Justia U.S. 4th Circuit Court of Appeals Opinion Summaries

In a federal case before the United States Court of Appeals for the Fourth Circuit, the petitioner, James Rosemond, appealed a district court's dismissal of his habeas corpus petition. Rosemond, who was serving multiple life sentences for offenses related to drug trafficking and murder, claimed that his continued detention was unconstitutional because then-President Donald Trump had commuted his sentence to time served during a phone conversation with two of Rosemond's supporters, Jim Brown and Monique Brown. The Browns signed declarations stating that during the December 2020 call, they believed President Trump had decided to commute Rosemond's sentence. However, no clemency warrant or official record of clemency for Rosemond exists, and his clemency petition is still listed as "pending" on the Department of Justice’s Office of the Pardon Attorney website.The Court of Appeals affirmed the district court’s dismissal of Rosemond’s petition. The court held that while a written document is not constitutionally required for a presidential commutation, the evidence provided by Rosemond, namely the Browns' declarations, did not establish that President Trump actually commuted his sentence. The court found that President Trump's alleged statements during the phone call were forward-looking and indicative of a desire to commute Rosemond's sentence in the future, rather than a declaration of a completed act of clemency. The court also noted the established practice of documenting acts of presidential clemency, which was consistently followed by President Trump throughout his presidency, and emphasized the constitutional separation of powers, which vests the clemency power exclusively in the President. View "Rosemond v. Hudgins" on Justia Law

In the case before the United States Court of Appeals for the Fourth Circuit, the defendant, Adonis Perry, was arrested in 2017 for possessing a firearm as a felon and for possessing marijuana after he was found with both during a traffic stop. While awaiting trial, Perry repeatedly tried to convince his girlfriend, a key witness for the government, to refuse to cooperate, leading to four witness-tampering and obstruction-of-justice charges. Perry was found guilty on all counts and was sentenced to 210 months and three years of supervised release. Perry appealed his conviction and sentence on several grounds, including that his Fourth, Fifth, and Sixth Amendment rights were violated, and that his sentence was substantively unreasonable.The Court of Appeals affirmed the conviction and sentence. They found that Perry was not unconstitutionally seized during the traffic stop, his girlfriend had authority to consent to the search of his phone, the charges against him should not have been dismissed due to the failure to preserve dashcam footage, the evidence supporting his convictions was sufficient, his convictions did not violate the prohibition against double jeopardy, his counsel was not constitutionally ineffective, and his sentence was not substantively unreasonable. View "US v. Perry" on Justia Law

In the case before the United States Court of Appeals for the Fourth Circuit, plaintiffs Scott Sonda and Brian Corwin, both mineral rights owners in West Virginia, challenged Senate Bill 694, which amended the State's oil and gas conservation law to permit the unitization of interests in horizontal well drilling units, even for nonconsenting mineral rights owners. The plaintiffs claimed that this law constituted a taking of their property and deprived them of property without due process, in violation of the Fifth and Fourteenth Amendments of the U.S. Constitution. The West Virginia Oil and Gas Conservation Commission filed a motion to dismiss, asserting that the plaintiffs lacked standing, that the Commission was immune under the Eleventh Amendment, and that the complaint failed to state a claim upon which relief could be granted.However, the district court abstained from ruling on the federal constitutional claims, citing the Pullman abstention doctrine, and ordered the proceeding stayed pending the outcome of a state court action that the plaintiffs may file. The Commission appealed the district court's abstention order.The Fourth Circuit Court of Appeals reversed the district court's order and remanded for further proceedings, noting that the district court had erred by applying the Pullman abstention doctrine without first ensuring it had jurisdiction. The court directed the district court to first address the Commission's argument challenging the plaintiffs' Article III standing. The court did not express an opinion about the merits of the standing issue or any others before the district court. View "Sonda v. West Virginia Oil & Gas Conservation Commission" on Justia Law

