Criminal Law

16-Level Enhancement Requires Actual Trafficking in Prior Offense

Posted on November 10, 2009
US v. Maroquin-Bran: Maroquin-Bran was deported following a 1989 conviction in California for "the crime of SALE OR TRANSPORTATION OF MARIJUANA" (yelling in original statute). He reentered the country illegally in 2002 and was charged with illegal reentry in 2007...

Consideration of Uncharged Conduct at Sentecing OK

Posted on November 09, 2009
US v. Grubbs: Grubbs pleaded guilty to six counts of transporting a minor with intent to engage in sexual activity and six counts of travelling interstate to engage in sexual activity with a minor. Those charges involved two victims. In the PSR, the probation officer set forth allegations from nine other victims of similar conduct by Grubbs in the past...

Forced Medication Requries Clear and Convincing Evidence

Posted on October 30, 2009
US v. Bush: Barbara Bush (no, not that one) was charged with two counts of threatening a federal judge. She suffers from "Delusional Disorder, Persecutory Type," which manifests itself in "extreme litigiousness" - she filed more than 100 civil suits since 1995, one of which exploded into this case...

Sex-Related SR Conditions Vacated in Threats Case

Posted on October 20, 2009
US v. Armel: Armel called a local FBI office in Virginia, claiming that the Bureau tried to kill him and owed him money. He called back shortly thereafter and claimed that if he didn't get "paid" the people in the office were "gonna' lose you're [sic] genitalia," that "God promised me he would curse you," and that if "[y]ou come and try to pull on me ...

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Good Faith Saves Search Based on Anticipatory Warrant

Posted on August 18, 2009
US v. Andrews: Andrews was convicted of being a felon in possession of a firearm after officers recovered a gun during the search of his home pursuant to a warrant. The warrant was issued after a package was intercepted at the local FedEx depot that contained marijuana...

Jurisdiction Proper in North Carolina to Prosecute Assault in Afghanistan

Posted on August 18, 2009
US v. Passaro: This case arises from an "interrogation" Passaro, a former special forces medic (apparently a civilian contractor at the time of the incident), inflicted upon an Afghan detainee at a small US base in Afghanistan in 2003. The interrogation consisted mostly of beating and kicking (the suspect died shortly thereafter), which led to Passaro being charged and convicted of assault with a deadly weapon and assault resulting in serious bodily injury (two counts of each) and being sentenced to a 100-month term of imprisonment...

DC Use of Presumption of Reasonableness Requires Resentencing

Posted on August 18, 2009
US v. Raby: Raby pleaded guilty to possession of child porn and faced a Guideline range of 210-262 months. Over the course of several sentencing hearings, during which Raby argued for a variance and the Government sang from the Guideline hymnal, the district court judge repeatedly stated that he didn't see how he could impose anything other than a Guideline sentence without getting reversed on appeal...

Maker of Fake Money Not Necessarily a "Leader" of Operation

Posted on July 22, 2009
US v. Cameron: Cameron was caught trying to pass a counterfeit $20 bill at a store in Dunbar. Police who responded secured a second fake $20 and an admission from Cameron that he intended to pass it. Searches of Cameron's grandmother's home and his sister's home follow, uncovering various implements and equipment that could be used for making counterfeit bills...

Failure to Give Justification Defense Requires Reversal of Felon-in-Possession Conviction

Posted on July 21, 2009
US v. Ricks: Ricks's partner, Blue, returned to their home after several days absence, acting strangely. Ricks noticed that Blue had a gun in his hand, so Ricks pinned him against the wall and knocked the gun out of his hand. Ricks then picked up the gun, removed the clip, and tossed the gun and clip away in opposite directions...

Conspiracy Is "Violent Felony" Under ACCA

Posted on July 07, 2009
US v. White: White was convicted of being a felon in possession of a firearm and was sentenced as an Armed Career Criminal. The only issue on appeal was whether one of White's priors - a North Carolina conviction for conspiracy to commit robbery with a dangerous weapon - qualifies as a "violent felony" for ACCA purposes...

Carjacking Conviction Affirmed Over Numerous Objections

Posted on July 07, 2009
US v. Blake: Blake and Tolbert were involved in a carjacking in Maryland, during which the driver of the car was shot in the head, run over, and killed. Tolbert was arrested shortly thereafter and gave a statement basically admitting to being part of the process but putting the gun in Blake's hand and the ideas in Blake's head...

Court Rejects Numerous Challenges to SORNA Conviction

Posted on June 19, 2009
US v. Gould: Gould was convicted of a sex offense in DC in 1985. After his release he moved several times in the states surrounding the District. He finally settled in Maryland in August 2006. He did not register as a sex offender, as required by state law...

Court Affirms Drug, Gun Convictions Against Multiple Claims of Error

Posted on June 18, 2009
US v. Jeffers: Jeffers was involved with crack distribution in western Virginia. After a three-day trial, he was convicted of conspiracy to distribute 50 grams or more of crack and carrying a firearm in connection with that offense. He was sentenced to a total of 302 months in prison...

Evidence Not Sufficient for Enhanced Statutory Drug Penalties

Posted on June 08, 2009
US v. Kellam: Kellam and his codefendant were convicted on multiple drug counts and, on appeal, each alleged multiple errors at trial. Although the Fourth Circuit affirmed their convictions, the court vacated Kellam's life sentence. That sentence was imposed after the Government filed an information under 21 USC 851 alleging Kellam had prior convictions that made her eligible for an enhanced sentence...

