Justia Criminal Law Opinion Summaries

Rashun Suncar was convicted of distributing fentanyl and challenged the application of a career offender enhancement to his sentence. This enhancement was based on two prior Pennsylvania state convictions for delivery of a controlled substance. Suncar argued that the Pennsylvania statute criminalizes offers to sell and attempted transfers of drugs, making it broader than the federal guidelines' definition of a controlled substance offense.The United States District Court for the Northern District of West Virginia applied the career offender enhancement, referencing the Third Circuit's decision in United States v. Dawson, which held that the Pennsylvania statute was an appropriate predicate for a career offender finding. The district court imposed a sentence of 92 months, noting that it would impose the same sentence even if the guideline determination was found incorrect.The United States Court of Appeals for the Fourth Circuit reviewed the case. The court rejected Suncar's argument that the Pennsylvania statute includes offers to sell, noting that the statute's language does not support this interpretation. The court also found that the statute's criminalization of attempted transfers does not make it overbroad, as an attempted transfer is considered a completed delivery under federal law and analogous state statutes. The court affirmed the district court's judgment, holding that the Pennsylvania statute is not categorically overbroad compared to the federal guidelines. View "United States v. Suncar" on Justia Law

Cristian Cabrera-Rivas was convicted by a jury of two drug offenses related to a methamphetamine deal. Cabrera-Rivas, who grew up in Honduras and has limited education and English proficiency, was involved in negotiating a meth deal with a confidential informant named Hector, who was working with the Department of Homeland Security. During the deal, Cabrera-Rivas vouched for the meth supplier, Marco Ramos-Garcia, and was present when the meth was delivered. The police arrested Cabrera-Rivas at the scene and found cash and nearly pure methamphetamine.The United States District Court for the Western District of North Carolina found Cabrera-Rivas competent to stand trial based on a government psychologist's evaluation. The court denied his motion for a judgment of acquittal and precluded him from presenting certain affirmative defenses but allowed him to argue entrapment. The jury convicted him on both counts. Post-trial, the district court denied his motions for a new trial and a retrospective competency hearing, finding sufficient evidence for the convictions and no bad faith in the destruction of a recorded interview.The United States Court of Appeals for the Fourth Circuit reviewed the case and affirmed the district court's decisions. The appellate court found no clear error in the magistrate judge's competency ruling and held that the district court did not abuse its discretion in denying a second competency hearing. The court also found sufficient evidence to support the convictions, noting that a reasonable jury could infer that Cabrera-Rivas had constructive possession of the meth. The court rejected Cabrera-Rivas's due process claim regarding the destroyed interview recording, as there was no evidence of bad faith. Finally, the court upheld the district court's refusal to instruct the jury on the public authority, innocent intent, outrageous conduct, and entrapment by estoppel defenses. View "US v. Cabrera-Rivas" on Justia Law

Law enforcement agents were surveilling a motel room in Charles Town, West Virginia, to arrest a woman. They saw Dehaven Craig leave the room and drive off. Craig had a significant criminal history, including prior felony convictions. After Craig left, agents entered the motel room, arrested the woman, and found a loaded .380 caliber pistol. The woman claimed the gun belonged to Craig. When Craig returned, officers stopped him and found 0.8 grams of cocaine base in his SUV. Craig was indicted on two drug charges and one charge for unlawful possession of a firearm as a felon.Craig and the government reached a plea agreement where Craig would plead guilty to the firearm charge, and the government would drop the drug charges and recommend a sentence within the Guidelines range. The plea agreement included a stipulation of facts relevant to sentencing. At the plea hearing, the government stated that the stipulation contained Craig’s total relevant conduct. The court accepted the plea, and the probation officer calculated Craig’s Guidelines range. The government sought two enhancements based on facts not included in the stipulation, which Craig objected to, but the probation officer and the district court overruled his objections, resulting in a higher Guidelines range and a 100-month sentence.The United States Court of Appeals for the Fourth Circuit reviewed the case. The court found that the plea agreement stipulated to Craig’s total relevant conduct for sentencing purposes and that the government breached the agreement by seeking enhancements based on facts outside the stipulation. The court held that the government’s duty of candor did not excuse it from its commitments under the plea agreement. The court vacated Craig’s sentence and remanded for resentencing before a different district court judge. View "US v. Craig" on Justia Law

