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

Christopher Ladariss Mitchell was charged with conspiracy to commit Hobbs Act robbery and one substantive count of Hobbs Act robbery. The indictment alleged that Mitchell and his co-defendants conspired to rob employees of two wireless communication retailers, referred to as Company A and Company B, at various locations within the Middle District of North Carolina and elsewhere. Mitchell pleaded guilty to the charges in January 2023.The United States District Court for the Middle District of North Carolina sentenced Mitchell based on a presentence investigation report (PSR) that included four separate robberies in the calculation of his total offense level. Mitchell objected, arguing that only two robberies should be considered. The district court rejected his argument, finding that the evidence supported his involvement in all four robberies beyond a reasonable doubt, and sentenced him to 108 months in prison.On appeal to the United States Court of Appeals for the Fourth Circuit, Mitchell contended that the district court erred in including the four robberies in the offense level calculation. He argued that the conspiracy count should only include two robberies, one for each company. The Fourth Circuit reviewed the case de novo and affirmed the district court's decision. The court held that under U.S.S.G. § 1B1.2(d), a conviction on a count charging a conspiracy to commit more than one offense should be treated as if the defendant had been convicted on a separate count of conspiracy for each offense. The court found that the indictment's broad language encompassed the four robberies and that the district court correctly applied the guideline by including all four robberies in the offense level calculation. View "United States v. Mitchell" on Justia Law

In 2002, Chadrick Fulks and Brandon Basham engaged in a violent crime spree across several states, including carjacking, kidnapping, and murdering Alice Donovan. They were convicted in the District of South Carolina on multiple counts, including carjacking and kidnapping resulting in death, and were sentenced to death by a jury.Fulks and Basham later filed a successive motion under 28 U.S.C. § 2255, arguing that their firearms convictions under 18 U.S.C. § 924 were invalid. They contended that their carjacking convictions under 18 U.S.C. § 2119 no longer qualified as predicate “crimes of violence” under § 924, citing the Supreme Court’s decision in United States v. Taylor, which held that attempted Hobbs Act robbery was not a crime of violence. They argued that if attempted carjacking was not a crime of violence, then completed carjacking should not be considered a predicate crime of violence either. The district court denied their motion and granted a certificate of appealability.The United States Court of Appeals for the Fourth Circuit reviewed the case and affirmed the district court’s decision. The court held that the federal carjacking statute is divisible into completed and attempted carjacking. It concluded that completed carjacking is categorically a crime of violence under § 924(c)(3)’s force clause, relying on its previous decisions in United States v. Evans and United States v. Runyon. The court found that the Supreme Court’s decision in Taylor did not undermine these precedents. Additionally, the court determined that Fulks’s and Basham’s § 924 convictions were validly predicated on their carjacking convictions, as the carjacking and kidnapping were inextricably intertwined. Therefore, the Fourth Circuit affirmed the district court’s denial of the § 2255 motion. View "US v. Fulks" on Justia Law

In 2000, Antonio Lamont Lightfoot was convicted by a jury in the District of Maryland for bank robbery and using a firearm during a crime of violence. The government identified two prior convictions for serious violent felonies: a 1985 armed bank robbery in Virginia and a 1990 armed bank robbery in Michigan. Consequently, Lightfoot was sentenced to mandatory life imprisonment under the federal "three-strikes" law, 18 U.S.C. § 3559(c), and an additional seven years for the firearm charge. His convictions and sentence were affirmed on appeal, and subsequent collateral challenges were unsuccessful.Following the Supreme Court's 2015 decision in Johnson v. United States, which invalidated the residual clause of the Armed Career Criminal Act (ACCA) as unconstitutionally vague, Lightfoot sought to vacate his sentence under 28 U.S.C. § 2255. He argued that the residual clause of the "serious violent felony" definition in 18 U.S.C. § 3559(c) was similarly void for vagueness. The district court denied his motion, holding that Michigan bank robbery is a divisible offense and that Lightfoot was convicted of the assaultive version, which qualifies as a serious violent felony under the enumerated offenses clause.The United States Court of Appeals for the Fourth Circuit reviewed the case de novo. The court affirmed the district court's decision, concluding that Michigan's bank robbery statute is divisible into assaultive and non-assaultive offenses. Lightfoot was convicted of the assaultive version, which involves taking from another by force or intimidation. The court held that this offense qualifies as a serious violent felony under the enumerated offenses clause of the federal three-strikes law, 18 U.S.C. § 3559(c)(2)(F)(i). Therefore, Lightfoot's life sentence was upheld. View "United States v. Lightfoot" on Justia Law