No Mistake of Age Defense for Child Porn Manufacture

Posted on June 03, 2009
US v. Malloy: Malloy and a friend twice had sex with a 14-year old girl, one of the times being videotaped by Malloy. He was charged and convicted of sexual exploitation of a minor for the purpose of producing a visual depiction and sentenced to the mandatory minimum sentence of 180 months...

Indicment for Conspiracy Must Define Elements of Underlying Offense

Posted on June 03, 2009
US v. Kingrea: This case arose from a raid on a cockfighting venue in Virginia. Kingrea was there as a vendor of equipment and materials used in the fighting, but did not have an animal involved in the fighting. He was charged with conspiracy to sponsor or exhibit and animal fighting venture and illegal gambling business, conspiracy to sell animal fighting equipment, aiding and abetting the animal fighting operation, and conducing an illegal gambling business...

"Best Evidence" Explained

Posted on June 03, 2009
US v. Smith: Smith was charged with (among other things) being a felon in possession of firearms and possessing firearms in connection with a drug trafficking offense. At trial, the Government presented testimony from an ATF agent who explained that all the firearms were manufactured out of state (and therefore traveled in interstate commerce), based upon his review of ATF databases and written reference materials...

Non-Governmental Interception of Phone Calls Requires Suppression

Posted on May 20, 2009
US v. Crabtree: Crabtree was on supervised release, living with his girlfriend. When she became suspicious about Crabtree's relationship with his ex-wife, she began taping his phone calls. Among other things, the calls showed Crabtree threatened to burn down the ex's home and truck (I assume - it's difficult to say whether the threat was to the ex or the girlfriend, from the way the opinion is written) and set up a third party to be arrested...

Gun On Person Possessed "In Connection With" Simple Possession Felony

Posted on May 20, 2009
US v. Jenkins: Jenkins (aka "Big Tim") was confronted by Charleston, South Carolina, police, while carrying a firearm. After he was arrested, officers noticed "a white rock-like substance between his fingers, later identified as .29 gram[] of cocaine base" while processing him...

Disqualification of Counsel Did Not Vioalte Sixth Amendment; Court May Hear Appeals Filed Outside 10-Day Window

Posted on May 11, 2009
US v. Urutyan: Urutyan was convicted of fraud, conspiracy, and aggravated identity theft, based on a scheme to collect PINs from an ATM at a convenience store where he (and other conspirators) worked. Once they had the numbers, the conspirators withdrew about $600,000 from various accounts and wired the money to Russia and Armenia...

Plain Error Sinks Unknowing ACCA Plea

Posted on April 30, 2009
US v. Massenburg: Massenburg pleaded guilty to being a felon in possession of a firearm. Prior to sentencing, the probation officer concluded that he was an armed career criminal. At sentencing, Massenburg objected on Apprendi/Blakely grounds and also that the prior offenses were all part of the same course of conduct and should be counted as only one qualifying prior conviction...

Limited Consent to Search Means Limited Consent

Posted on April 30, 2009
US v. Neely: Neely was pulled over late at night in Charlotte, NC, after leaving a parking lot in a high crime area without turning his lights on. After the officer received a valid license and registration, he gave Neely a verbal warning about the lights...

District Court Must Explain Why Sentence Is Appropriate to Specific Case

Posted on April 28, 2009
US v. Carter: Carter assisted some friends of his in their licensed firearm sales business. Unfortunately, they were selling short-barrelled rifles at gun shows, which led to an ATF investigation. As part of that investigation, Carter's home was searched and it was learned he was a convicted felon...

Use of Peer-to-Peer Network Triggers Child Porn Distribution Ehancement

Posted on April 28, 2009
US v. Layton: An informant told cops they say Layton looking at child porn on his computer. Cops went to investigate and questioned Layton, who gave a statement admitting to downloading porn, that there were a few thousand images on his computer, and that he used a peer-to-peer software called WinMX...

Defendant "Found" By ICE Detainer After State Arrest

Posted on April 02, 2009
US v. Sosa-Carabantes: Sosa-Carabantes was arrested on state charges in North Carolina after illegally reentering the United States. While in state custody, ICE placed a detainer on him via a local officer who had been certified to screen state arrestees for immigration violations...

Notice Required For Trespass Conviction

Posted on April 02, 2009
US v. Madrigal-Valadez: Madrigal-Valadez was convicted after a bench trial of entering a military installation, Fort Lee in Virginia, for a purpose prohibited by law. That purpose, allegedly, was being an alien in the United States illegally. The conviction arose from an incident in which Madrigal-Valadez drove a soldier back to Fort Lee...

Court Affirms Conviction, Death Sentence, Arising from Multi-State Spree

Posted on April 02, 2009
US v. Basham: Basham, along with a co-defendant, escaped from jail in Kentucky and embarked on a multi-state crime spree that stretched from Indiana to South Carolina. Along the way, the two kidnapped one man in Kentucky, who managed to escape, and two women in West Virginia and South Carolina, who were never seen again...

New DNA Evidence Allows Plea Withdrawal

Posted on April 02, 2009
US v. Thompson-Riviere: Thompson-Riviere pleaded guilty to being an alien who illegally reentered under 8 USC 1326(b)(4) after being deported to his native Panama. He was born in the Canal Zone in 1965. After entering the plea, however, he learned from a newly discovered relative that his actual father was an American citizen...

Search, Conviction Upheld, Sentence Vacated in Drugs/Guns Case

Posted on April 02, 2009
US v. Perry: Perry was convicted on drug and gun charges following both a search of his home and a series of controlled buys. Perry unsuccessfully sought to suppress marijuana and firearms found during the search as well as incriminating statements made that day...

