Justia Criminal Law Opinion Summaries

The Fourth Circuit affirmed defendant's 20 year sentence for conspiracy to manufacture and distribute marijuana. The court held that the district court adequately conducted a de novo sentencing hearing by performing an individualized assessment of all relevant sentencing factors; the district court did not clearly err in declining to apply the acceptance-of-responsibility reduction under USSG 3E1.1; under Fourth Amendment precedent, the court was compelled to hold that kidnapping under North Carolina law was a crime of violence under USSG 4B1.2; and it was not clear that the career offender enhancement was grossly disproportionate, facially or as applied to defendant's criminal history. The court held that the district court appropriately decided not to restrict public access to the entire sentencing memorandum, but it erred by not granting the less restrictive remedy of allowing defendant to file a redacted version of the memorandum. Accordingly, the court reversed the denial of defendant's motion to seal his sentencing memorandum and remanded for the filing of a redacted version of the memorandum for public records. View "United States v. Harris" on Justia Law

The Fourth Circuit vacated the district court's grant of habeas relief and remanded with instructions to dismiss petitioner's habeas application with prejudice under the court's decision in United States v. Surratt, 855 F.3d 218 (4th Cir. 2017) (en banc). Petitioner was sentenced to 118 years in prison for nonhomicide crimes that he committed when he was 15 years old. Petitioner sought habeas relief after the Supreme Court decided Graham v. Florida, 560 U.S. 48 (2010), which prohibited juvenile offenders convicted of nonhomicide crimes from being sentenced to life without parole. While the application was pending, Virginia Governor Robert McDonnell issued petitioner a partial pardon, reducing his sentence to 40 years' imprisonment. The court reasoned that had the district court properly applied Surratt, it would have been required to conclude that Governor McDonnell's valid partial pardon reducing petitioner's sentence to 40 years' imprisonment rendered his habeas application moot and that the district court was therefore without jurisdiction to address it and opine on the constitutionality of petitioner's original sentence under Graham. View "Blount v. Clarke" on Justia Law

The Fourth Circuit vacated the district court's grant of habeas relief and remanded with instructions to dismiss petitioner's habeas application with prejudice under the court's decision in United States v. Surratt, 855 F.3d 218 (4th Cir. 2017) (en banc). Petitioner was sentenced to 118 years in prison for nonhomicide crimes that he committed when he was 15 years old. Petitioner sought habeas relief after the Supreme Court decided Graham v. Florida, 560 U.S. 48 (2010), which prohibited juvenile offenders convicted of nonhomicide crimes from being sentenced to life without parole. While the application was pending, Virginia Governor Robert McDonnell issued petitioner a partial pardon, reducing his sentence to 40 years' imprisonment. The court reasoned that had the district court properly applied Surratt, it would have been required to conclude that Governor McDonnell's valid partial pardon reducing petitioner's sentence to 40 years' imprisonment rendered his habeas application moot and that the district court was therefore without jurisdiction to address it and opine on the constitutionality of petitioner's original sentence under Graham. View "Blount v. Clarke" on Justia Law

The Fourth Circuit affirmed the district court's denial of defendant's motion to suppress after he was convicted of attempting to smuggle firearms out of the country and an associated conspiracy charge. The court agreed with the district court that the forensic analysis of defendant's phone was properly categorized as a border search; despite the temporal and spatial distance between the off-site analysis of the phone and defendant's attempted departure at the airport, the justification for the border exception was broad enough to reach the search; under Riley v. California, 134 S. Ct. 2473 (2014), the forensic examination of defendant's phone must be considered a nonroutine border search, requiring some measure of individualized suspicion; and because the agents who conducted the search reasonably relied on precedent holding that no warrant was required, suppression of the report would be inappropriate. View "United States v. Kolsuz" on Justia Law

The Fourth Circuit reversed the district court's judgment in an action by plaintiffs, five officers charged in a homicide case, alleging claims of malicious prosecution, defamation, and false light against a state attorney. Plaintiffs alleged that defendant's role in independently investigating their conduct stripped her of absolute prosecutorial immunity and that their allegations of malice or gross negligence overcame Maryland's statutory immunity protections. The court rejected plaintiffs' invitation to cast aside decades of Supreme Court and circuit precedent to narrow the immunity prosecutors enjoyed. The court also found no justification for denying defendant the protection from suit that the Maryland legislature has granted her. In this case, defendant's alleged wrongs fell squarely within the umbrella of absolute immunity where plaintiffs challenged specific conduct that she performed in her role as an advocate. View "Nero v. Mosby" on Justia Law