Victor Manuel Castro-Aleman, originally from El Salvador, was brought to the United States illegally in 1973 as a child. Over the years, he had multiple encounters with law enforcement, including four DUI convictions in Virginia between 2009 and 2014. In 2016, while serving a sentence for his fourth DUI, he was visited by ICE agents and subsequently issued a Notice to Appear in removal proceedings. He was ordered removed by an Immigration Judge (IJ) after failing to submit an asylum application and not appealing the removal order. Castro-Aleman reentered the United States illegally and was discovered in Virginia in 2023, leading to his indictment for illegal reentry.The United States District Court for the Eastern District of Virginia denied Castro-Aleman's motion to dismiss the indictment, which argued that his 2016 removal order was invalid due to due process violations. The district court found that he had knowingly and voluntarily waived his right to appeal the removal order.The United States Court of Appeals for the Fourth Circuit reviewed the case and affirmed the district court's decision. The court held that Castro-Aleman failed to demonstrate that his removal order was "fundamentally unfair" under 8 U.S.C. § 1326(d)(3). The court found that even if there were due process violations, such as the IJ's failure to inform him adequately of his right to appeal, Castro-Aleman could not show actual prejudice. His extensive criminal history and admissions during the removal hearing established multiple independent grounds for his removability, making any appeal futile. Consequently, the court affirmed the denial of his motion to dismiss and upheld his conviction for illegal reentry. View "United States v. Castro-Aleman" on Justia Law

Duane Berry was indicted in 2015 for planting a fake bomb outside a building in Detroit. The district court in Michigan found him mentally incompetent to stand trial and committed him to the custody of the Attorney General under 18 U.S.C. § 4241 for a competency evaluation. After determining that his competency could not be restored, the court dismissed the charges against him in December 2019. Concerned about his potential danger to the public, the court ordered a psychological evaluation under 18 U.S.C. § 4246.The government faced delays due to a backlog at the evaluation facility and the COVID-19 pandemic. Berry was eventually evaluated, and the facility's director certified that his release would pose a substantial risk. The United States District Court for the Eastern District of North Carolina held a hearing and found by clear and convincing evidence that Berry met the criteria for commitment under § 4246, as he was still in custody under § 4241 when the certification was filed.Berry appealed, arguing that he did not fall into any of the categories eligible for commitment under § 4246 and that the delay in filing the certification was unreasonable. The United States Court of Appeals for the Fourth Circuit reviewed the case and concluded that Berry was in lawful custody under § 4241 at the time of the certification. The court found the delay reasonable given the administrative challenges and the pandemic. The Fourth Circuit affirmed the district court's decision to commit Berry under § 4246, holding that the statutory provisions were followed correctly and that Berry's continued custody was lawful. View "United States v. Berry" on Justia Law

In January 2013, Stanislav “Steven” Yelizarov robbed a jewelry store after a series of serious events, including home burglaries and kidnapping. He received a thirty-year sentence for kidnapping and conspiracy to commit a Hobbs Act robbery. Over eight years, Yelizarov agreed to two plea deals, filed two motions under 28 U.S.C. § 2255, was sentenced twice, and had three judges decide parts of his cases. He appealed, arguing ineffective assistance of counsel during plea negotiations and that his sentence was unreasonable.The United States District Court for the District of Maryland initially sentenced Yelizarov to 360 months based on a plea agreement. After learning of a potential murder charge, Yelizarov renegotiated a plea deal, which included a waiver of appeal. He later filed a § 2255 motion, claiming ineffective assistance of counsel, arguing his attorney failed to advise him properly about the murder charge and its implications. The district court denied the motion, finding no prejudice from the attorney’s actions, as Yelizarov was aware of the potential murder charge and chose to plead guilty.The United States Court of Appeals for the Fourth Circuit reviewed the case. The court affirmed the district court’s decision, agreeing that Yelizarov was not prejudiced by his counsel’s performance. The court found that Yelizarov knowingly waived his right to appeal his sentence, including claims of procedural and substantive unreasonableness. The court dismissed his appeal regarding the reasonableness of his sentence, enforcing the waiver of appeal in his plea agreement. The court emphasized that a failure to mention specific sentencing factors does not constitute procedural unreasonableness. The decision was affirmed in part and dismissed in part. View "US v. Yelizarov" on Justia Law

Three defendants, Jose Ordonez-Zometa, Jose Hernandez-Garcia, and Jose Ortega-Ayala, were convicted in the District of Maryland for their involvement in a racketeering enterprise under the Racketeer Influenced and Corrupt Organizations Act (RICO), murder in aid of racketeering, and conspiracy to destroy and conceal evidence. The case centers around the brutal murder of a 16-year-old gang member, John Doe, by members of the Los Ghettos Criminales Salvatruchas (LGCS), a branch of the MS-13 gang. The defendants were implicated in the planning, execution, and cover-up of the murder, including the disposal of the victim's body and the destruction of evidence.In the lower court, the defendants filed several motions to suppress evidence obtained from traffic stops, custodial interrogations, and searches of residences, cell phones, and social media accounts. The District Court for the District of Maryland denied these motions, finding that the traffic stop and subsequent arrest of Ordonez-Zometa were lawful, the search warrants were supported by probable cause, and the defendants' statements were voluntary. The court also denied Hernandez-Garcia's motion for a new trial, concluding that the evidence presented at trial was sufficient to support the jury's verdict.The United States Court of Appeals for the Fourth Circuit reviewed the case and affirmed the lower court's decisions. The appellate court held that the traffic stop and arrest of Ordonez-Zometa were justified by an outstanding arrest warrant and probable cause. The court also found that the search warrants for Ortega-Ayala's residence, cell phones, and Facebook account were supported by probable cause and were not overly broad. Additionally, the court ruled that Hernandez-Garcia's motion for a new trial was properly denied, as the evidence presented at trial was sufficient to support the convictions. Finally, the court concluded that the government had presented sufficient evidence to establish that the LGCS enterprise's activities affected interstate commerce, satisfying the requirements for RICO and VICAR convictions. The defendants' convictions and sentences were thus affirmed. View "US v. Ordonez-Zometa" on Justia Law

