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

In 2023, Tovis Ation Richardson pled guilty to conspiracy to distribute and possess with intent to distribute methamphetamine, and possession with intent to distribute methamphetamine, under a written plea agreement. He was sentenced to 240 months in prison. Richardson appealed, raising two issues: whether the district court erred in applying a sentencing enhancement for firearm possession, and whether his counsel was ineffective for not objecting to this enhancement.The United States District Court for the Eastern District of North Carolina adopted the presentence report (PSR) which included a base offense level of 36, with two enhancements: one for firearm possession and another for maintaining a premises for drug distribution. The PSR also included reductions for acceptance of responsibility, resulting in a total offense level of 37 and a sentencing range of 210 to 262 months. Both parties recommended a 240-month sentence, which the district court imposed.The United States Court of Appeals for the Fourth Circuit reviewed the case. The court found that Richardson had waived his right to appeal the firearm enhancement in his plea agreement, which was valid and enforceable. The court also determined that Richardson’s claim of ineffective assistance of counsel did not conclusively appear in the record, as required for direct appeal. The court noted that the firearm enhancement was properly applied based on the discovery of a shotgun in Richardson’s car, which was used in the drug conspiracy. The court concluded that counsel’s failure to object to the enhancement did not constitute deficient performance under the Strickland standard.The Fourth Circuit affirmed the judgment of the district court, upholding Richardson’s 240-month sentence. View "United States v. Richardson" on Justia Law

Eric Walton, whose life sentence was commuted by the President, was found in possession of drugs and drug proceeds within a year of his release, violating the terms of his supervised release. Walton represented himself in the revocation proceedings, and the district court sentenced him to 60 months' imprisonment. Walton appealed, arguing that the court erred in allowing him to represent himself, lacked jurisdiction over his commuted sentence, and imposed an unreasonable sentence.The United States District Court for the Northern District of West Virginia revoked Walton's supervised release based on multiple violations, including committing new offenses and possessing controlled substances. Walton admitted to these violations during the revocation hearing. The court appointed counsel for Walton, but he chose to proceed pro se, with stand-by counsel available.The United States Court of Appeals for the Fourth Circuit reviewed the case. The court held that the district court retained jurisdiction over Walton's supervised release, as the commutation order explicitly left the supervised release term intact. The court also found that Walton knowingly and voluntarily chose to represent himself, given his extensive experience with the legal system and his clear and repeated requests to proceed pro se.Regarding the sentence, the Fourth Circuit determined that the district court did not err in its calculation of the Guidelines range or in its explanation of the sentence. The court noted that Walton's violations included a Grade A violation, justifying the 60-month sentence. The court also found that the district court adequately considered the relevant statutory factors and provided a sufficient explanation for the sentence imposed.The Fourth Circuit affirmed the district court's judgment, upholding Walton's 60-month imprisonment sentence for violating the terms of his supervised release. View "United States v. Walton" on Justia Law

Andrew David Krueger was convicted of receipt and possession of child sexual abuse material and sentenced to 78 months’ imprisonment. Krueger appealed his conviction, challenging the district court’s denial of his motion to suppress evidence discovered on his electronic devices pursuant to a search warrant. He argued that the search of his devices violated the Fourth Amendment due to alleged delays by law enforcement.The case began in January 2019 when Virginia state police observed illicit online activity at Krueger’s residence. Based on this activity, a state magistrate judge issued a search warrant in November 2019, leading to the seizure of Krueger’s electronic devices. The state police made forensic copies of the devices, which revealed hundreds of images depicting the sexual abuse of minors. Krueger was charged under Virginia law, but the charges were dismissed due to a missing affidavit in the warrant application. Federal officials then took up the prosecution, obtaining a federal search warrant in September 2022 to search the forensic copies of Krueger’s devices.The United States District Court for the Eastern District of Virginia denied Krueger’s motion to suppress, finding that the search did not violate the Fourth Amendment. The court held that the evidence from January 2019 was not stale by November 2019 and that the delay in obtaining the federal warrant was not unreasonable.The United States Court of Appeals for the Fourth Circuit affirmed the district court’s decision. The court held that the federal warrant was supported by probable cause, as the nature of child sexual abuse material and the use of the BitTorrent network indicated that Krueger was likely to retain such material. The court also found that the delay in obtaining the federal warrant did not affect the length of the seizure, as the devices remained in state custody throughout the proceedings. Therefore, the court affirmed Krueger’s conviction. View "United States v. Krueger" on Justia Law