Court Reverses SORNA Convictions

Posted on March 16, 2009
US v. Hatcher: This case was a consolidated appeal of several cases where the defendants were convicted of violating the Sex Offender Registration and Treatment Act ("SORNA") by travelling interstate without properly updating their registrations as sex offenders...

Divided Court Affirms Stat Max Sentence for Robbery

Posted on March 16, 2009
US v. Heath: Heath pleaded guilty to interference with commerce by robbery and being a felon in possession of a firearm. The facts underlying the conviction included the robbery of a convenience store and a burglary during which Heath stole 10 shotguns and rifles...

Alien Using Alias Not "Found" While In State Custody

Posted on March 09, 2009
US v. Uribe-Rios: Uribe-Rios was convicted of illegal reentry following deportation. After his reentry, he was arrested and convicted, under an alias, in North Carolina state court on drug charges in 2001. While serving his state sentencing, ICE lodged a detainer with NC authorities under the alias's name...

Applicable 3582 "Sentencing Range" Is Pre-Departure

Posted on February 23, 2009
US v. Donnell: This another retroactive crack case. To be eligible to receive a reduced sentence under 3582(c)(2), a defendant's sentence must be "based on" a sentencing range that was subsequently lowered by the Sentencing Commission. The issue in the pair of cases consolidated here was whether, in situations where the offense level but not the sentencing range changes (because the offense level is so high) and the defendants received a substantial assistance departure at sentencing, are the defendants eligible for a reduced sentence? The district courts said no...

No 3582 Reduction in Statutory Departure Cases

Posted on February 23, 2009
US v. Hood: This is another case dealing with issues arising from the retroactive application of the amended crack Guidelines. In this case, actually two consolidated cases, the defendants were subject to mandatory minimum sentences of at least 240 months in prison, but received significantly shorter sentences (100 and 108 months) after providing substantial assistance...

Court Affirmed "3 Strikes" Sentence

Posted on February 23, 2009
US v. Thompson: Thompson was convicted of bank robbery and sentenced to life in prison under the "three strikes" law, 18 USC 3559(c). The "strikes" in question are convictions for a "serious violent felony." If the defendant has two prior "strikes" and the current conviction is a "serious violent felony," a life sentence is mandatory...

Non-Forcible Statutory Rape Not "Violent Felony" Under ACCA

Posted on February 04, 2009
US v. Thornton: Thornton was convicted of being a felon in possession of a firearm and body armor and sentenced under the Armed Career Criminal Act. At his initial sentencing, the district court identified four qualifying prior convictions. On remand from the Fourth Circuit, the district court concluded that two of those convictions were not "separate" offenses and that Thornton therefore had three qualifying prior convictions...

NC Felony Stalking = "Crime of Violence" Under USSG 4B1.2(a)

Posted on February 02, 2009
US v. Seay: Seay was convicted of being a felon in possession of a firearm and sentenced to 96 months in prison. On appeal, he argued that the district court made two errors at sentencing and argued that his sentence was unreasonable. The Fourth Circuit concluded otherwise and affirmed...

Court Affirms Conviction of Former VRS Member

Posted on February 02, 2009
US v. Vidacak: Vidacak was convicted on four counts of making false statements in immigration applications. The basis for the charges was Vidacak's failure to disclose/admit that he had been a member of the VRS (Army of the Republika Srpska) during the Bosnian Civil War...

Court Affirms Adult Prosecution of Juvenile in RICO Case

Posted on February 02, 2009
US v. Juvenile Male: This is an interlocutory appeal involving a juvenile defendant who was 17 when charged. He was later transferred to adult prosecution. The defendant appealed that transfer, on various grounds. He was initially charged by information with conspiring to participate in a racketeering enterprise, based on his alleged involvement with a gang called MS-13...

Court Sidesteps Guideline Ex Post Facto Issue

Posted on January 20, 2009
US v. Myers: Myers pleaded guilty to being a felon in possession of a firearm. The firearm at issue was one that had been listed in 18 USC 921(a)(30) as part of the assault weapons ban that lapsed in 2004. Applying the 2006 version of the Sentencing Guidelines (which were in effect at sentencing), the district court enhanced Myers's sentence six levels because the firearm was capable of accepting a large capacity magazine...

Failure to Impose Fine Not Clear Error

Posted on January 20, 2009
US v. Fields: In 2006, Fields was initially sentenced to a term of 12 months in prison (following a conviction for making a false loan application) and a $2000 fine, in spite of the district court concluding that Fields did not have the ability to pay a fine...

Court OKs Warrantless Cell Phone Search, Auto Inventory Search

Posted on January 20, 2009
US v. Murphy: Murphy was convicted of conspiracy to distribute narcotics. The evidence against him consisted largely of items found following a traffic stop of a car in which Murphy (and two others) were riding. Murphy sought to have two pieces of evidence suppressed - information taken from his cell phone and more than $14,000 in cash recovered from a bag in the car's trunk...

Appeal Waiver Precludes Booker Relief

Posted on January 13, 2009
US v. Linder: A cautionary tale on the long arm of appeal waivers. Linder pleaded guilty to a drug charge with a plea agreement that included a waiver of any appellate rights. The guilty plea was entered before Blakely, but sentencing was delayed until the Fourth had incorrectly concluded that Blakely didn't apply to the Guidelines...

