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

The defendant, Bobby Lee Minton, who has a history of mental illness and substance abuse, was convicted of possessing a firearm after being convicted of a felony. The incident began when Minton knocked on a stranger's door asking for water and ended with him pulling out a gun. Minton appealed his conviction, arguing that the district court erred in not dismissing the indictment under the Speedy Trial Act.The district court had found Minton incompetent to stand trial on June 11, 2020, and his competency was restored on September 27, 2021. The dispute in this appeal was about how much of the 473-day period between these two dates should be included in the Speedy Trial Act calculation. Minton argued that 129 days of the incompetency period should be included, as he was not transported to a facility for competency restoration until 139 days after the court committed him to the Attorney General's custody. He based his argument on 18 U.S.C. § 3161(h)(1)(F), which presumes delays of more than 10 days in transporting a defendant to be unreasonable.The United States Court of Appeals for the Fourth Circuit disagreed with Minton's argument. The court held that the entire period of Minton's legal incompetency was excluded from the Speedy Trial Act's 70-day trial clock under 18 U.S.C. § 3161(h)(4), which excludes any period of delay resulting from the fact that the defendant is mentally incompetent or physically unable to stand trial. The court affirmed the district court's judgment, concluding that the district court correctly denied Minton's motion to dismiss under the Speedy Trial Act. View "United States v. Minton" on Justia Law

Andre Ricardo Briscoe was involved in the purchase and sale of narcotics in Baltimore. He learned from a contact, Kiara Haynes, that Jennifer Jeffrey had received a large supply of heroin. Briscoe and Haynes decided to rob Jeffrey. Briscoe went to Jeffrey’s house, robbed her of at least 80 grams of narcotics, shot and killed her, and shot and killed her seven-year-old son, K.B., whom Briscoe feared might testify against him. Briscoe was arrested and initially charged with possession with intent to distribute narcotics, conspiracy to distribute narcotics, and possessing a firearm as a convicted felon. A later superseding indictment added three new counts: two counts of murder with a firearm during the commission of a drug trafficking crime and one count of killing a witness to prevent communication with law enforcement. After a twelve-day jury trial, Briscoe was convicted on all charges.The United States District Court for the District of Maryland denied Briscoe's motion to dismiss the indictment as barred by the statute of limitations, concluding that the indictment related back to the earlier filed information. The court also denied Briscoe's motion to suppress evidence obtained through the use of a cell site simulator, finding that the police had obtained a tracking order which authorized them to use the simulator. The court further found that the police had obtained consent to search the apartment where Briscoe was found and that their subsequent actions were part of a lawful protective sweep of the apartment.The United States Court of Appeals for the Fourth Circuit affirmed the district court's decision. The court held that the government properly tolled the statute of limitations by filing an information within the five-year period and that the subsequent indictment related back to that filing. The court also held that the police had authority to use a cell site simulator to obtain Briscoe's location information and to search the apartment where he was found. The court rejected Briscoe's arguments that the government committed a Brady violation by failing to follow up on whether any footage was contained on a broken camera and that the government knowingly relied upon false testimony to secure his conviction. The court further held that the evidence was sufficient to convict Briscoe on all counts. View "United States v. Briscoe" on Justia Law

The case involves Donald Herrington, who was charged with multiple counts of perjury, obtaining money by false pretenses, filing false or fraudulent income tax returns, failure to file an income tax return, and drug possession. Herrington chose to represent himself in court, waiving his right to counsel. He was eventually convicted on several charges and sentenced to twelve years' imprisonment. Herrington appealed his conviction, arguing that his Sixth Amendment right to counsel was violated and that his appellate counsel was ineffective for failing to bring two meritorious arguments on direct appeal.The case was initially heard in the United States District Court for the Eastern District of Virginia, which rejected Herrington's arguments and denied his petition. Herrington then appealed to the United States Court of Appeals for the Fourth Circuit.The Fourth Circuit affirmed the district court's decision in part, reversed in part, and remanded with instructions. The court found that Herrington knowingly, unequivocally, and voluntarily waived his right to counsel, thus affirming that aspect of the district court's decision. However, the court agreed with Herrington that his appellate counsel was ineffective for failing to argue that the jury was erroneously instructed on the requirements for a conviction for failure to file a tax return. The court reversed this part of the district court's decision and remanded the case with instructions to issue a writ of habeas corpus unless Herrington is afforded a new state court appeal in which he may raise this claim. View "Herrington v. Dotson" on Justia Law

