Justia Criminal Law Opinion Summaries

Dr. Timothy Baxter, while working for Indivior, a pharmaceutical company, distributed misleading information to Massachusetts’s Medicaid program about the safety of new opioid drugs. This led to his conviction for misdemeanor drug misbranding. Following his conviction, the Secretary of Health and Human Services banned him from participating in federal healthcare programs for five years. Baxter challenged this exclusion, arguing that his crime did not categorically relate to the delivery of an item or service under a state healthcare program.The United States District Court for the Eastern District of Virginia granted summary judgment in favor of the Secretary, rejecting Baxter’s claims. Baxter then appealed to the United States Court of Appeals for the Fourth Circuit.The Fourth Circuit reviewed the case and held that the exclusion statute, 42 U.S.C. § 1320a-7(a), does not require a categorical approach. Instead, it employs a circumstance-specific approach, meaning it looks at the actual conduct of the individual rather than the elements of the statute of conviction. The court found that Baxter’s conduct—misbranding drugs to influence MassHealth’s coverage decisions—was related to the delivery of an item under a state healthcare program. Therefore, his exclusion was mandatory under the statute.The Fourth Circuit affirmed the district court’s decision, upholding Baxter’s exclusion from federal healthcare programs. View "Baxter v. Kennedy" on Justia Law

Adolfo Acevedo Ibarra, a Mexican citizen, entered the United States illegally and used the identity of a U.S. citizen, Raul Cabrera, to obtain various documents and benefits fraudulently. He was detained in 2014 for using a fraudulent Social Security number and later pleaded guilty to illegal entry. The Department of Homeland Security initiated removal proceedings against him, and Ibarra admitted to the allegations and agreed he was removable. He sought cancellation of removal, arguing that his removal would cause hardship to his four U.S.-citizen children. However, the immigration judge denied his application, citing his lack of good moral character due to his fraudulent activities.The Board of Immigration Appeals (BIA) affirmed the immigration judge's decision, agreeing that Ibarra's significant negative criminal history, including fraud, outweighed any evidence of good character. Ibarra then petitioned for review, claiming that his Fifth Amendment rights were violated during the removal hearing when his attorney's attempts to assert the privilege against self-incrimination were overruled.The United States Court of Appeals for the Fourth Circuit reviewed the case and found that substantial evidence supported the immigration judge's finding that Ibarra lacked good moral character. The court noted that Ibarra's fraudulent activities, even without a conviction, justified the finding under the catchall provision of 8 U.S.C. § 1101(f). The court also rejected Ibarra's Fifth Amendment claim, stating that the privilege against self-incrimination must be asserted by the individual, not their attorney, and that Ibarra continued to testify without asserting the privilege himself.The Fourth Circuit denied Ibarra's petition for review, upholding the BIA's decision to deny cancellation of removal based on the substantial evidence of his lack of good moral character and rejecting his Fifth Amendment claims. View "Ibarra v. Bondi" on Justia Law

In 2019, Irene Pressley, a rural mail carrier, was found dead in her car in Andrews, South Carolina, having been shot multiple times. An assault rifle and 21 bullet casings were found near the scene. A package containing marijuana addressed to Trevor Seward's residence, with Pressley's blood on it, was discovered nearby. Surveillance footage showed Seward leaving his house after Pressley did not deliver the package and later returning with an assault rifle. Seward's fingerprints and palm prints were found on Pressley's car and packages inside it, including a palm print in her blood.The United States District Court for the District of South Carolina convicted Seward of murdering a federal employee, using a firearm during a crime of violence, Hobbs Act robbery, possessing a firearm after a felony conviction, and conspiring to possess marijuana with intent to distribute. Seward appealed, challenging the qualifications of the government's firearms toolmark examiner and the exclusion of evidence that another witness failed a polygraph test. He also argued that the admission of testimony from the government's DNA expert violated the Confrontation Clause.The United States Court of Appeals for the Fourth Circuit reviewed the case. The court found that the district court did not abuse its discretion in allowing the firearms toolmark examiner's testimony or in excluding the polygraph evidence. Regarding the Confrontation Clause, the court acknowledged that the DNA expert's testimony may have violated the clause but concluded that any error was harmless beyond a reasonable doubt due to the overwhelming evidence of Seward's guilt. Consequently, the Fourth Circuit affirmed the district court's judgment. View "United States v. Seward" on Justia Law