No Fourth Amendment Protection from Video Surveillance in Open Fields

Posted on January 12, 2009
US v. Vankesteren: Fourth Amendment cases come with the oddest sets of facts. Vankesteren was charged and convicted of taking or possessing a migratory bird without a permit. Part of the evidence against him came from surveillance cameras set up to record action on Vankesteren's land where a trap was set...

Convictions (on Fourth Attempt) Don't Violate Double Jeopardy

Posted on January 12, 2009
US v. Hall: Hall and his codefendant, Handy, were repeatedly prosecuted by the Government for their roles in a complex drug trafficking scheme. Twice they were tried in the District of Columbia, but the jury either acquitted or hung on the charges and mistrials were declared...

Post-Sentence Confinement Statute Struck Down

Posted on January 12, 2009
US v. Comstock: This was a challenge to 18 USC 4248, a portion of the Adam Walsh Act that allows the Government to commit someone indefinitely who is a "sexually dangerous" person prior to the expiration of a federal criminal sentence. Comstock and the other defendants in this consolidated case had all been detained past the end of their criminal sentence under the law...

No Variances in 3582(c)(2) Proceedings

Posted on January 08, 2009
US v. Dunphy: Dunphy pleaded guilty to possession with intent to distribute in 2003 and was sentenced to 135 months in prison, the bottom of the Guideline range. After the 2007 crack amendments to the Guidelines were made retroactive, she sought a reduction in her sentence under 18 USC 3582(c)(2)...

Request for Money + Metion of Gun = Bank Robbery

Posted on January 08, 2009
US v. Ketchum: Ketchum walked into a North Carolina bank and handed a teller a note which read "[t]hese people are making me do this." He then told the teller that "[t]hey are forcing me and have a gun. Please don't call the cops. I must have at least $500...

Recommended Sentence in Plea Agreement Doesn't Prevent Reduction

Posted on January 08, 2009
US v. Dews: This is the first of two recent cases dealing with issues arising from the retroactive application of the amended crack Guidelines. In this case (actually a pair of consolidated cases), the defendants both pleaded guilty via a plea agreement under FRCrP 11(e)(1)(C)...

Begay Trumps James

Posted on January 08, 2009
US v. Roseboro: Remember US v. James from 2003, in which the Fourth concluded that a conviction in South Carolina for "failing to stop for a blue light" was a "violent felony" under the ACCA? In this case, the court jettisons James in the wake of the Supreme Court's Begay decision and comes to the opposite conclusion...

Court Rejects First Amendment Challenges to Child Related Obscenity Charges

Posted on December 23, 2008
US v. Whorley: Whorley was charged with a whole boatload of obscenity and child pornography charges after his receipt of that material was discovered on a publically accessible computer. Specifically, he was charged with 20 counts of receiving obscene Japanese cartoons depicting children; 20 counts of doing so after having been previously convicted of possessing child pornography; 15 counts of possession of child pornography (based on photographs); and 20 counts of sending or receiving obscene Emails describing children in interstate commerce...

Arrestee's Information Reliable Enough to Supprt Arrest

Posted on December 23, 2008
US v. White: A gentleman named Ali arrived in Charleston, West Virginia, and was arrested for possession of crack. He cooperated with investigators and agreed to set up a controlled purchase of cocaine from White later the same day. Ali set up the deal on the phone (while investigators watched) and said that White agreed to sell him nine ounces of cocaine at the Family Dollar parking lot...

Agent's Assertions Save Warrant Under Leon

Posted on December 05, 2008
US v. Williams Williams and a codefendant, Thomas, were charged with drug crimes. They moved to suppress evidence found at their residences pursuant to state search warrants procured by a DEA agent.In each case, the affidavit set forth in some detail the fruits of the investigation into Williams and Thomas, including details of controlled purchases, tips from CIs, etc...

District Judge = "Judicial Officer" for Bond Appeal (Who Knew?)

Posted on November 25, 2008
US v. Goforth: Goforth pleaded guilty to a drug offense carrying a maximum sentence of more than ten years in prison. He sought release pending sentencing from the district court, which concluded detention was mandatory under 18 USC 3143(a)(2). Specifically, the court concluded that it was not a "judicial officer"under 18 USC 3145(c) because that provision was limited to circuit courts...

Court Defines Scope of Search Warrant in Health Care Fraud Investigation

Posted on September 09, 2008
US v. Srivastava: Srivastava was a doctor under investigation for health care fraud. As part of that investigation, investigators obtained search warrants for Srivastava's two offices and his home. The warrant for his home was based on information that much of the billing paperwork was handled there...

Exigent Circumstances Justify Warrantless Entry

Posted on September 09, 2008
US v. Moses: Moses pleaded guilty to possession with intent to distribute more than five grams of crack and being a felon in possession of a firearm. The evidence against him was seized in two warrantless searches of homes. The police, operating on tips, set up a perimeter around the first home and began to surveil Moses...

Forced Medication OK'd as Supervised Release Term

Posted on September 09, 2008
US v. Holman: While Holman was incarcerated for drug offenses, he was diagnosed with a mental illness that required medication. Holman would regularly refused to take medication voluntarily, leading to him being administered intramuscular antipsychotic meds against his will...

Speedy Trial Violations Doom Pot Prosecution

Posted on August 20, 2008
US v. Henry: The Henrys (husband and wife) were indicted on multiple charges related to growing marijuana on November 3, 2004. A trial date was originally set on July 7, 2005, but both parties requested a continuance, noting that the Henrys had already prospectively waived their speedy trial rights...