The Fourth Circuit affirmed Oceanic and Oceanfleet's conviction and sentence for nine criminal offenses committed by the supervisory personnel of an oceangoing cargo ship owned and operated by defendants. The court held that the evidence was sufficient to prove corporate criminal liability where the jury could find beyond a reasonable doubt — with respect to any of the offenses in the Indictment — that any cargo ship crewmember was acting pursuant to corporate authority or with an intent to benefit Oceanic or Oceanfleet. The court rejected defendants' arguments that the sentencing court erred by grouping the various offenses; by failing to consider their independent financial conditions and separate abilities to pay the fines imposed; by imposing erroneously disparate fines on Oceanfleet compared to fines on similarly situated defendants; and by imposing a special condition of probation that improperly impacted related third parties. View "United States v. Oceanic Illsabe Limited" on Justia Law

The Fourth Circuit affirmed Defendant Saint Louis and Tulin's convictions for charges stemming from their involvement in the kidnappings of two Americans in Haiti. The court agreed with the district court's observation that, although it certainly was not a perfect trial, the issues raised by defendants ultimately did not warrant reversal. The court held that the district court did not err in refusing to suppress evidence of a codefendant's out-of-court identification of Tulin; by denying defendants' motion for a mistrial based on the introduction of testimony about a previous sexual assault by someone else; by violating Tulin's rights under the Confrontation Clause; by denying him a fair trial; by determining that the weight of the evidence did not warrant a new trial; and by applying a two-level sentencing enhancement for inflicting serious bodily injury. View "United States v. Saint Louis" on Justia Law

Cohen, as the president and chairman of companies that sold insurance to those in the entertainment industry, was obliged to submit regular financial statements to insurance regulators. Beginning in 2008, Cohen engaged in a scheme to defraud policyholders and the public. Cohen created fraudulent financial documents and sent fraudulent representations to auditing firms and others, securing favorable opinions on the financial standing of his companies, which received more than $100,000,000 in premiums. Prosecutors secured a 31-count indictment, alleging that Cohen’s arrest upended his intentions to harm public officials. Cohen had purchased a long-range tactical rifle, plus ammunition and a night vision device and had researched homemade bombs, purchased ammonium nitrate and made recordings about plans to attack public officials. As his scheme unraveled, Cohen threatened witnesses. Cohen, who represented himself during most proceedings, eventually pleaded guilty to wire fraud, aggravated identity theft, making false statements to insurance regulators, and obstruction of justice. Cohen was sentenced to 444 months in prison. The Fourth Circuit upheld Cohen’s appeal waiver and dismissed certain claims. The court rejected, on the merits, claims that the district court erred in failing to conduct a Farmer hearing on his asset seizure allegations and that Cohen’s Sixth Amendment right to counsel was contravened by the magistrate’s denial of his request to revoke his pro se status and have a lawyer appointed for his final sentencing hearing. View "United States v. Cohen" on Justia Law

Cohen, as the president and chairman of companies that sold insurance to those in the entertainment industry, was obliged to submit regular financial statements to insurance regulators. Beginning in 2008, Cohen engaged in a scheme to defraud policyholders and the public. Cohen created fraudulent financial documents and sent fraudulent representations to auditing firms and others, securing favorable opinions on the financial standing of his companies, which received more than $100,000,000 in premiums. Prosecutors secured a 31-count indictment, alleging that Cohen’s arrest upended his intentions to harm public officials. Cohen had purchased a long-range tactical rifle, plus ammunition and a night vision device and had researched homemade bombs, purchased ammonium nitrate and made recordings about plans to attack public officials. As his scheme unraveled, Cohen threatened witnesses. Cohen, who represented himself during most proceedings, eventually pleaded guilty to wire fraud, aggravated identity theft, making false statements to insurance regulators, and obstruction of justice. Cohen was sentenced to 444 months in prison. The Fourth Circuit upheld Cohen’s appeal waiver and dismissed certain claims. The court rejected, on the merits, claims that the district court erred in failing to conduct a Farmer hearing on his asset seizure allegations and that Cohen’s Sixth Amendment right to counsel was contravened by the magistrate’s denial of his request to revoke his pro se status and have a lawyer appointed for his final sentencing hearing. View "United States v. Cohen" on Justia Law

The Fourth Circuit affirmed defendant's conviction for providing and conspiring to provide material support to terrorists, in violation of 18 U.S.C. 2339A, and conspiring and attempting to destroy an aircraft of the United States Armed Forces, in violation of 18 U.S.C. 32. Defendant was convicted for acts associated with an attack on an Afghan Border Police post at Camp Leyza. As a preliminary matter, the court held that it had jurisdiction to determine whether defendant qualified as a POW and was entitled to combatant immunity under the Geneva Convention Relative to the Treatment of Prisoners of War, irrespective of Army Regulation 190-8. On the merits, the court held that defendant was not entitled to combatant immunity under the Convention where the conflict in Afghanistan was not an international armed conflict. Consequently, because defendant did not qualify for combatant immunity pursuant to the Third Geneva Convention, he did not qualify for the common law defense of public authority. The court also held that section 32 clearly applied to otherwise lawful military actions committed during armed conflicts. In this case, defendant was convicted of attempting to fire anti-aircraft weapons at U.S. military helicopters, an attack that fell under the plain language of section 32. View "United States v. Hamidullin" on Justia Law