The case involves Austin Kyle Lee, who was found guilty of several federal drug and firearm offenses. After serving over four years in a New York prison for selling cocaine, Lee was released in late 2015 and moved to North Carolina, where he resumed selling drugs. A search of his residences revealed distribution quantities of a fentanyl–heroin mixture, cocaine, and marijuana; handguns and ammunition; packaging material; and over $200,000 in cash. A federal grand jury returned a superseding indictment charging Lee with multiple offenses, including conspiracy to distribute and possess with intent to distribute one kilogram or more of heroin, five kilograms or more of cocaine, and a quantity of marijuana, among others.The district court found Lee guilty on all counts. The court also found additional facts that increased Lee’s mandatory minimum sentence for those crimes. Lee appealed, arguing that this judicial factfinding violated his Sixth Amendment right to a jury trial. The Government agreed but contended that the district court’s procedural error was harmless because proof of the relevant facts was overwhelming and uncontroverted.The United States Court of Appeals for the Fourth Circuit affirmed the district court’s judgment. The court agreed with the Government that any procedural error in the district court’s determination that the serious drug felony enhancement applied to increase Lee’s statutory sentencing range was harmless. The court noted that Lee conceded that, under existing law, the judge could decide the fact of his prior conviction without a jury. Furthermore, the Government’s proof of the other two elements—concerning the duration and recency of his incarceration for that offense—was overwhelming and uncontroverted. View "United States v. Lee" on Justia Law

The case involves David Thurston, a registered sex offender, who moved to Avery County, North Carolina, where Kevin Frye served as Sheriff and Lee Buchanan was the Deputy in charge of sex-offender registrations. Thurston informed Sheriff Frye that he had been invited to his nephew’s wedding in Spokane, Washington, and sought advice on how to comply with the law and asked for permission to attend the wedding. Sheriff Frye gave Thurston permission to travel and instructed him to email a copy of his Washington visitor-registration form within ten days of his arrival. However, while Thurston was away, the Sheriff’s Office mailed his verification form. Thurston contacted Sheriff Frye for guidance, but Sheriff Frye never responded. Deputy Buchanan began investigating Thurston and obtained a warrant alleging three different criminal violations. Thurston was arrested upon his return to North Carolina.The United States District Court for the Western District of North Carolina denied the officers' motion for summary judgment, arguing that they were entitled to qualified immunity because their arrest of Thurston did not violate his Fourth Amendment rights. The officers appealed this decision.The United States Court of Appeals for the Fourth Circuit affirmed the lower court's decision. The court found that Thurston’s arrest was unconstitutional and that the officers failed to prove that they acted objectively reasonably in seeking Thurston’s arrest warrant. The court also concluded that the officers were not entitled to qualified immunity because Thurston’s right to be free from unlawful arrest was clearly established. View "Thurston v. Frye" on Justia Law

Antonio Davis, who was serving a 210-month prison sentence for conspiracy to possess with intent to distribute heroin, petitioned the district court for compassionate release due to his elevated risk of severe COVID-19 and a change in the law regarding his career offender status. The district court denied his request, concluding that Davis was not due compassionate release based on his susceptibility to COVID-19 and did not fully consider each of Davis’s arguments.Davis was indicted on charges of conspiracy to distribute and conspiracy to possess with intent to distribute heroin in January 2013. He pled guilty to conspiracy to possess with intent to distribute heroin in June of that year. Davis received a career offender enhancement because he had previously been convicted of certain other offenses and because the offense at issue here was a “controlled substance offense” at the time of conviction. In February 2021, Davis filed a pro se motion for compassionate release under 18 U.S.C. § 3582(c)(1)(A), arguing that he was uniquely susceptible to the potential spread of COVID-19 due to his type-2 diabetes and hypertension. He also argued that a recent court decision invalidated his career offender Guidelines designation.The United States Court of Appeals for the Fourth Circuit affirmed in part, vacated and remanded in part the district court's decision. The court concluded that the district court did not abuse its discretion in finding that Davis failed to show extraordinary and compelling reasons for release based on the pandemic. However, the court found that the district court did not properly address Davis’s arguments regarding intervening changes in law and rehabilitation. Therefore, the court vacated the district court’s denial of compassionate relief and remanded for further proceedings. View "United States v. Davis" on Justia Law