Court Reversed Decision Excluding Old Fraud Evidence

Posted on August 19, 2008
US v. Siegel: Siegel was indicted on multiple counts of wire fraud and mail fraud, in addition to a count of murder to prevent the reporting of those offenses. The charges stem from the latest in a long line of (alleged) scams Siegel perpetrated against family, friends, and strangers...

Court Affirms Conviction, Life Sentence, for Crack Possession

Posted on August 19, 2008
US v. Farrior: Farrior was involved in two car searches that uncovered crack cocaine. The first was the result of a traffic stop for an inoperable tag light. After Farrior was given a verbal warning, the officer who pulled him over asked if he would step out of the car and talk...

Rape Via Lack of Consent Is "Forcible Sex Offense"

Posted on July 22, 2008
US v. Chacon: Chacon is a Honduran citizen who entered the US illegally and was deported following a conviction in Maryland for second-degree rape. Afterwards, Chacon again entered the country illegally, this time using false ID documents. He pleaded guilty to illegal reentry and fraud...

Gain From Criminal Activity Not Proper Measure for Restitution

Posted on July 22, 2008
US v. Harvey: Harvey and his codefendant, Kronstein, were convicted by a jury of honest services wire fraud and bribery. The convictions arose from an arrangement by which Harvey, a civilian military employee, funnelled a no-bid contract to a company owned by Kronstein...

Sentenced Imposed Without Guideline Affirmed as Not "Plainly Unreasonable"

Posted on July 01, 2008
US v. Finley: Finley was convicted under the Assimilative Crimes Act of 3rd offense DUI and driving on a revoked license on a military base. At sentencing, Finley argued that the district court should consider what the state (Virginia) sentencing guidelines for the offenses would be - 90 days to six months in jail (or 7-10 months, as conceded on appeal)...

Prior Offenses Stacked in Applying 2L1.2 Enhancement

Posted on July 01, 2008
US v. Martinez-Varela: Martinez-Varela pleaded guilty to illegal reentry following an aggravated felony. He had three prior convictions for distribution of drugs, all of which occurred and were sentenced on the same day. Each carried a 6-8 month sentence, but two were made consecutive, for a total sentence of 12-16 months...

Estoppel Not a Bar to False Statements Convictions

Posted on July 01, 2008
US v. Benkahla: This case is a third one dealing with terrorism related charges arising out of an Islamic center in Falls Church, Virginia (see the prior Chandia and Khan decisions for more detail). Benkahla was initially charged and acquitted in a bench trial of supplying services to the Taliban and using a firearm in connection therewith in 2004, after being arrested in Saudi Arabia in 2003 (related to the recent Abu Ali decision)...

Omissions from Warrant and Date Error Don't Require Suppression

Posted on June 17, 2008
US v. Gary: Gary was convicted (of what the opinion doesn't say) based at least partly on information developed during a search of a home in Richmond, based on an anonymous tip. The tipster alleged that "Melvin" was selling heroin out of the home. A police officer investigated, rummaging through the trash in the alley behind the home, discovering items with heroin residue, packaging materials, and discarded mail indicating that the trash came from the target address...

Big Terrorism Case Leads to Split on Sentencing Review

Posted on June 12, 2008
US v. Abu Ali: Ali is a US citizen, born in Virginia, who eventually travelled to Saudi Arabia, where he became involved with an Al-Qaeda cell. After a bombing in Riyadh (in which Ali was not involved), Saudi authorities cracked down. Investigation of Ali and others led to indictment in the US against Ali for various terrorism and related charges, in addition to conspiracy to assassinate the President...

Court Upholds 316% Upward Variance

Posted on June 02, 2008
US v. Evans: Evans committed a series of fraud and identity theft offenses, starting when he bought some personal information of Wachovia Bank account holders from a friend who worked at the bank. Eventually, he passed $13,600 in bad checks on the accounts of two individuals...

Court Affirms Kidnapping/Murder Conviction

Posted on May 20, 2008
US v. Lentz: Lentz was charged with kidnapping resulting in death stemming from the disappearance of his wife. The Govt theorized that Lentz lured his wife from her home in Virginia to his home in Maryland, where he then killed her.After trial, the district court granted Lentz's motion for a judgment of acquittal on the ground that the Govt failed to prove that Lentz "held" his wife for any period of time before killing her...

Court Upholds Terry Patdown in High-Crime Area

Posted on May 20, 2008
US v. Black: Black was walking home in a "high crime" area of Richmond when he passed a marked police car. An officer in the car engaged Black in conversation and became suspicious that Black might have a weapon in his pocket. When asked, Black took his left hand out of his coat pocket, but only after being asked twice...

Court Upholds Defendant-Initiated Post-IA Questioning Without Counsel

Posted on May 20, 2008
US v. Cain: Cain was arrested as part of a DEA sting. After his arrest, he told the DEA agents that he wanted to cooperate with them. The next day, Cain made an initial appearance, at which time he was determined to be eligible for court appointed counsel, although no specific attorney was appointed at that time...

Inidividual Liability Still Jury Found After Booker

Posted on May 20, 2008
US v. Brooks: Brooks and several codefendants, including Mathis, were charged with several drug counts, including conspiracy to distribute more than 500 grams of cocaine and 50 grams of crack. On appeal, Mathis and another codefendant argued that their convictions violated US v...

Retail Value of Bootlegs Based on Value of Legit Copies

Posted on May 13, 2008
US v. Armstead: Armstead was charged with and convicted of distribution of bootlegged DVDs (100 on one occasion, 200 on another) with "a total retail value of more than $2500." The only issue below and in the Fourth Circuit was how to make a proper measure of "retail value...