Brock Beeman was convicted by a federal jury of mailing three threatening letters to a prosecutor and an investigator involved in a previous criminal case against him, violating 18 U.S.C. § 876(c). Beeman appealed his conviction, challenging the district court's decisions on three grounds: the admission of an uncharged threatening letter, the empaneling of an anonymous jury, and the denial of his motion for a mistrial due to the prosecutor's improper statement during closing arguments.The United States District Court for the Eastern District of Virginia admitted the uncharged letter as res gestae evidence and under Federal Rule of Evidence 404(b), finding it provided necessary context for Beeman's animus and intent. The court also empaneled an anonymous jury due to Beeman's history of threatening behavior and potential for lengthy incarceration, while ensuring Beeman's rights were protected by providing his counsel with an unredacted juror list. During closing arguments, the prosecutor improperly suggested jurors consider their personal feelings about the threats, but the court immediately corrected this with a curative instruction.The United States Court of Appeals for the Fourth Circuit reviewed Beeman's challenges for abuse of discretion. The court found no abuse of discretion in admitting the uncharged letter, as it was relevant to proving elements of the crime and not unfairly prejudicial. The court also upheld the empaneling of an anonymous jury, noting the district court's careful consideration of the factors and safeguards to protect Beeman's rights. Finally, the court determined that the prosecutor's improper statement during closing arguments did not prejudice Beeman, given the immediate correction and overwhelming evidence of his guilt.The Fourth Circuit affirmed the district court's judgment, upholding Beeman's conviction. View "US v. Beeman" on Justia Law

Luis Avila pleaded guilty to three counts of violating 18 U.S.C. § 2252A(a)(2) and (b)(1) for possessing material involving the sexual exploitation of a minor. The probation officer calculated Avila’s advisory guideline range using Section 2G2.2 of the Federal Sentencing Guidelines, which starts with a base offense level of 22 and includes several enhancements that increased Avila’s offense level to 35. The probation officer then applied a cross-reference under Section 2G2.2(c)(1), which increased the offense level to 38, resulting in a guidelines range of 168 to 210 months after a three-level decrease for acceptance of responsibility.Avila challenged the application of the cross-reference, arguing that his actions did not cause the creation of the sexually explicit material because the victims were already sending the same videos to other people. The government argued that Avila’s actions, including offering and paying money for specific videos, caused the victims to create and send the videos. The United States District Court for the Western District of North Carolina overruled Avila’s objection and applied the cross-reference, sentencing him to 132 months of imprisonment followed by 30 years of supervised release.The United States Court of Appeals for the Fourth Circuit reviewed the case and found that the district court committed procedural error in sentencing Avila. The appellate court held that the district court’s factual findings were legally insufficient to support the application of the cross-reference under Section 2G2.2(c)(1). The court concluded that offering money for specific conduct and causing that conduct to happen are different, and proving the former does not prove the latter. Therefore, the Fourth Circuit vacated the district court’s judgment and remanded the case for resentencing. View "US v. Avila" on Justia Law

In May 2021, the appellant, along with a co-defendant, robbed a gas station in New Bern, North Carolina. The appellant entered the store armed with a revolver, pointed it at the cashier, struck the cashier on the head, and took money and cartons of cigarettes. The robbery was captured on surveillance video, and a witness provided a photo of the getaway vehicle. The next day, law enforcement located the vehicle and arrested the appellant and his co-defendant, recovering stolen items and the revolver used in the robbery.The appellant was indicted for robbery, using/brandishing a firearm during a crime of violence, and possession of a firearm by a convicted felon. He agreed to plead guilty to the first two counts and waived his right to appeal his conviction and sentence, except on grounds of ineffective assistance of counsel or prosecutorial misconduct. The district court conducted a brief plea hearing and sentenced the appellant to 144 months of imprisonment. The appellant argued that his appeal waiver was invalid because the district court failed to properly conduct the plea hearing and did not acknowledge his mitigation arguments or provide an explanation for the sentence.The United States Court of Appeals for the Fourth Circuit reviewed the case and held that the appellant’s appeal waiver was not knowingly and intelligently made. The court found that the district court failed to properly inform the appellant of the terms of the appeal waiver and did not ensure that he understood it. The court also noted that enforcing the appeal waiver would result in a miscarriage of justice due to the district court’s repeated disregard for proper procedure. Consequently, the Fourth Circuit vacated the sentence as procedurally unreasonable and remanded the case for reassignment to a different district court judge for further proceedings. View "US v. Smith" on Justia Law

A nurse at a medical clinic where Dr. George P. Naum, III worked prescribed controlled substances without a doctor's supervision. The government prosecuted Naum for conspiracy and aiding and abetting the distribution of controlled substances outside the usual course of his professional practice, alleging he knew about the nurse’s conduct but did not stop it. A federal jury convicted Naum on these counts.The United States District Court for the Northern District of West Virginia handled the initial trial. Naum was found guilty of one count of conspiracy to distribute controlled substances outside the bounds of professional medical practice and four counts of aiding and abetting in the distribution of controlled substances outside the bounds of professional medical practice. Naum's motion for a new trial was denied, and he appealed. The Fourth Circuit initially affirmed the district court's decision.The United States Supreme Court later clarified in Ruan v. United States that to convict a defendant under 21 U.S.C. § 841(a), the government must prove the defendant knew or intended that their conduct was unauthorized. Naum argued that the district court failed to instruct the jury on this requirement. The Fourth Circuit agreed that the jury instructions misstated the law post-Ruan but applied plain error review. The court concluded that Naum did not meet his burden of showing that the outcome of his trial would have been different with proper instructions. Therefore, the Fourth Circuit affirmed Naum's conviction. View "United States v. Naum" on Justia Law