The United States Court of Appeals for the Fourth Circuit affirmed the convictions of seven members of the "36th Street Bang Squad" gang. The gang members were charged with racketeering conspiracy, murder, attempted murder, and related crimes, following a string of murders, attempted murders, and assaults in 2015 and 2017. The defendants appealed, raising several issues including challenges to the classification of their racketeering offenses as crimes of violence, the denial of their motions to exclude testimony of three forensic experts, and the denial of their motions for judgment of acquittal and for a mistrial. The court found no reversible error and affirmed the convictions. The court also held that an attempt offense qualifies as a crime of violence if the completed offense invariably requires the use of physical force. View "United States v. Hunt" on Justia Law

The case involves Jerod Montrel Askew, who was convicted of various crimes related to drug trafficking, including two counts of possession of a firearm in furtherance of a drug trafficking crime. Askew appealed his convictions on several grounds, including erroneous jury instructions, insufficient evidence to support a guilty verdict for the firearm-related convictions, an abuse of discretion in offering a sua sponte jury instruction about the legality of the search warrants, and an abuse of discretion in denying his motion for a mistrial after the prosecution referred to his invocation of the right to counsel during closing arguments.The United States District Court for the Eastern District of Virginia had previously denied Askew's motions for a new trial and for a judgment of acquittal. Askew was sentenced to a total term of 198 months of imprisonment and five years of supervised release.The United States Court of Appeals for the Fourth Circuit affirmed Askew’s conviction. The court found no error in the jury instructions, no insufficiency in the evidence supporting the firearm-related convictions, no abuse of discretion in the district court's sua sponte jury instruction about the legality of the search warrants, and no abuse of discretion in denying Askew's motion for a mistrial. The court concluded that the prosecution's brief remark about Askew's invocation of his right to counsel did not amount to impermissible exploitation. View "United States v. Askew" on Justia Law

The case involves Darryl Colton Frazer, who was convicted and sentenced on drug and firearm offenses in 2023 in the District of Maryland. The charges stemmed from an incident in 2019 when Frazer was stopped by police officers who had reasonable suspicion to conduct an investigatory stop. Frazer had thrown away a black bag just before he was apprehended, which was later found to contain a firearm and approximately 100 grams of marijuana. Frazer unsuccessfully moved to suppress this evidence, arguing that the officers lacked reasonable suspicion to stop him and that they needed a warrant to search the bag.The District Court rejected Frazer's suppression effort, ruling that the police officers had reasonable suspicion to conduct an investigatory stop and could constitutionally search the bag that Frazer had discarded. Frazer was subsequently convicted for three offenses and sentenced to 72 months in prison. He appealed, challenging the denial of his suppression motion and the court’s failure to give a reasonable doubt instruction.The United States Court of Appeals for the Fourth Circuit affirmed the lower court's decision. The court found that the officers had reasonable suspicion to stop Frazer, based on his headlong flight and noncompliance with the officers' commands. The court also ruled that Frazer had voluntarily abandoned his bag, and thus lacked Fourth Amendment standing to challenge the search. Regarding the reasonable doubt instruction, the court held that the district court was not required to define reasonable doubt to the jury, and thus did not abuse its discretion by declining to give the instruction. View "United States v. Frazer" on Justia Law

The United States Court of Appeals for the Fourth Circuit affirmed the district court's decision that the Federal Bureau of Investigation (FBI) could withhold records relating to a criminal investigation based on Exemption 7(A) of the Freedom of Information Act (FOIA). This exemption allows federal agencies to withhold records if their release could reasonably be expected to interfere with law enforcement proceedings.In the case, Mark Zaid, an attorney, requested records related to the FBI's criminal investigation into one of his clients, Zackary Sanders, who had been charged with production and possession of child pornography. The FBI refused to release the requested records, citing Exemption 7(A) of FOIA. Zaid then sued the FBI to release the records, but the district court found the records were exempt from disclosure.The appeals court agreed with the district court's decision, stating that the disclosure of these records could reasonably be expected to interfere with ongoing or future investigations and prosecutions of child pornography cases. The court also noted that forcing the FBI to disclose information exchanged between law enforcement agencies could make those agencies hesitant to share information in the future, which would harm FBI investigations. The court also dismissed Zaid's arguments that cited two decisions from the Middle District of Florida, stating those decisions were not binding on the district court or the appeals court. View "Zaid v. Department of Justice" on Justia Law