Justia Criminal Law Opinion Summaries

The Fourth Circuit affirmed the district court's denial of defendant's motion to suppress after he conditionally pleaded guilty to possession of a firearm in furtherance of a drug crime. The court held that the district court did not err by admitting evidence of the firearm where the district court admitted the derivative evidence not because it was the fruit of voluntary statements, but because it found that the inevitable discovery exception to the exclusionary rule rendered the derivative evidence admissible; defendant's first statements were voluntary and the statements admitting possession of the gun were involuntary; and defendant's admission to the first bag of marijuana gave the officer the reasonable suspicion to justify detaining defendant and investigating further. In this case, before defendant made any involuntary admissions, the officer believed that he possessed a gun, had the probable cause necessary to search the car, and intended to find the gun. View "United States v. Alston" on Justia Law

The Fourth Circuit reversed defendant's conviction for being a felon in possession of a firearm in violation of 18 U.S.C. 922(g). The court held that the North Carolina Supreme Court would hold that a conditional-discharge plea is not a conviction for purposes of section 921 and 922. Therefore, defendant was not a felon and his federal felon-in-possession conviction could not stand. View "United States v. Smith" on Justia Law

The Fourth Circuit reversed the district court's denial of habeas relief, holding that a juror's external communication with her pastor regarding the death penalty was not harmless. Given how Federal Rule of Evidence 606 limits the presentation of evidence in these circumstances, the court held that it was especially important for it to view the record practically and holistically when considering the effect that a juror's misconduct reasonably may be taken to have had upon the jury's decision. In this case, the juror shared the pastor's counsel with the other jurors in an apparent effort to convince someone it was okay to vote for the death penalty. The court remanded for further proceedings. View "Barnes v. Thomas" on Justia Law

The Government appealed the district court's grant of defendant's motion to suppress a revolver found on his person. The district court reasoned that the initial stop and flashlight illumination of the men leaving the site of the shooting violated the Fourth Amendment, which rendered the later pat down illegal.The Fourth Circuit reversed and held that the officers here reacted to a perilous active-shooter situation, arriving on scene within 35 seconds of hearing multiple gunshots in a densely populated area; these exigent circumstances implicated vital governmental interests—citizen and police safety—beyond the ordinary need for law enforcement; and the officers' initial response was tailored to address these needs with minimal intrusion and thus reasonable. The court remanded for the district court to consider whether the officers had reasonable suspicion to search defendant after he disregarded their orders. View "United States v. Curry" on Justia Law

The Fourth Circuit affirmed defendant's conviction and sentence for being a felon in possession of a firearm, possessing heroin and cocaine with intent to distribute, and possessing a firearm in furtherance of a drug trafficking crime. The court held that defendant abandoned his challenge to the government's contention that the warrantless search was valid as a search incident to the arrest. Even if defendant had not abandoned his argument, the court held that police may conduct a warrantless search of a vehicle incident to a lawful arrest when it was reasonable to believe evidence relevant to the crime of arrest might be found in the vehicle. In this case, after finding a bag of white power, and observing a suspicious baggie and a large amount of cash in plain view, the officers had a reasonable basis to believe they might find additional drugs in the vehicle.The court held that a conspiracy conviction under 21 U.S.G. 846 is a categorical mismatch to the generic crime of conspiracy enumerated in USSG 4B1.2(b). Therefore, the district court erred by applying a six-level sentencing enhancement under USSG 2K2.1(a)(4)(A). However, the error was not plain under United States v. McCollum, 885 F.3d 300, 308 (4th Cir. 2018), and there was no basis for reversal. View "United States v. Norman" on Justia Law

The Fourth Circuit vacated defendant's sentence for distributing 1.2 grams of methamphetamine. The court held that the district court erred in relying on the interstate nature of defendant's offense because nothing in the record, except defendant's out-of-state residency, indicated that his offense involved the interstate transportation of methamphetamine. The court remanded for resentencing and, to ensure the appearance of impartiality, ordered the case be reassigned to a different judge. View "United States v. McCall" on Justia Law

Defendant pleaded guilty to kidnapping in violation of 18 U.S.C. 1201(a) and brandishing a firearm during and in relation to a crime of violence in violation of 18 U.S.C. 924(c). The district court sentenced defendant to 324 months imprisonment on the kidnapping charge, followed by 84 months imprisonment for brandishing the firearm during and in relation to a crime of violence. Defendant appealed his section 924(c) conviction.The Fourth Circuit held that, because settled law of the Supreme Court and this circuit have expressly held that section 924(c)(3)(B), the residual clause, was unconstitutionally vague, the district court clearly erred by finding that defendant violated that section. The court also clearly erred in holding that defendant violated section 924(c)(3)(A), because kidnapping clearly does not categorically qualify as a crime of violence under the force clause. Finally, these errors affected defendant's substantial rights as well as the fairness, integrity, and public reputation of judicial proceedings. Accordingly, the court vacated defendant's conviction under section 924(c) and remanded for further proceedings. View "United States v. Walker" on Justia Law

The Fourth Circuit affirmed the district court's denial of defendant's motion to suppress evidence obtained under a warrant and sought under a Franks hearing. Defendant pleaded guilty to one count of receiving child pornography after he clicked on a link appearing on a secretive online message board.The court held that the magistrate judge had a substantial basis for concluding that searching defendant's address would uncover evidence of wrongdoing. In this case, although the search relied on a "single click" of an internet link, the click was to a video of child pornography in circumstances suggesting the person behind that click plausibly knew about and sought out that content. Furthermore, the court found the warrant valid even though it was issued five months after the underlying events took place. Finally, the court noted that regardless of the warrant's validity, suppression would be inappropriate because the government obtained a warrant and reasonably relied on it to execute the search. View "United States v. Bosyk" on Justia Law

The Fourth Circuit affirmed defendants' convictions and sentences for conspiracy to commit wire fraud and related offenses based on an extensive online dating fraud scheme that induced elderly victims to transfer money to defendants' bank accounts based on postured romantic relationships.The court held that the district court did not err in denying Defendant Mojisola's motion to suppress, holding that admission into evidence of data from her phone, which was the fruit of her opening it, presented no risk that coerced statements would be used against her at a criminal trial; the district court did not abuse its discretion in admitting into evidence under Federal Rule of Evidence 1006 a series of charts detailing selected deposits made into their bank accounts; and the district court did not abuse its discretion in denying Defendant Mojisola and Babatunde's motions for severance. The court rejected defendants' numerous claims of evidentiary errors and held that the district court did not err in giving the challenged jury instructions. Finally, the evidence was sufficient to support the convictions and defendants' claims of sentencing errors failed. View "United States v. Oloyede" on Justia Law

Defendants, members of a violent street gang known as the Double Nine Goon Syndikate, appealed their convictions and sentences for crimes related to their gang activities. The Fourth Circuit held that the district court's decision to empanel an anonymous jury was supported by a preponderance of the evidence and was therefore not an abuse of discretion; the admission of the challenged inculpatory co-conspirator statements did not violate defendants' rights under the Confrontation Clause; there was no defect, plain or otherwise, in the indictment; even if the district court's jury instruction was improper, defendants could have cured any such error but did not; defendants' convictions under 18 U.S.C. 924(c) that was predicated on their violent crimes in aid of racketeering activity convictions for kidnapping under Virginia law must be vacated, because Virginia law did not qualify categorically as a crime of violence under the force clause; and sufficient evidence supported defendants' remaining convictions. Accordingly, the court affirmed in part, vacated in part, and remanded for resentencing. View "United States v. Mathis" on Justia Law