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

Gilbert Devon Melvin, after serving over 20 years in federal prison for drug and firearm offenses, was released in March 2021 and began a five-year term of supervised release. In August 2023, Melvin's mental health deteriorated, and he was arrested for trespassing. At the revocation hearing, the district court initially agreed to terminate Melvin's supervised release and enter a time-served sentence. However, Melvin had an outburst in court, which led the court to conclude that he posed a danger to the public and his probation officers. As a result, the court withdrew its initial agreement to a time-served sentence and instead decided to maintain Melvin's supervised release with an additional mental health condition.The district court's decision was based on Melvin's behavior during the revocation hearing. The court initially agreed to terminate Melvin's supervised release and enter a time-served sentence. However, after Melvin's outburst, the court concluded that he posed a danger to the public and his probation officers. The court then withdrew its initial agreement and decided to maintain Melvin's supervised release with an additional mental health condition.On appeal to the United States Court of Appeals for the Fourth Circuit, Melvin argued that the district court lacked the authority to withdraw or modify the time-served sentence it had initially agreed to impose. The Fourth Circuit disagreed, affirming the district court's decision. The court held that a sentence is not imposed until it has been unequivocally pronounced during the sentencing hearing, and there has been a formal break in the proceedings from which to logically and reasonably conclude that sentencing had finished. The court found that the district court's initial acceptance of a time-served sentence was tentative and that the court had the authority to modify that sentence when Melvin addressed the bench only moments later, during the course of the same sentencing hearing. View "US v. Melvin" on Justia Law

The case involves Quentin Lowell Horsley, who was convicted of conspiring to distribute, and possession with intent to distribute, cocaine, methamphetamine, heroin, and cocaine base, as well as three counts of distributing cocaine. The evidence against Horsley included witness testimony, text messages, evidence of controlled buys, and drugs and cash seized during searches. Horsley challenged the admission of several items of evidence, including a cellphone seized without a warrant and the search of a car tied to him. He also challenged the testimony of an officer who interpreted text messages and the handling of the verdict form by the district court.The United States District Court for the Western District of Virginia denied Horsley's motion to suppress the cellphone and the fruits of the car search. The court also allowed the officer's testimony and handled the verdict form in a way that Horsley contested.On appeal, the United States Court of Appeals for the Fourth Circuit held that the district court erred in failing to suppress the evidence from the cellphone seized at the time of Horsley's arrest, but given the weight of the evidence against Horsley, the error was harmless. The court also held that the search of the car and its contents was proper, and that the district court did not plainly err in allowing the officer's testimony. The court found no error in connection with the district court’s handling of the verdict form. Therefore, the court affirmed the conviction. View "US v. Horsley" on Justia Law

Adams Outdoor Advertising Limited Partnership, a company that constructs, manages, designs, and repairs billboards, clashed with Beaufort County over the county's billboard policy. The county sought to phase out billboards within its borders by prohibiting the construction of new billboards and restricting structural repairs of old ones. Adams was issued a criminal citation for performing structural repairs on two old billboards without seeking authorization. Additionally, Adams filed eleven applications requesting permits to construct new commercial billboards with digital displays, each of which was denied. Adams sought to challenge Beaufort County’s local ordinance regulating billboards, along with several other local sign regulations.The district court dismissed all of Adams’s claims with prejudice. The claims related to the criminal citation were dismissed under the Younger abstention doctrine, and those related to the permit denials were dismissed for lack of jurisdiction. Adams appealed the decision.The United States Court of Appeals for the Fourth Circuit agreed with each of the district court’s dismissal determinations. However, it noted that the claims dismissed for lack of jurisdiction should have been dismissed without prejudice. The court remanded those claims with the instruction that their dismissal be amended to dismissal without prejudice. The court also found that Adams did not have standing to challenge certain provisions of the county's sign ordinance, as it had not demonstrated that it had been adversely affected by those provisions. The court concluded that the case belongs in state court due to the state's interest in land-use planning and development, the ongoing state court proceedings, and the jurisdictional hurdles faced by Adams. View "Adams Outdoor Advertising Limited Partnership v. Beaufort County" on Justia Law

The case involves Vera and Trecika Dunlap, a mother and daughter who pleaded guilty to jury tampering. The Dunlaps had followed a juror from a separate criminal trial involving their family members and offered him money in exchange for a not-guilty vote. They entered into plea agreements under Federal Rule of Criminal Procedure 11(c)(1)(C), agreeing to serve twelve months and one day of incarceration. However, they argue that the district court accepted the plea agreements but then imposed a higher sentence than that stipulated in the plea agreements.The district court, which had presided over the trial during which the jury tampering occurred, expressed hesitation about imposing the stipulated sentence due to the seriousness of the offense. The court determined that it would reject the plea agreement provision that required a sentence of a year and a day, believing it was not a sufficient sentence for the offense under the circumstances. The court then informed the Dunlaps that they had the right to withdraw their plea and calculated the applicable guidelines range to be 46 to 57 months. The court eventually sentenced each of the Dunlaps to 36 months.The United States Court of Appeals for the Fourth Circuit held that when the record is ambiguous as to whether a district court accepted or rejected a Rule 11(c)(1)(C) plea agreement, such ambiguity must be construed in the defendant’s favor. The court concluded that the record in this case was ambiguous and thus construed it in the manner urged by the Dunlaps. Accordingly, the court deemed the district court to have accepted (and been bound by) the terms of the plea agreements between the Dunlaps and the government. The court vacated the judgments and remanded the case with instructions to reenter the judgments consistent with the terms of the plea agreements and this opinion. View "United States v. Dunlap" on Justia Law