Donald Ferguson was convicted by a jury of sexually abusing his adopted daughter, Jane Doe, under 18 U.S.C. § 2244(a)(5). Ferguson appealed, arguing that the trial court erroneously admitted the first nine and a half minutes of Doe’s forty-five-minute forensic interview. This portion of the interview included rapport-building and rule-explanation segments conducted by NCIS Agent Hannah Gottardi.The United States District Court for the Eastern District of Virginia admitted the entire video recording of the forensic interview, including the first nine and a half minutes, over Ferguson’s objection. The court found the evidence relevant and not unduly prejudicial. Ferguson was subsequently convicted based on the evidence presented, including the forensic interview.The United States Court of Appeals for the Fourth Circuit reviewed the case. The court held that the district court did not abuse its discretion in admitting the first nine and a half minutes of the forensic interview. The appellate court found that the initial segments of the interview were relevant as they demonstrated that the interview followed the National Children’s Advocacy Center protocol, which is designed to elicit accurate recall from the child. The court also determined that the statements made during these segments were not hearsay because they were not offered for the truth of the matter asserted but to show the interview’s adherence to the protocol.The Fourth Circuit concluded that the district court acted within its discretion under Rule 403, finding that the probative value of the evidence was not substantially outweighed by any potential for unfair prejudice. Consequently, the appellate court affirmed Ferguson’s conviction. View "US v. Ferguson" on Justia Law

Rodney Crawley was sentenced in December 2016 to 188 months in prison for a federal drug-trafficking conviction, with an enhancement under U.S.S.G. § 4B1.1(a) for being a career offender due to two prior felony convictions: a 2007 Virginia drug distribution conviction and a 2009 Virginia robbery conviction. Without the enhancement, his sentencing range would have been 84 to 105 months. In 2022, the Fourth Circuit held in United States v. White that Virginia robbery did not qualify as a “violent felony” under the Armed Career Criminal Act (ACCA).Crawley filed a motion for compassionate release under 18 U.S.C. § 3582(c)(1)(A), arguing that the White decision meant he no longer qualified as a career offender, creating a significant sentencing disparity. He also cited a medical condition increasing his risk for COVID-19 complications and his rehabilitation efforts. The district court denied his motion, finding that the change in law, his medical condition, and his rehabilitation did not constitute extraordinary and compelling reasons for a sentence reduction.The United States Court of Appeals for the Fourth Circuit reviewed the case. The court concluded that the Sentencing Commission’s amended policy statement in U.S.S.G. § 1B1.13, effective November 1, 2023, applied to Crawley’s motion. The court agreed that the White decision created a gross disparity between Crawley’s original sentence and the sentence he would likely receive now. However, Crawley had not served at least 10 years of his term of imprisonment, as required by § 1B1.13(b)(6). Therefore, the court affirmed the district court’s denial of Crawley’s motion for compassionate release. View "US v. Crawley" on Justia Law

Stephen Purks orchestrated a multi-state methamphetamine distribution conspiracy from his Florida state prison cell. The government indicted him on fourteen counts of methamphetamine distribution and one count of conspiracy to distribute and possess with intent to distribute methamphetamine. A jury found him guilty on all counts. Purks appealed his convictions, challenging the district court's denial of his motion to suppress statements made to law enforcement and arguing improper venue for his prosecution.The United States District Court for the Western District of Virginia held an evidentiary hearing on Purks's motion to suppress. Purks claimed that his statements were involuntary due to a beating by Florida Department of Corrections officers before his interview with DEA agents. The court found that Purks was read his Miranda rights and voluntarily waived them, crediting the DEA agent's testimony over Purks's. The court also found that the interview was conducted respectfully and without coercion, and denied the motion to suppress. At trial, the district court denied Purks's Rule 29 motion for acquittal based on improper venue, instructing the jury that venue was proper in the Western District of Virginia.The United States Court of Appeals for the Fourth Circuit reviewed the case. The court affirmed the district court's denial of the motion to suppress, holding that Purks's statements were voluntary and that the agents did not coerce him. The court also affirmed the district court's venue instruction, holding that the distribution of methamphetamine is a continuing offense that can be prosecuted in any district where the offense was begun, continued, or completed. The court found that the distribution was completed in the Western District of Virginia, making it a proper venue for prosecution. View "United States v. Purks" on Justia Law