Alvin Johnson pled guilty to possession with intent to distribute cocaine under a plea agreement. The agreement included a stipulation regarding the drug quantity and its base offense level but allowed the Government to make a sentencing recommendation. Johnson was initially sentenced to 128 months in prison, classified as a career offender based on prior convictions. He later successfully challenged one of these convictions, leading to a recalculated Guidelines range of 57-71 months.The United States District Court for the Eastern District of North Carolina initially sentenced Johnson to 128 months. Upon remand, after Johnson's successful challenge to his career offender status, the Probation Office recalculated his Guidelines range to 57-71 months. The Government then moved for an upward departure or variance, arguing that Johnson's criminal history warranted a higher sentence. The district court agreed and sentenced Johnson to 120 months.The United States Court of Appeals for the Fourth Circuit reviewed the case. Johnson argued that the Government breached the plea agreement by seeking a sentence above the recalculated Guidelines range. The court found that the plea agreement did not restrict the Government from recommending a higher sentence and that the Government had reserved the right to make a sentencing recommendation. The court held that the Government did not breach the plea agreement and affirmed the 120-month sentence. View "United States v. Johnson" on Justia Law

The case involves defendants Aghee William Smith II and David Alcorn, who were convicted in the Eastern District of Virginia for their roles in fraudulent schemes that defrauded investors of millions of dollars. The schemes included marketing and selling phony investments in a dental services marketing program and fraudulent spectrum investments. The fraudulent activities primarily targeted elderly victims, resulting in significant financial losses.In the district court, Smith and Alcorn were tried together before a jury in February 2022. They raised three main issues on appeal: a joint constitutional challenge to the district court’s COVID-19 trial protocol under the Public Trial Clause of the Sixth Amendment, Smith’s separate challenge to the admission of videotaped depositions under the Confrontation Clause, and Alcorn’s challenge to the imposition of supervised release conditions.The United States Court of Appeals for the Fourth Circuit reviewed the case. The court rejected Smith and Alcorn’s joint contention that the COVID-19 trial protocol violated their rights under the Public Trial Clause, finding that the protocol did not constitute a partial courtroom closure and was justified by substantial public health reasons. The court also rejected Smith’s Confrontation Clause challenge, concluding that the government had made a good faith effort to secure the witnesses’ presence at trial and that the witnesses were unavailable due to health concerns.However, the court found merit in Alcorn’s challenge regarding the imposition of supervised release conditions. The district court had failed to properly incorporate the standard conditions of supervised release during the oral pronouncement of Alcorn’s sentence, leading to a Rogers error. As a result, the Fourth Circuit vacated Alcorn’s sentences and remanded for resentencing.In summary, the Fourth Circuit affirmed Smith’s convictions and sentences, affirmed Alcorn’s convictions, but vacated Alcorn’s sentences and remanded for resentencing. View "United States v. Smith" on Justia Law

In April 2024, Russell Richardson Vane, IV, was arrested and charged with attempting to produce a biological agent or toxin, specifically ricin, in violation of 18 U.S.C. § 175(a). The FBI found castor beans and equipment for producing ricin in his home. Vane had previously been involved with a militia group, the Virginia Kekoas, and had shared information on making explosives. The group expelled him, suspecting entrapment, and reported him to the FBI. Vane was detained pending trial based on the government's evidence, including proffered information.A magistrate judge granted the government's motion for pretrial detention, and the district court affirmed this decision. Vane argued that 18 U.S.C. § 3142(f) only allows the defendant, not the government, to introduce information by proffer. The district court disagreed, noting that other circuit courts have allowed the government to use proffers in detention hearings. The court found that the totality of the circumstances, including the proffered evidence, justified Vane's detention.The United States Court of Appeals for the Fourth Circuit reviewed the case. The court held that 18 U.S.C. § 3142 does not prohibit the government from making evidentiary proffers during detention hearings. The court emphasized that the statute's text and context support allowing both parties to present information by proffer, promoting efficiency in detention proceedings. The court affirmed the district court's order, concluding that the government met its burden to justify Vane's pretrial detention. View "US v. Vane" on Justia Law

The case involves Makel Elboghdady, who was convicted of traveling in interstate commerce with the intent to engage in illicit sexual conduct, violating 18 U.S.C. § 2423(b) and (e). The conviction stemmed from an undercover operation where a West Virginia State Police officer posted an ad on Craigslist to attract child predators. Elboghdady responded to the ad and engaged in a series of communications with the undercover officer, which led to his travel from Ohio to West Virginia for a face-to-face meeting. Upon arrival, he was arrested and charged.In the United States District Court for the Southern District of West Virginia, Elboghdady was denied an entrapment defense and subsequently convicted by a jury. The district court sentenced him to 120 months’ imprisonment, applying an enhancement and cross-reference for crimes involving a victim under the age of 12. Elboghdady appealed, arguing that he was entitled to an entrapment defense and that his sentence was unreasonable.The United States Court of Appeals for the Fourth Circuit reviewed the case. The court affirmed the district court’s decision to deny the entrapment defense, finding no evidence of government overreach or inducement. However, the appellate court vacated Elboghdady’s sentence, determining that the district court improperly applied sentencing enhancements that required evidence of intent to engage with a minor under 12 years old. The appellate court found that the district court’s factual findings did not support the application of these enhancements. Consequently, the case was remanded for resentencing without the improper enhancements. View "United States v. Elboghdady" on Justia Law

