Criminal Law

No Evidence of Lack of Permit Means Stop Violates Fourth Amendment

Posted on October 14, 2020
  US v. Feliciana:Feliciana was driving a bakery delivery truck down the George Washington Memorial Parkway (in Virginia, but a federal enclave) when he was pulled over by a Park Police officer. His offense? The officer knew that commercial vehicles requires a permit to operate on the parkway and Feliciana?s truck appeared to be one...

Court Affirms Juvenile Life Sentence After Resentencing

Posted on October 14, 2020
  US v. McCain:McCain, who was then 17 years old, shot a pair of what he believed were cooperators in the investigation of the drug operation of which McCain was a part. One of them died, the other lived ?but with permanent and disabling injuries? (McCain ran out of bullets, so he ran off and returned with a knife, only to find a crowd gathered at the shooting site)...

Cannot Challenge Legality of SR Condition Collaterally Without Changed Circumstances

Posted on September 01, 2020
US v. McLeod: McLeod pleaded guilty to aggravated identity theft and interstate travel for purposes of prostitution in 2013. At his guilty plea hearing, the Government mentioned that the prostitution charge may require McLeod to register as a sex offender, but the district court did not elaborate...

Parts of Anti-Riot Act Unconstitutional, but Severable; Convictions Affirmed

Posted on September 01, 2020
US v. Miselis: Miselis and his codefendant were part of a ?local white supremacist group? in California dedicated to going to political rallies ?at which its members engaged in violate attacks on counter-protestors.? As particularly relevant to this case...

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Rehaif Error in Indictment, Jury Instructions Is Plain Error Requiring Reversal

Posted on September 01, 2020
US v. Medley: Medley was convicted at trial in 2017 with being a felon in possession of a firearm. While his appeal was pending, the Supreme Court decided Rehaif, which held that to prove that offense the Government must show not only that the defendant was of a certain restricted status, but that the defendant was aware of that fact...

Virginia Controlled Substance Conviction Is ?Controlled Substance Offense,? Even If State Statute Is Broader Than Federal

Posted on August 31, 2020
US v. Ward:Ward was convicted of distributing cocaine and classified as a career offender. The basis for that designation was two prior convictions in Virginia for possession of heroin with intent to distribute. The district court rejected Ward?s argument that because the Virginia statute at issue defined ?controlled substances? more broadly than federal law his prior convictions could not be ?controlled substance offenses...

Flawed Rule 29 Analysis Requires Reversal of Post-Trial Judgment of Acquittal

Posted on August 31, 2020
US v. Millender: Millender and his wife, Brenda, were each charged with dozens of counts of fraud, money laundering, and conspiracy arising from their operation of a pair of investment schemes related to the church where Millender was a pastor. A coconspirator pleaded guilty, but Millender and Brenda went to trial, where he was convicted on all 31 counts and she was convicted on seven (of 24 charged)...

Second Post-Miranda Interview, After Initial Interview Without Warnings, Not a Violation

Posted on August 31, 2020
US v. Khweis: Khweis, an American citizen, was captured by Kurdish forces battling ISIS and taken to a detention center in Iraq. There an FBI agent questioned Khweis ?to gather intelligence about ISIS,? but did not provide him with Miranda warnings. Ten days later, a separate team of FBI agents did a series of interviews with Khweis, advising him of his Miranda rights ?before each interview...

Warrant Sufficiently Particular to Allow Search that Uncovered CP

Posted on August 31, 2020
US v. Cobb:Cobb was living with his parents and cousin, Wilson, when he and Wilson got into a fight that left Wilson dead. After Cobb was arrested, he called his father and told him to move a laptop from his room and ?keep it safe,? that Wilson has ?previously used the computer to put some ?shit? on it? and asked that his father ?wipe down? or clean the computer...

ID of Authorizing Officer in Title III Affidavit Enough, Even Though Not In Orders

Posted on August 31, 2020
US v. Brunson:Brunson was charged with multiple offenses arising from a drug conspiracy in South Carolina. Much of the evidence leading to those charges, and presented at trial, came from a series of wiretaps authorized under Title III of the Omnibus Crime Control and Safe Streets Act of 1968...

Failure to Adequately Address Mitigation Arguments Requires Vacation

Posted on August 31, 2020
 US v. Webb:Webb was convicted on multiple drug-related charges after a jury trial. At sentencing, he faced a recommended Guideline sentence of life in prison. At sentencing, he argued for a lesser sentence, arguing both that he had begun to turn away from drugs and crime prior to his arrest and that other higher-ranking members of the conspiracy received lesser sentences...

Suspicionless Stop In Wake of Gunshots Violates Fourth Amendment

Posted on July 21, 2020
US v. Curry: One night four Richmond police officers were patrolling a neighborhood that ?had been the site of frequent gun violence,? including six shootings (two murders) in the past six months. They heard what sounded like a ?half dozen gunshots coming from the direction of a street called Walcott Place...

No Plain Error In Mandatory SR Revocation Due to Drug Possession

Posted on July 21, 2020
US v. Coston: Coston pleaded guilty to a drug charge in 2006 and had struggled with supervised release after serving his term of imprisonment. On his third supervised release term, after a series of personal tragedies, he returned to marijuana use and his probation officer ultimately sought to revoke him due to positive drug tests...

?In Connection With Another Felony Offense? Enhancement Vacated for Lack of Findings

Posted on July 21, 2020
US v. Bolden: Bolden was a guest at somebody else's home when he took a bad trip. He had "become paranoid after using drugs, placed two women in a 'bear hug,' and began shooting at shadows on the walls inside the home's rear bedroom." Police responded to reports of shots fired and Bolden was arrested...