Nathaniel Powell pled guilty in 2016 to conspiracy to manufacture, distribute, and possess with intent to distribute more than 100 grams of heroin. The United States Probation Office recommended a two-level sentence enhancement under the United States Sentencing Guidelines for maintaining a premises for drug distribution, based on information from Powell’s co-defendant, Valerie Wilson. Wilson claimed she bought drugs from Powell at his residence and witnessed heroin processing there. Powell’s attorney, Lawrence Woodward, objected to the enhancement, questioning Wilson’s credibility and the sufficiency of the evidence.The United States District Court for the Eastern District of Virginia overruled the objection and adopted the presentence report, sentencing Powell to 300 months in prison. Powell later filed a pro se motion under 28 U.S.C. § 2255 to vacate his sentence, claiming ineffective assistance of counsel for failing to investigate potentially exculpatory evidence, including a lease agreement showing someone else leased the premises during part of the relevant time. The district court dismissed most claims but held a hearing on this issue. Woodward testified he did not receive the lease and believed attacking Wilson’s credibility was the best strategy. The district court dismissed Powell’s claim, finding Woodward’s performance was not deficient and the lease would not have changed the outcome.The United States Court of Appeals for the Fourth Circuit reviewed the case. The court held that Woodward’s performance was not constitutionally deficient, as his strategy to attack Wilson’s credibility was reasonable. The court also found no prejudice, as the district court indicated it would have applied the same sentence even without the enhancement. Thus, the Fourth Circuit affirmed the district court’s denial of Powell’s § 2255 motion. View "United States v. Powell" on Justia Law

Eugenia Bautista Chavez, a native and citizen of Mexico, challenged the Board of Immigration Appeals’ order of removal based on her 2011 conviction for petit larceny under section 18.2-96 of the Virginia Code. The Board held that petit larceny categorically qualified as a crime involving moral turpitude, rendering Chavez ineligible for cancellation of removal. Chavez argued that a defendant in Virginia could be convicted of larceny for taking property that he or she sincerely but unreasonably believed was abandoned, which falls short of the requisite mental state for a crime involving moral turpitude. She also contended that petit larceny for taking property of de minimis value does not constitute sufficiently reprehensible conduct to make out a crime involving moral turpitude.The Immigration Judge ruled for the government, reasoning that he was required to find that petit larceny was a crime involving moral turpitude under the Fourth Circuit’s decision in Hernandez v. Holder. Chavez appealed to the Board, arguing that Virginia petit larceny did not require a culpable mental state and did not involve reprehensible conduct. The Board dismissed Chavez’s appeal, concluding that the offense required a culpable mental state and involved reprehensible conduct. Chavez then moved the Board to reconsider its decision, but a temporary Board member denied her motion.The United States Court of Appeals for the Fourth Circuit reviewed the case and denied Chavez’s petition. The court held that Virginia petit larceny is a crime involving moral turpitude because it requires an intent to permanently deprive the owner of property, which satisfies the culpable mental state requirement. The court also found that the offense involves reprehensible conduct, regardless of the value of the property taken. Additionally, the court rejected Chavez’s challenge to the authority of the temporary Board member who decided her reconsideration motion, citing its previous decision in Salomon-Guillen v. Garland. View "Chavez v. Bondi" on Justia Law

The appellants, Jose Joya Parada, Oscar Armando Sorto Romero, Milton Portillo Rodriguez, and Juan Carlos Sandoval Rodriguez, were charged in 2018 with various racketeering offenses related to their involvement with the MS-13 gang. During jury selection, the government used peremptory strikes on several Black venirepersons, including Jurors 217 and 138. The appellants raised Batson challenges to these strikes, which the district court rejected. The trial proceeded, and during jury deliberations, Juror 9 tested positive for COVID-19. Over the appellants' objections, the district court decided to proceed with an eleven-member jury. The jury found some appellants guilty on all charges and others guilty on some charges.The United States District Court for the District of Maryland denied the appellants' Batson challenges and decided to proceed with an eleven-member jury after Juror 9 tested positive for COVID-19. The appellants were subsequently found guilty of various charges. The appellants appealed, arguing that the district court erred in rejecting their Batson challenges and in proceeding with an eleven-member jury.The United States Court of Appeals for the Fourth Circuit reviewed the case. The court held that the district court did not clearly err in rejecting the Batson challenges, as the government provided race-neutral reasons for the peremptory strikes, and the district court found these reasons credible. The court also held that the district court did not abuse its discretion in proceeding with an eleven-member jury, as it thoroughly considered all alternatives and found good cause to excuse Juror 9. The Fourth Circuit affirmed the district court's judgment. View "US v. Parada" on Justia Law