Defendant Entitled to Franks Hearing Due to Omitted Facts

Posted on May 13, 2008
US v. Tate: Tate was charged with being a felon in possession of a firearm. The gun came to light during a search of Tate's home based on a warrant obtained by a Baltimore police officer. As basis for obtaining the warrant, the officer told the state judge that he had searched through two of Tate's trash bags that were "easily accessible from the rear yard of" Tate's home and discovered marijuana residue...

Right to Counsel on Underlying Charges Not Violated by Witness Tampering Investigation

Posted on May 13, 2008
US v. Mir: Mir was an immigration lawyer who assisted employers in completing the necessary paperwork to sponsor aliens for work in the United States and to allow alien workers to become permanent US residents. The Government began an investigation of Mir and his law firm on suspicion that some of the forms he completed contained false information...

Magistrate Judges May Accept Guilty Pleas

Posted on May 02, 2008
US v. Benton: Benton was charged with conspiracy to distribute drugs. He reached a plea agreement with the Government, which included a provision allowing a magistrate judge to perform the Rule 11 plea hearing. That hearing took place and the magistrate judge accepted Benton's plea...

Court Affirms Second-Chance Variance

Posted on May 02, 2008
US v. Curry: Curry sold gold coins on eBay. Problem was, he "sold" coins which he never had in his possession. When the deals began to fall apart and jilted buyers complained, the FBI came calling. Curry was charged and convicted by a jury of multiple counts of mail fraud, wire fraud, and unlawful monetary transactions...

Cocaine Purchase for Personal Use Triggers 843(b) Liability

Posted on May 02, 2008
US v. Abuelhawa: A was charged and convicted of using a communication facility to facilitate a crime, the distribution of cocaine, in violation of 21 USC 843(b). The conviction was based on a two groups of phone calls between Abuelhawa and Said, from whom Abuelhawa purchased cocaine...

No Jury Finding on Drug Weight Doesn't Undermine Guilty Verdict

Posted on April 23, 2008
US v. Reid: Reid and his co-defendants were charged with (among other things), conspiracy to distribute more than 50 grams of crack and murder. Reid acted as a sort of middle man, purchasing powder cocaine for conversion into crack as well as amounts of crack that were then sold to street-level dealers...

Double Jeopardy No Bar to Arson, Mail Fraud, and Use of Fire Convictions

Posted on April 16, 2008
US v. Martin: Martin was the owner of an unsuccessful convenience store in Virginia. She was deep in debt, both the creditors and the commonwealth, and failed when she tried to sell the business. Unfortunately, at that point, she told others that she would "torch" the store "if she had the guts" and that "it's not going to be long and I'm not going to have to worry about any of it anyway...

Civil Arrest Does Not Start Speed Trial Clock

Posted on April 14, 2008
US v. Rodriguez-Amaya: Rodriguez-Amaya was deported in 1998 to El Salvador following a conviction in Virginia for sexual assault. He returned to the United States without permission and was arrested by ICE on May 17, 2005. On June 6, 2005, Rodriguez-Amaya's custody was transferred from ICE to Virginia, which sought to prosecute him for failure to register as a sex offender...

Court Defines "Abuse" in Sex Offnse/Immigration Context

Posted on April 14, 2008
US v. Diaz-Ibarra: Diaz-Ibarra was deported in 1995 following his conviction in Georgia for committing an "immoral or indecent act to or in the presence of a" minor. After returning to the United States without permission, Diaz-Ibarra pleaded guilty to illegal reentry following an aggravated felony...

Supreme Court's Decision in Lopez Applies at Sentencing

Posted on April 11, 2008
US v. Matamoros-Modesta: Matamoros-Modesta pleaded guilty to illegal reentry. At sentencing, it was determined that he had previously been deported following an "aggravated felony" conviction, in Texas, for possession of cocaine. As a result, his offense level doubled and he was sentenced to 37 months in prison...

Failure to Inform Defendant of Possible ACCA Impact Requires Vacation of Guilty Plea

Posted on April 08, 2008
US v. Hairston: Hairston was charged with 31 separate offenses, including 14 felon-in-possession charges and 8 924(c) charges. He entered into a plea agreement by which he pleaded guilty to two of the 924(c) charges, with the other six dismissed, and all the other offenses...

Court Rejects Diminished Capacity Argument, Touches on Crack Guideline Changes

Posted on March 21, 2008
US v. Brewer: Brewer pleaded guilty to distributing crack. Prior to sentencing, it was established that Brewer suffered from serious mental deficits, with a tested IQ as low as 59. At sentencing, he argued for a downward departure under USSG 5K2.13 for diminished capacity...

Aggravated ID Theft Requires Use of Specific Person's Information

Posted on March 12, 2008
US v. Mitchell: Mitchell undertook a scheme in which he bought merchandise with a fake ID using counterfeit checks and later returned the items for cash refunds. The name on the checks and the fake ID was "Marcus Jackson" who had a specific listed address...

Acquittal on Substantive Drug Charges Doesn't Bar Further Prosecution for Drug Conspiracy

Posted on March 12, 2008
US v. Yearwood: Yearwood was originally charged with conspiracy to distribute crack and distribution/aiding and abetting the distribution of crack. At his first trial, he was acquitted on the distribution charge and the jury hung on the conspiracy charge...

