Justia Criminal Law Opinion Summaries

The Fourth Circuit affirmed defendant's conviction and sentence for one count of bank fraud conspiracy and two counts of aggravated identity theft. The court held that the evidence was sufficient to convict defendant of bank fraud conspiracy; the district court did not err in failing to conduct an in camera review to determine whether material required disclosure under the Jencks Act, 18 U.S.C. 3500(b), or pursuant to Brady v. Maryland, 373 U.S. 83 (1963); the district court did not err by declining to provide defendant's requested jury instruction on accomplice testimony, and by providing the jury with a written copy of the jury instruction on aiding and abetting liability; the district court did not erroneously apply a two-level sentencing enhancement for obstruction of justice, a ten-level sentencing enhancement based on the amount of loss, a two-level sentencing enhancement based on use of sophisticated means, a three-level sentencing enhancement based on his role in the offense as a manager or supervisor; and the district court did not abuse its discretion by requiring part of defendant's sentences to run consecutively. View "United States v. Savage" on Justia Law

The Fourth Circuit affirmed the district court's admittance into evidence a Facebook post where defendant quoted a rap lyric. The court held that the facts were sufficient for a jury to infer that defendant adopted the rap lyric as his own statement; the post was relevant because it indicated that defendant had carried a gun for self-protection; the risk of unfair prejudice did not substantially outweigh the probative value of the Facebook post; the government properly authenticated the post; and the post was direct evidence of the crime charged, not impermissible evidence of other acts. The court also held that even if the district court erred in admitting the post, any error was harmless. The court rejected defendant's contention that the district court erred in refusing to grant a mistrial and instead instructing the jury to continue its deliberations. View "United States v. Recio" on Justia Law

The Fourth Circuit affirmed the district court's admittance into evidence a Facebook post where defendant quoted a rap lyric. The court held that the facts were sufficient for a jury to infer that defendant adopted the rap lyric as his own statement; the post was relevant because it indicated that defendant had carried a gun for self-protection; the risk of unfair prejudice did not substantially outweigh the probative value of the Facebook post; the government properly authenticated the post; and the post was direct evidence of the crime charged, not impermissible evidence of other acts. The court also held that even if the district court erred in admitting the post, any error was harmless. The court rejected defendant's contention that the district court erred in refusing to grant a mistrial and instead instructing the jury to continue its deliberations. View "United States v. Recio" on Justia Law

The Fourth Circuit vacated defendant's conviction for possession with intent to distribute methamphetamine and remanded for further proceedings. On appeal, defendant challenged the district court's denial of his motion to suppress evidence recovered from a dog sniff conducted after an already-completed traffic stop. The court held that the police officer had neither defendant's consent to extend the traffic stop nor a reasonable, articulable suspicion of ongoing criminal activity to justify doing so. Consequently, the prolonged traffic stop abridged defendant's right under the Fourth Amendment to be free of unreasonable seizures. View "United States v. Bowman" on Justia Law

The Fourth Circuit reversed the district court's denial of post-conviction relief and remanded for resentencing. The court held that defendant's prior conviction for South Carolina involuntary manslaughter did not qualify as a violent felony under the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e). In this case, South Carolina involuntary manslaughter sweeps more broadly than the physical force required under the ACCA's force clause. View "United States v. Middleton" on Justia Law

The Fourth Circuit reversed the district court's denial of post-conviction relief and remanded for resentencing. The court held that defendant's prior conviction for South Carolina involuntary manslaughter did not qualify as a violent felony under the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e). In this case, South Carolina involuntary manslaughter sweeps more broadly than the physical force required under the ACCA's force clause. View "United States v. Middleton" on Justia Law

The Eleventh Circuit affirmed the district court's grant of summary judgment for the Government in a civil forfeiture case. The government claimed that $200,000 in cash discovered in a storage unit was subject to forfeiture because the cash was connected to the exchange of a controlled substance. The court held that, although claimants in civil forfeiture cases need only show a colorable interest in the property to have standing, the undisputed record evidence here established that claimant lacked such an interest. In this case, claimant presented no objective evidence showing that he accumulated the money found in his brother's storage unit. View "United States v. Phillips" on Justia Law

The Fourth Circuit affirmed defendant's conviction of deprivation of rights under color of law in violation of 18 U.S.C. 242. In this case, the evidence showed that defendant, in the course of his police duties, assaulted another individual following his arrest on various charges. The court held that the district court did not abuse its discretion by admitting evidence of prior bad acts; the evidence was more than sufficient to support the jury's determination that defendant acted willfully, as required under section 242; the district court did not abuse its discretion in using a special verdict form and by refusing defendant's proposed jury instruction on lesser-included offenses; and the district court acted within its discretion in requiring defendant to pay the full amount of the victim's medical expenses. View "United States v. Cowden" on Justia Law

The Fourth Circuit affirmed defendant's conviction of deprivation of rights under color of law in violation of 18 U.S.C. 242. In this case, the evidence showed that defendant, in the course of his police duties, assaulted another individual following his arrest on various charges. The court held that the district court did not abuse its discretion by admitting evidence of prior bad acts; the evidence was more than sufficient to support the jury's determination that defendant acted willfully, as required under section 242; the district court did not abuse its discretion in using a special verdict form and by refusing defendant's proposed jury instruction on lesser-included offenses; and the district court acted within its discretion in requiring defendant to pay the full amount of the victim's medical expenses. View "United States v. Cowden" on Justia Law

The Fourth Circuit affirmed the district court's application of a sentencing enhancement under the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e), holding that defendant's prior conviction under the North Carolina crime of voluntary manslaughter was a violent felony under the force clause of the ACCA. The court explained that voluntary manslaughter in North Carolina required an intentional killing, and thus plainly involved "the use, attempted use, or threatened use of physical force against the person of another." View "United States v. Smith" on Justia Law