Cory Fitzgerald Sanders, through his company SandTech, LLC, contracted with the federal government to supply teleconference equipment and support services. Sanders won contracts by bidding on the online platform "FedBid" and affirming that he would supply the requested equipment or services according to the contract terms. However, Sanders failed to fulfill these obligations, providing used equipment instead of new, misrepresenting his company's certifications, and using falsified documents to claim higher certification levels. After several contracts were terminated, Sanders formed a new company, CyCorp Technologies, LLC, to continue bidding on federal contracts, again using fraudulent means to secure contracts and conceal the true nature of the equipment provided.The United States District Court for the District of Maryland convicted Sanders of wire fraud, submitting false claims, and submitting a false document. Sanders was sentenced to 45 months in prison. He appealed, arguing that a jury instruction misstated the law and that the district court erred in applying a sentencing enhancement for using "sophisticated means" to carry out his fraud.The United States Court of Appeals for the Fourth Circuit reviewed the case. The court found no error in the jury instructions when considered as a whole, determining that they adequately informed the jury of the required intent and did not mislead or confuse them. The court also upheld the district court's application of the sophisticated means enhancement, noting that Sanders' conduct involved especially complex or intricate offense conduct, including the use of multiple business names, falsified certifications, and blind-shipping to conceal the source of equipment. The Fourth Circuit affirmed both Sanders' convictions and his sentence. View "United States v. Sanders" on Justia Law

Edin Anael Solis-Rodriguez, an illegal alien, brandished firearms in two separate incidents at local restaurants in Charlotte, North Carolina. In the second incident, he shot a patron, Chris Silva, at point-blank range, causing severe injuries. Solis-Rodriguez was charged with two counts of possessing a firearm as an illegal alien under 18 U.S.C. § 922(g)(5). He pled guilty to both counts.The United States District Court for the Western District of North Carolina accepted his guilty plea and sentenced him to a total of 180 months' imprisonment, with 120 months for the first count and 60 months for the second count, to be served consecutively. The court considered the presentence report, which included a 4-level enhancement for using a firearm in connection with attempted murder, resulting in a guidelines range of 151 to 188 months. Solis-Rodriguez's objections to the enhancement and the argument that the two offenses should be considered one continuing offense were rejected.The United States Court of Appeals for the Fourth Circuit reviewed the case. Solis-Rodriguez challenged the Rule 11 colloquy as plainly erroneous and his sentence as procedurally unreasonable. The Fourth Circuit assumed, without deciding, that there was a plain error in the Rule 11 colloquy but found that it did not affect Solis-Rodriguez’s substantial rights. The court also held that the district court adequately considered and explained the sentencing factors, including Solis-Rodriguez’s age and lack of violent criminal history, and found the sentence procedurally reasonable. Consequently, the Fourth Circuit affirmed the conviction and sentence. View "United States v. Solis-Rodriguez" on Justia Law

Alan Hicks was convicted of first-degree murder, conspiracy to commit murder, and grand larceny in West Virginia in 1988 and sentenced to life imprisonment without parole. In 2021, Hicks filed a federal habeas petition in the Southern District of West Virginia, challenging the validity of his imprisonment. The district court dismissed his petition, citing Hicks's failure to exhaust state remedies before seeking federal relief.Hicks's journey through the state court system began in 1989 with a motion for a reduced sentence, which the state court ignored for eight years. In 1997, Hicks filed a petition for postconviction relief, which was mishandled by multiple judges and attorneys over the next several decades. In 2019, the West Virginia Supreme Court ordered the state court to address Hicks's long-pending motions, but further delays ensued. By 2025, Hicks's state postconviction petition was finally resolved on the merits by a judge uninvolved in his prosecution.The United States Court of Appeals for the Fourth Circuit reviewed the case. Hicks argued that the extreme delay in his state postconviction proceedings rendered the state process ineffective, thus excusing his failure to exhaust state remedies under 28 U.S.C. § 2254(b)(1)(B)(ii). The Fourth Circuit, however, held that the statutory text requires a present ineffectiveness of the state process, not past delays. Since West Virginia had recently resolved Hicks's state postconviction petition, the court found no current ineffectiveness in the state process.The Fourth Circuit affirmed the district court's dismissal of Hicks's federal habeas petition, concluding that Hicks did not meet the statutory requirements to excuse his failure to exhaust state remedies. View "Hicks v. Frame" on Justia Law

Donald Booker owned and operated United Youth Care Services, which billed North Carolina’s Medicaid program for millions of dollars’ worth of medically unnecessary drug tests. Booker was involved in a scheme where his company, along with United Diagnostic Laboratories, recruited individuals to submit to drug testing, which was then billed to Medicaid. The company used several medical providers to certify the testing as medically necessary, even though these providers often did not meet with the beneficiaries. Booker directed the testing protocols, which included testing all participants twice per week regardless of medical need. He also arranged kickback schemes with other entities to recruit Medicaid beneficiaries for the drug tests.The United States District Court for the Western District of North Carolina convicted Booker on ten counts, including conspiracy to defraud the United States, commit health care fraud, pay illegal kickbacks, and money laundering. Booker represented himself at trial, and the jury found him guilty on all counts. The district court denied his motion for judgment of acquittal and sentenced him to 200 months in prison, considering a loss amount exceeding $9.5 million.The United States Court of Appeals for the Fourth Circuit reviewed the case and affirmed the district court’s judgment. The appellate court found that there was substantial evidence to support Booker’s convictions, including testimony from co-conspirators and evidence of kickback payments. The court also rejected Booker’s arguments regarding the nondelegation doctrine, the sufficiency of the evidence for his money-laundering convictions, and the alleged Confrontation Clause violations. The court upheld the district court’s loss-amount calculation and found Booker’s sentence to be substantively reasonable, noting that his co-defendants were not similarly situated and had cooperated with the government. View "United States v. Booker" on Justia Law

