention. Reversed.
Court: 4th Circuit, Judge: Floyd, Filed On: June 7, 2023, Case #: 21-2421, Categories: Employment, Insurance, Social Security