No Error Where Distrcict Court Doesn't Know Whether Guidelines Are Still Mandatory

Posted on February 27, 2008
US v. Go: Go was a gopher in a methamphetamine distribution conspiracy. For his role in the offense - mostly running errands related to the conspiracy in return for methamphetamine - he was convicted after a jury trial of conspiracy to distribute more than 50 grams of methamphetamine...

Court Affirms Drug & Gun Convictions

Posted on February 13, 2008
US v. Wallace: Wallace was convicted by a jury of several drug and gun offenses and sentenced to 248 months in prison. Wallace's activities came to light after local police were called to an apartment he shared to investigate a domestic disturbance. A maroon van with two men in it was seen leaving the apartment complex and later stopped...

Government Victory in Mann Act Appeals

Posted on February 13, 2008
US v. Singh: Singh and co-defendant Patel were managers of motels in Martinsburg, West Virginia. They became involved in a prostitution ring run by Susan Powell in which prostitutes recruited from West Virginia, Virginia, and Maryland would use rooms in Singh and Patel's motels to conduct their business...

Jury Trial Waiver Without Court Examination OK'd

Posted on February 05, 2008
US v. Boynes: Boynes was charged with drug and firearm offenses arising from "a cocaine deal that degenerated into a murder." Prior to trial, Boynes requested new counsel, alleging that the relationship with his initially appointed counsel had become "adversarial...

Court Affirms Involuntary Servitude Convictions Against Hearsay, Crawford Challenges

Posted on February 04, 2008
US v. Udeozor: Udeozor: and her (now former) husband helped a 14-year old Nigerian girl emigrate to the United States. They told her family that she would be enrolled in school, but she wasn't. In fact, she became basically an indentured servant, working for the family for five years without payment or any kind of compensation...

In-Store Movement During Roberry Supports Abduction Enhancement

Posted on January 30, 2008
US v. Osborne: Although the court sets out the facts in great detail, the short version is that Osborne robbed a Walgreen's pharmacy in Virginia. He was driven there, and presumably away, by a co-defendant, McCrae, which whom he discussed the robbery beforehand...

Office Experience Can Aid in Production of Reasonable Suspicion

Posted on January 28, 2008
US v. McCoy: McCoy & his girlfriend pulled into the parking lot of a grocery store in Loudon County, Virginia, that was under the surveillance of Loconti, an experienced narcotics officer. Loconti knew that a majority of drug deals in Loudon County took place in those kinds of parking lots...

Exigent Circumstances Don't Save Warrantless Search of Home

Posted on January 28, 2008
US v. Mowatt: Mowatt was at his apartment when police came and knocked on the door. The police were sent there after receiving complaints about loud music and the odor of marijuana. After they knocked, the officers heard someone moving around inside...

Findings Needed to Support 3A1.4 Terrorism Enhancement

Posted on January 24, 2008
US v. Chandia: Chandia was charged with conspiracy and a substantive count of providing material support to terrorists and conspiracy and substantive count of providing material support to a foreign terrorist organization. The charges arose from Chandia's ties to a group called Lashkar-e-Taiba (LET), with whom he attended a training camp in Pakistan...

Notice of Variance Must Prompt Parties to Make Arguments

Posted on January 18, 2008
US v. Fancher: Fancher was investigated by police after reports that he had sexually molested a nine-year-old girl. During the investigation, authorities uncovered numerous images of child pornography in Fancher's home. Fancher pleaded guilty to one count of possession of child porn...

Successive Habeas Rule Clarified

Posted on January 10, 2008
US v. Blackstock: Blackstock was convicted in 1993 and filed a request seeking discovery from the Government in 2001. The district court, without notifying Blackstock, treated that filing as a petition under 28 USC 2255, because it mentioned that Blackstock's conviction was no longer valid under Apprendi...

Anonymous Tip Not Sufficiently Corroborated to Support Stop

Posted on January 10, 2008
US v. Reaves: Reaves was stopped in his car on the basis of an anonymous tip that a drug deal had taken place. At the time of the stop, Reaves admitted that he had a gun and was subsequently charged with being a felon in possession of a firearm. He moved to suppress the gun, arguing that the tip wasn't sufficiently corroborated to provide a basis for the stop of his car...

Fourth Lays Out Post-Gall Procedures, Upholds Downward Variance

Posted on December 31, 2007
US v. Pauley: Pauley pleaded guilty to one count of possessing child pornography. The unusual facts of the case involve Pauley, a middle school (later high school) teacher, being approached by a female student who asked whether he was interested in paying her for nude pictures she took of herself...

"Custody" Doesn't Turn on Interogator's Assurance That Defendant Is Not In Custody

Posted on December 21, 2007
US v. Colonna: Colonna was convicted by a jury of two counts related to child pornography. The investigation of Colonna began with an FBI agent infiltrating an online file-sharing service dedicated to child porn, which led to the execution of a search warrant at Colonna's home (where he lived with his parents and sister)...

Court Joins Majority in Tax Loss Calculation Circuit Split

Posted on December 19, 2007
US v. Delfino: The Delfinos (husband and wife) ran several computer consulting businesses. The income generated by those businesses, rather than being taken directly by the Delfinos, was put into several trusts. Neither the Delfinos nor the trusts paid taxes on that income...

True Threats Can Extort State University

Posted on December 17, 2007
US v. Bly: Bly was a long-time doctoral student at the University of Virginia. After he was dropped from the program, he began to write letters and Emails to the UVa administration claiming that he had been treated unfairly and that his work had been plagiarized...