In 1999, a Virginia state court jury convicted Askari Lumumba of second-degree murder and other related charges, sentencing him to fifty-eight years in prison. While serving his sentence, Lumumba engaged in communications that led to disciplinary action. He spoke on the phone about organizing inmates and sent emails discussing potential group actions within the prison. As a result, he was charged with attempting to garner support for a group demonstration, violating Disciplinary Offense Code 128, which prohibits participating in or encouraging work stoppages or group demonstrations.Lumumba's disciplinary hearing concluded with a finding of guilt, resulting in 30 days of disciplinary segregation and a loss of 180 days of good-conduct sentence credits. His appeals to the Warden and Regional Director were denied. He then petitioned for a writ of habeas corpus in the Supreme Court of Virginia, which was denied on jurisdictional grounds. Subsequently, Lumumba filed a federal habeas corpus petition under 28 U.S.C. § 2254, arguing that Offense Code 128 was void for vagueness and violated the First Amendment. The district court dismissed his petition, finding the regulation clear and reasonably related to legitimate penological interests.The United States Court of Appeals for the Fourth Circuit reviewed the case. The court held that Offense Code 128 is not facially unconstitutional under the First Amendment, as it reasonably relates to maintaining order and security in prisons. The court also found that the regulation is not void for vagueness, as it provides sufficient notice of prohibited conduct and does not invite arbitrary enforcement. Consequently, the Fourth Circuit affirmed the district court's dismissal of Lumumba's petition. View "Lumumba v. Kiser" on Justia Law

The case involves Izzat and Tarik Freitekh, who were convicted of various offenses related to a fraudulent Paycheck Protection Program (PPP) loan scheme. They received $1.75 million in PPP loan funds through false representations and fabricated documents. Izzat owned several businesses, and with Tarik's help, they submitted fraudulent loan applications. The funds were deposited into accounts controlled by Izzat, and he distributed some of the money to family members under the guise of payroll.The United States District Court for the Western District of North Carolina initially reviewed the case. Both defendants were indicted for bank fraud, conspiracy to commit wire fraud, and other related charges. During the trial, the court admitted testimony from their former attorneys, who had received and submitted falsified documents to the government. The jury found Izzat guilty of conspiracy to commit money laundering, money laundering, and making false statements, while Tarik was found guilty of conspiracy to commit wire fraud, bank fraud, conspiracy to commit money laundering, money laundering, and falsifying material facts.The United States Court of Appeals for the Fourth Circuit reviewed the case. The court affirmed the district court's decisions, holding that sufficient evidence supported the convictions. The court found that the circumstantial evidence, including emails and checks, was enough to prove Izzat's involvement in the money laundering conspiracy. The court also upheld the district court's reliance on acquitted conduct to calculate the sentencing enhancements, noting that the evidence presented at trial proved Izzat's participation in the fraudulent scheme by a preponderance of the evidence. The court also found no error in the district court's application of the "intended loss" definition in the sentencing guidelines. Tarik's arguments regarding the calculation of the loss amount and the application of the sophisticated means enhancement were also rejected. The court concluded that the district court had properly considered the relevant sentencing factors and affirmed the sentences imposed. View "United States v. Freitekh" on Justia Law

Maggie Anne Boler was convicted of six counts of presenting false claims against the United States by submitting fraudulent tax returns to the IRS and one count of making a false statement on a Paycheck Protection Program (PPP) loan application. Boler submitted six fraudulent tax returns, receiving refunds on four, totaling $116,106. Additionally, she falsely claimed a $20,833 PPP loan. She was sentenced to 30 months in prison.The United States District Court for the District of South Carolina calculated Boler's sentencing range based on the total intended financial harm, including the two denied tax returns, amounting to $180,222. Boler objected, arguing that only the actual loss should be considered, not the intended loss. The district court overruled her objection, holding that the term "loss" in the Sentencing Guidelines could include both actual and intended loss.The United States Court of Appeals for the Fourth Circuit reviewed the case. The court concluded that the term "loss" in the Sentencing Guidelines is genuinely ambiguous and can encompass both actual and intended loss. The court deferred to the Sentencing Guidelines' commentary, which defines "loss" as the greater of actual or intended loss. The court found that the district court correctly included the full intended loss in Boler's sentencing calculation. Therefore, the Fourth Circuit affirmed the district court's judgment, upholding Boler's 30-month sentence. View "United States v. Boler" on Justia Law