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Criminal Law

Fourth Circuit Blog

Case summaries and commentary by a federal defender in the 4th Circuit.
By Jonathan Byrne

Post Frequency: 3.6/day

Last Entry: October 14, 2020 at 11:09:00

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...

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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...

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