Dr. Ron Elfenbein, who runs an urgent-care clinic in Maryland, was charged with healthcare fraud for allegedly overbilling insurers by using high-level codes for simple COVID-19 tests and submitting false medical records. The clinic, which shifted to primarily COVID-19 testing during the pandemic, billed five patient visits at level four, which is typically reserved for more complex medical decision-making.In the United States District Court for the District of Maryland, a jury found Elfenbein guilty on all charges after an 11-day trial. However, the district court acquitted him, reasoning that the evidence was insufficient to support the jury's verdict. The court also conditionally granted a new trial, citing the close nature of the case and the significant evidence that came from Elfenbein's own witnesses.The United States Court of Appeals for the Fourth Circuit reviewed the case. The court found that the jury had enough evidence to convict Elfenbein, as the government presented sufficient testimony and documentation to support the charges of overbilling and submitting false records. The court noted that the jury could reasonably conclude that the level-four codes were inappropriate for the simple COVID-19 tests and that the medical records were materially false.However, the Fourth Circuit also affirmed the district court's decision to grant a new trial. The appellate court acknowledged that the district court did not abuse its discretion in ordering a new trial, given the weaknesses in the government's case-in-chief and the significant evidence that came from the defense. The case was remanded for a new trial. View "United States v. Elfenbein" on Justia Law

Marilyn Mosby, the former Baltimore City State’s Attorney, was convicted of mortgage fraud and perjury in separate jury trials. She appealed her perjury convictions, arguing that the question on the form she completed to withdraw funds from her retirement account was fundamentally ambiguous. She also contended that the district court improperly admitted evidence regarding her use of the withdrawn funds. For her mortgage fraud conviction, she argued that the district court gave an erroneous venue instruction, the evidence did not support the jury’s finding on venue, and the court improperly allowed cross-examination about her perjury convictions. Additionally, she challenged the district court’s forfeiture order as unauthorized and excessive.The United States District Court for the District of Maryland denied Mosby’s motion to dismiss the perjury counts, finding the term “adverse financial consequences” on the form was not fundamentally ambiguous. The court also allowed evidence of how Mosby used the withdrawn funds, deeming it relevant to whether she experienced adverse financial consequences due to COVID-19. Mosby was convicted on both perjury counts. In her mortgage fraud trial, the court permitted cross-examination about her perjury convictions and gave a jury instruction on venue that Mosby argued was improper. She was convicted of mortgage fraud based on a false gift letter used to purchase a property in Florida.The United States Court of Appeals for the Fourth Circuit affirmed Mosby’s perjury convictions, finding no error in the district court’s rulings. However, the appellate court vacated her mortgage fraud conviction, agreeing that the district court’s jury instruction on venue was erroneous and could have led the jury to base its decision on preparatory acts rather than essential conduct elements. Consequently, the court also vacated the related forfeiture order and remanded the case for further proceedings. View "United States v. Mosby" on Justia Law

Shaheem Johnson was involved in a multi-state drug-trafficking enterprise during the 1990s, which led to the deaths of five people. Johnson was directly responsible for the deaths of Bernard Franklin and Richard Villa. He was charged with murder in aid of racketeering and other related offenses. Johnson was convicted by a jury and sentenced to two life terms plus 790 months in prison. His convictions were affirmed on direct appeal.Johnson filed a pro se motion for compassionate release in March 2021, which was supplemented by his counsel. The motion argued that the sentencing disparities between Johnson and his co-conspirators, who received significantly reduced sentences after cooperating with the government, constituted extraordinary and compelling reasons for a sentence reduction. The United States District Court for the Eastern District of Virginia granted Johnson's motion in part, reducing his sentence to 35 years in prison, citing the sentencing disparities as a key factor.The United States Court of Appeals for the Fourth Circuit reviewed the district court's decision. The court held that the district court did not abuse its discretion in finding that the sentencing disparities between Johnson and his co-conspirators, Damein Piranti, Rickey Piranti, and Eldon Brown, weighed in favor of granting compassionate release. The court noted that the district court was entitled to consider these disparities, especially given the jury's findings regarding Johnson's lesser role in the killings. The Fourth Circuit affirmed the district court's order reducing Johnson's sentence. View "United States v. Johnson" on Justia Law