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Fourth Circuit Blog 
Case summaries and commentary by a federal defender in the 4th Circuit.
Post Frequency: 3.6/day Last Entry: October 14, 2020 at 11:09:00 Recent Entries: 251
By Jonathan Byrne
Go to Fourth Circuit Blog, find other Criminal Law blogs, or browse all law blogs.
Hospital Questioning Not "Custodial"
Posted on December 05, 2007US 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, 2007US 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, 2007US 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, 2007US 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, 2007US 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, 2007US 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, 2007US 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, 2007US 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, 2007US 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, 2007US 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, 2007US 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...
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