Factual Basis Insufficient to Sustain Guitly Plea

Posted on December 17, 2007
US v. Mastrapa: Mastrapa pleaded guilty to being part of a conspiracy to distribute 500 grams or more of methamphetamine. However, Mastrapa had consistently denied that he had any real part in the conspiracy and was nabbed with the meth while helping two strangers (the other co-conspirators) carry some grocery bags into their hotel room...

Court Addresses Prior Convictions in Travel With Intent Case

Posted on December 17, 2007
US v. Kelly: Kelly was a long-haul trucker who routinely hauled loads between North Carolina and the Midwest. He frequently stopped at a truck stop in Charleston, West Virginia, where he became associated with a prostitute named Carder. Over the course of several visits, Carder alleged that Kelly wanted her to procure a young girl with which he could have sex...

Plea Agreement Bars Subsequent Prosecutions

Posted on December 05, 2007
US v. Jordan: Jordan and co-defendant Gordon were convicted by a jury of conspiring to commit multiple drug, firearm, and murder offenses arising from the killing of a drug courier (the defendants "forcibly abducted [the victim], took him to another location, and set him on fire...

Hospital Questioning Not "Custodial"

Posted on December 05, 2007
US v. Jamison: Jamison was driven to the hospital by two friends. When he arrived, he told a police officer hanging around near the front door that he'd been shot. While he was being treated for his wound, Jamison was questioned by that officer regarding how he got shot...

South Carolina Youthful Offender Sentence Is "Serious Drug Offense" Under ACCA

Posted on November 16, 2007
US v. Williams: Williams pleaded guilty to being a felon in possession of a firearm. In the PSR, the probation officer recommended that Williams be treated as an Armed Career Criminal because of three prior qualifying convictions. Williams did not dispute the convictions, but argued that a prior South Carolina drug conviction, for which he was sentenced under the Youthful Offender Act, did not meet the definition of "serious drug offense" in the ACCA, because the maximum term to be served as a Youthful Offender is six years in prison...

Court Upholds Convictions, Sentences In Large Drug Conspiracy Case

Posted on November 15, 2007
US v. Foster: Foster, Moses, and Taylor were all involved in a massive conspiracy to sell drugs in West Baltimore (the statement of facts makes it sound exactly like something out of Homicide: Life on the Street or The Wire). The conspiracy lasted for three years and included multiple murders and a kidnapping...

Identity Evidence Suppressable

Posted on November 09, 2007
US v. Oscar-Torres: Oscar-Torres was arrested as part of a project to round up illegal immigrants who were also alleged gang members. It went like this:On July 22, 2005, ICE agents and Raleigh police officers went to the Fox Ridge Manor apartment complex in Raleigh, the last known address of a number of suspected gang members...

Photo Array Impersmissibly Suggestive, but ID Still Reliable

Posted on September 12, 2007
US v. Saunders: Saunders and two other men robbed a liquor store in Baltimore. After they fled the store, the van in which they made their getaway was stopped by police. Saunders got out of the van and fled. As he exited the van, a gun dropped to the ground by the vehicle...

Defendant Cannot Withdraw Plea "Provisionally" Accepted by District Court

Posted on September 06, 2007
US v. Battle: Battle was charged with being a felon in possession of a firearm and decided to plead guilty. At his guilty plea hearing, the district court "provisionally accepted" Battle's guilty plea "pending receipt" of the PSR. The district court deferred "final acceptance" of the plea agreement and "final adjudication of guilt" until the parties reviewed the PSR...

Raw Data from Computer Tests Not "Statements" Subject to Confrontation

Posted on August 23, 2007
US v. Washington: Washington was pulled over on the Baltimore-Washington Parkway (over which the Government has jurisdiction) and charged with driving under the influence of alcohol and drugs and reckless driving. At trial, the Government presented expert testimony from the head of a local toxicology laboratory that a blood sample taken from Washington that night showed he had consumed PCP and alcohol...

Potential Federal Criminality Produces Sufficient Nexus for Witness Tampering

Posted on August 23, 2007
US v. Harris: Codefendants Harris, Royal, and Smith were involved in a firebomb attack on the home of a community activist in Baltimore. The woman, a long time resident of the neighborhood, had begun providing information to Baltimore police regarding drug dealing in the area...

Failure to Recogzie Justification Defense to 922(g) Charge is Ineffective Assistance of Counsel

Posted on August 07, 2007
US v. Mooney: Mooney was a convicted felon. One night, after returning home from work at a nearby bar in Huntington, West Virginia Mooney found himself in a room with his ex-wife (with whom he shared the home), who was putting a gun to his head. Mooney's ex had (as the court put it) "a propensity to brandish and shoot guns at the men in her life," having previously shot another husband, shot at a boyfriend, and brandished a gun at Mooney on a prior occasion...

Court Affirms Life Sentence for Witness Tampering Conviction

Posted on August 06, 2007
US v. Ruhbayan: Ruhbayan's case deals with sentences imposed following convictions for perjury, subornation, conspiracy and witness tampering. Ruhbayan was previously charged with drug conspiracy and using a firearm in connection with that offense. At that trial, Ruhbayan's girlfriend, Goodman, testified on his behalf in a generally exculpatory way...

Minor Victim's Statements to Fellow Plane Passengers are Excited Utterances; Government Need Not Prove Defendant Knew Age of Victim

Posted on August 06, 2007
US v. Jennings: Jennings was convicted of abusive sexual conduct with a minor based on his actions on a flight from San Diego to Dulles, during which he hit on, groped, and fondled a 13 year old girl. On appeal, Jennings made several arguments regarding his trial, which were rejected by the Fourth Circuit...