In a case before the United States Court of Appeals for the Fourth Circuit, the defendant, Curtis Davis, had been arrested and charged with drug and firearm offenses after law enforcement officers executing a search warrant observed him attempting to place baggies of controlled substances into an air vent. More baggies of controlled substances, firearms, cash, cell phones, and additional controlled substances were found in the residence. The district court denied Davis's motion to suppress the evidence, arguing that the search warrant was not supported by probable cause.On appeal, the Fourth Circuit upheld the district court's decision. The court found that the search warrant was valid at least as to evidence of firearms offenses. The controlled substances found on Davis's person and in his bedroom were lawfully seized either incident to Davis's arrest or because they were in plain view of the officers conducting the search. Furthermore, Davis's cell phone was lawfully seized as an instrumentality of drug trafficking found in plain view. The court emphasized that for a cell phone to be seized in plain view, the "additional evidence or indicators" of criminality have significant work to do to establish probable cause. In this case, Davis's phone was found in the residence along with substantial quantities of controlled substances that were packaged for distribution, cash, firearms, and ammunition, all found on Davis's person or in his bedroom. This evidence provided law enforcement with sufficient probable cause to seize Davis's cell phone. The judgment of the district court was affirmed. View "US v. Curtis Davis" on Justia Law

In this case, the United States Court of Appeals for the Fourth Circuit upheld a lower court's decision that an ordinance enacted by Anne Arundel County, Maryland, which required gun retailers to distribute literature relating to gun safety, suicide prevention, mental health, and conflict resolution to customers, did not violate the First Amendment rights of the gun dealers. The plaintiffs, a group of gun dealers and a corporation dedicated to the preservation and advancement of gun owners' rights, argued that the ordinance compelled them to speak on these subjects against their will. The court found that the requirement to distribute the literature constituted commercial speech, which can be regulated under the First Amendment, as long as it is factual, uncontroversial, and not unduly burdensome. The court concluded that the literature was factual and uncontroversial because it did not suggest that firearms cause suicide, but merely identified access to firearms as a risk factor for suicide. Further, the court found that the requirement to distribute the literature was not unduly burdensome and was reasonably related to the County's interest in preventing suicide. View "Maryland Shall Issue, Inc. v. Anne Arundel County" on Justia Law

In the case brought before the United States Court of Appeals for the Fourth Circuit, the defendant, Reshod Jamar Everett, appealed his multiple convictions and sentences for six drug distribution and firearms offenses. The charges arose from his involvement in extensive criminal activities related to drugs and firearms in Cumberland County, North Carolina. Everett unsuccessfully moved to suppress evidence seized from his residence, claiming that the authorities violated the "protective sweep" exception to the Fourth Amendment's search warrant mandate. He was convicted on all counts and sentenced to 480 months in prison, plus supervised release.On appeal, Everett challenged the denial of his suppression motion, the sufficiency of the evidence supporting three of his convictions, and his 480-month prison sentence. The Court of Appeals rejected each of Everett's contentions and affirmed the lower court's decision. It found that the protective sweep of Everett's residence was justified due to the circumstances, including the fact that Everett was a substantial drug dealer with a known connection to firearms. The Court also held that there was substantial evidence to support Everett's convictions, even under a plain error review. Finally, it concluded that Everett's 480-month sentence was not substantively unreasonable, given the seriousness of his offenses, his conduct between the time of the offenses and sentencing, and the need to deter similar conduct in the future. View "United States v. Everett" on Justia Law

The case concerned Everett Maynard, a police officer in West Virginia, who was convicted of deprivation of rights under color of law. This conviction was based on his use of excessive force against an arrestee, Robert Wilfong, which resulted in Wilfong being hospitalized with a broken nose and lacerations on his upper head. During the trial, witnesses were required to wear face masks due to the COVID-19 pandemic. Maynard appealed his conviction, arguing that the mask requirement violated his Sixth Amendment rights, and that the district court erred in applying sentencing enhancements for obstruction of justice and for causing "serious bodily injury."The United States Court of Appeals for the Fourth Circuit affirmed the conviction and sentence. It held that the mask requirement did not violate Maynard's Sixth Amendment right, as the protection against the spread of COVID-19 is an important public policy interest and the reliability of the witnesses’ testimony was assured. This was because the witnesses were under oath, cross-examined, and the jury could observe their demeanor. The court also found no error in the application of sentencing enhancements. The court agreed with the district court's finding that the injuries inflicted on Wilfong constituted "serious bodily injury," and affirmed the application of the obstruction of justice enhancement, finding that a defendant's perjurious testimony at trial is relevant to sentencing because it reflects on a defendant’s criminal history, willingness to obey the law, and general character. View "US v. Maynard" on Justia Law