Life Sentence Vacated Because District Court Didn?t Consider Mitigation

Posted on July 21, 2020
US v. Webb: Between 2003 and 2015 Webb was involved in a conspiracy to distribute cocaine (in crack and powder forms) in North Carolina. As a result he was charged with multiple offenses, including conspiracy and money laundering. He was convicted on several counts, including the conspiracy ones (involving drugs and money laundering) and was sentenced to life in prison...

NC B&E Is ACCA Violent Felony

Posted on July 01, 2020
US v. Dodge: Dodge pleaded guilty to being a felon in possession of a firearm. He argued that his prior conviction North Carolina for breaking and entering were not Armed Career Criminal predicates, arguing that because its definition of ?building? includes any structure designed to house ?property? (among other things) it was broader than the generic definition of burglary...

Stop of Man Walking Away from Bar Fight Doesn?t Violate Fourth Amendment

Posted on July 01, 2020
US v. Mitchell: Police received a 911 call late one night about a large fight that was happening in a bar?s parking lot just after closing time. There was a report of at least one injury, along with a report that someone in the bar had a gun. When police arrived one of the officers was told by a bystander that a black man wearing red pants had a gun and was walking down the street away from the bar...

Expert Testimony on Cause of Death OK In Death-Resulting Prosecution

Posted on July 01, 2020
US v. Campbell:  Campbell and his codefendants, including Washington, were charged with a large heroin-distribution conspiracy and ?related substantive-drug-distribution? offenses. One of those offenses charged Washington with distributing heroin that caused the death of a young woman...

Section 841(b)(1)(C) Conviction Is ?Covered Offense? Under First Step Act

Posted on July 01, 2020
US v. Woodson:In 2009, Woodson was convicted of a single count of distribution of an uncharged amount of crack cocaine and sentenced to 151 months as a career offender. After the passage of the First Step Act, Woodson moved for relief under the provisions that made the Fair Sentencing Act of 2010 retroactive...

Evidence of Uncharged Patients In Doc Drug Case Inadmissible

Posted on July 01, 2020
US v. Brizuela: Brizuela was a doctor in West Virginia who was charged with 21 counts of distributing controlled substances outside the bounds of medical practice, conspiracy, and 16 counts of illegal remuneration under the anti-kickback statute. At trial he was convicted of 15 counts of distribution, but acquitted on all other counts (the Government dismissed the conspiracy count)...

Guilty Plea Waives Sixth Amendment Speedy Trial Challenge

Posted on July 01, 2020
US v. Lozano: Lozano illegally reentered the country in 2011 and was charged with state crimes. While in custody he was also charged federally with illegal reentry. However, he was deported when his state case was concluded, without ever learning of the federal charges...

Government Can?t Waive First Closing Argument and Keep Rebuttal

Posted on July 01, 2020
US v Smith: Smith went to trial on two charges of possession of meth with intent to distribute arising from two separate incidents a month apart ? the first involved just a ?detectable? amount of meth, while the second charged more than 50 grams were involved...

Court Discusses Standard for Sealing Documents That Show Cooperation

Posted on July 01, 2020
US v. Doe:In 2012, Doe was convicted of a drug conspiracy. At sentencing, he received a downward departure based on a substantial assistance motion from the Government (apparently an oral one). In 2016, Doe sought a reduced sentence under 18 USC 3582(c)(2) due to retroactive changes in the Guidelines...

Restricted Access to Any Sexual Material OK Due to Individual Assessment of Defendant

Posted on June 09, 2020
US v. Van Donk: Van Donk was on supervised release arising from a conviction for possession of child pornography. Through several violations and revocations he had always been required to participate in sex offender counseling and avoiding various forms of sexually explicit material...

Special SR Conditions Must Be Imposed at Sentencing Hearing

Posted on June 09, 2020
US v. Rogers: Rogers was on supervised release when he was convicted of state charges involving drugs. At the revocation hearing, the district court imposed a sentence of 24 months in prison, plus an additional term of supervised release. It did not mention anything about conditions of supervised release...

Sex Offense by Registered Sex Offender Is Offense, Not Sentencing Enhancement

Posted on May 04, 2020
US v. Beck:Beck, already a registered sex offender, was charged with multiple counts arising from the abuse of a minor, including the production of child pornography and doing so while required to register as a sex offender. Beck pleaded guilty to both charges (others were dropped) and was told that the district court was required to imposed the 10-year mandatory sentence on the sex offender count consecutively to whatever sentence was imposed on the production count...

No Need to Specify Evidence Upon Which Supervised Release Revocation Is Based

Posted on May 04, 2020
US v. Patterson:Patterson was in a local jail while also serving a term of supervised release when his cellmate overdosed and was taken to the hospital. Patterson was eventually charged with violating his conditions of supervised release by possessing heroin and Xanax with intent to distribute as a result of that incident...

One to watch

Posted on March 18, 2011
On Wednesday, March 23, 2011, the Fourth Circuit will hear argument in the case, US v. Maurice Williams, No. 10-4368, considering whether the district court erred in imposing the mandatory minimum term on crack cocaine in light of the FSA and a 5-year consecutive term on a Sect...

The case for changing your email password

Posted on March 10, 2011
United States v. Blauvelt: Blauvelt appealed from his convictions for possession and production of child porn, as well as possession of cocaine and two counts of distributing controlled substances to minors. Blauvelt received a 293-month sentence. The Fourth Circuit affirmed, with the Honorable Sandra Day O'Connor sitting by designation as an Associate Justice...

Convictions affirmed, Circuit split joined

Posted on March 09, 2011
US v. Halstead: Halstead was convicted of healthcare fraud and conspiring to launder money, and he received a sentence of 151 months. After his direct appeals failed, Halstead filed a petition for the collateral review of his convictions, attempting to vacate the money laundering conviction...

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