In this case, the United States Chamber of Commerce and three other trade associations sued to stop the enforcement of a new state tax in Maryland known as the Digital Advertising Gross Revenues Tax Act. The law requires large technology companies to pay a tax based on gross revenue they earn from digital advertising in the state. The plaintiffs alleged that the Act violates the Internet Tax Freedom Act, the Commerce Clause, the Due Process Clause, and the First Amendment. The United States District Court for the District of Maryland dismissed three of the counts as barred by the Tax Injunction Act, which prevents federal courts from stopping the collection of state taxes when state law provides an adequate remedy. The court dismissed the fourth count on mootness grounds after a state trial court declared the Act unconstitutional in a separate proceeding. On appeal, the United States Court of Appeals for the Fourth Circuit affirmed the district court's dismissal of the first three counts, but vacated the judgment to the extent it dismissed those counts with prejudice, ordering that the dismissal be entered without prejudice. The appellate court also vacated the dismissal of the fourth count and remanded for further proceedings, as the plaintiffs' First Amendment challenge to the Act's prohibition on passing the tax onto consumers was not moot. View "Chamber of Commerce of the United States v. Lierman" on Justia Law

The court case involves defendants Juan Alberto Ortiz-Orellana and Minor Perez-Chach, who were convicted under the Racketeer Influenced and Corrupt Organizations Act (RICO) and the Violent Crimes in Aid of Racketeering statute (VICAR). Ortiz and Perez were part of a gang known as MS-13 and were separately charged with murders related to their involvement in the gang in Maryland. Ortiz was also convicted of VICAR conspiracy to commit murder, discharging a firearm in furtherance of a crime of violence, and murder resulting from the same crime. Perez, on the other hand, was also convicted of being a felon in possession of a firearm and ammunition, and an alien in possession of a firearm and ammunition. Both defendants appealed their convictions and sentences.The United States Court of Appeals for the Fourth Circuit held that the government seizure of historical cell site location information (CSLI) without a warrant did not violate the defendants' Fourth Amendment rights due to the good faith exception. The court also upheld the use of summary exhibits and denied the defendants' claim that their sentences were substantially unreasonable. The court agreed with Ortiz that his firearm convictions must be vacated because the underlying offenses for each VICAR count could not qualify as a "crime of violence" after a recent ruling. The court also rejected Ortiz's claim that his RICO and VICAR convictions violated the Double Jeopardy Clause. As a result, the court affirmed in part, vacated in part, and remanded the case for resentencing on certain counts. View "US v. Ortiz-Orellana" on Justia Law

In this case, the defendant, Jahsir Claybrooks, pleaded guilty to possession of a stolen firearm. The probation office determined that at the time of the offense, Claybrooks was an unlawful user of controlled substances and under indictment for a felony, making him a "prohibited person" not allowed to possess a firearm. As a result, his sentence was calculated based on this status. Claybrooks challenged this designation, arguing that he was not an unlawful drug user and that the statute was unconstitutionally vague. He also asserted that the district court erred in determining he was under indictment at the time of his offense and in imposing a sentence above the recommended guidelines. Finally, Claybrooks argued that the district court should have conducted an analysis of the firearms statutes at issue in accordance with a recent Supreme Court case. The United States Court of Appeals for the Fourth Circuit affirmed the district court's decision, concluding that the district court did not commit reversible error. The court found that the district court correctly determined that Claybrooks was an unlawful user of controlled substances at the time of the offense, the relevant statute was not unconstitutionally vague, and the district court did not err in imposing an above-guidelines sentence. The court also dismissed Claybrooks' argument regarding the need for an analysis of the firearms statutes, as he raised this issue for the first time on appeal. View "US v. Claybrooks" on Justia Law