The case involves Earl Johnson, a former inmate of the Maryland Correctional Training Center, who alleged that corrections officer Chad Zimmerman sexually harassed and abused him during strip searches, in violation of his Fourth and Eighth Amendment rights. Johnson also sued Zimmerman’s supervisor, Lt. Richard Robinette, alleging supervisory and bystander liability. The district court dismissed Johnson’s claims against Robinette due to failure to exhaust administrative remedies but held that Johnson’s claims against Zimmerman were exempt from this requirement. The court also granted summary judgment to Zimmerman and Robinette on the merits of Johnson’s claims.The United States Court of Appeals for the Fourth Circuit held that the district court erred in concluding that Johnson’s claims against Robinette were subject to exhaustion requirements. However, the court affirmed the district court’s decision to grant summary judgment to both defendants. The court found that the strip searches, including those involving momentary touchings of Johnson’s genitalia or buttocks, did not rise to the level of an unreasonable search under the Fourth Amendment. The court also found that Johnson failed to present sufficient evidence to prove that Zimmerman had the requisite malicious intent to sexually abuse him, sexually arouse him or himself, or otherwise gratify sexual desire. Furthermore, the court found that Johnson’s evidence fell short of establishing supervisory or bystander liability against Robinette. View "Johnson v. Robinette" on Justia Law

Marcus Antonio Ashford pleaded guilty to two counts of drug-related crimes. As part of his plea agreement, he voluntarily and knowingly waived his right to contest either the conviction or the sentence in any direct appeal, with the exception of claims of ineffective assistance of counsel. At Ashford's sentencing hearing, the court sentenced him to 168 months' imprisonment and eight years of supervised release. After the sentence was imposed, Ashford's counsel indicated that Ashford wished to address the court. The court allowed Ashford to speak but did not alter the sentence. Ashford subsequently appealed, arguing that the court's failure to allow him to speak before the sentence was imposed constituted reversible error.The United States District Court for the District of South Carolina had sentenced Ashford without first giving him the opportunity to allocute. Ashford's appeal was based on the contention that this omission constituted reversible error and he asked the United States Court of Appeals for the Fourth Circuit to vacate his sentence and remand for resentencing.The United States Court of Appeals for the Fourth Circuit concluded that Ashford's allocution challenge was barred by the appellate waiver in his plea agreement. The court dismissed the appeal as to that issue and any other issues falling under the appellate waiver, and affirmed as to all other issues. The court held that the Government had properly asserted the appeal waiver in its supplemental response brief, and that it was not required to raise the waiver in response to Ashford's pro se brief. The court also found no meritorious grounds for appeal outside the scope of Ashford's valid appeal waiver. View "US v. Ashford" on Justia Law

Five members of the Baltimore-based gang, Murdaland Mafia Piru (MMP), appealed their convictions and sentences. The defendants were convicted of various crimes, including conspiracy under the Racketeer Influenced and Corrupt Organizations Act (RICO), conspiracy to distribute controlled substances, and possession of a firearm and ammunition as convicted felons. The United States Court of Appeals for the Fourth Circuit affirmed most of the convictions and sentences, but reversed two convictions for Shakeen Davis due to a violation of Rehaif v. United States, which requires the government to prove that a defendant knew he was a felon at the time he possessed a firearm. The court remanded the case for entry of a corrected judgment. The court rejected the other defendants' arguments, including claims of evidentiary errors, failure to enforce a plea agreement, and challenges to the reasonableness of their sentences. View "US v. Banks" on Justia Law

The case involves El Shafee Elsheikh, a former citizen of the United Kingdom who joined the Islamic State of Iraq and al-Sham (ISIS) in 2012. Along with others, Elsheikh captured and held hostage several foreign nationals, including United States and United Kingdom citizens. Some hostages were released, while others were executed, with their deaths featured in ISIS propaganda materials. The hostages referred to their captors as "the Beatles" due to their British accents. Elsheikh was captured in 2018 by the Syrian Democratic Forces (SDF) while attempting to flee Syria.In the United States District Court for the Eastern District of Virginia, Elsheikh was indicted on eight counts, including conspiracy to commit hostage taking, resulting in death, hostage taking resulting in death, conspiracy to murder United States citizens outside of the United States, and conspiracy to provide material support or resources to a designated terrorist organization (ISIS), resulting in death. Elsheikh was found guilty on all counts and sentenced to eight terms of life imprisonment.In the United States Court of Appeals for the Fourth Circuit, Elsheikh appealed his convictions, challenging the admissibility of certain evidence against him at trial. The court affirmed Elsheikh’s convictions and sentences, finding no reversible errors occurred during the trial. The court concluded that Elsheikh received a fair trial as guaranteed by the Constitution and laws. View "United States v. El Elsheikh" on Justia Law

The defendant, Zavien Lenoy Canada, was convicted of violating 18 U.S.C. § 922(g)(1), commonly known as the "felon-in-possession" offense. On appeal, Canada made two arguments: (1) that Section 922(g)(1) is facially unconstitutional, and (2) that the district court erred in imposing an enhanced sentence under the Armed Career Criminal Act (ACCA).The United States District Court for the District of South Carolina had previously convicted Canada and imposed an enhanced sentence under the ACCA. The district court identified three previous convictions, one of which was for criminal domestic violence under South Carolina law, as the basis for the enhanced sentence.The United States Court of Appeals for the Fourth Circuit rejected Canada's assertion that Section 922(g)(1) is facially unconstitutional. The court stated that the law has a "plainly legitimate sweep" and can be constitutionally applied in some circumstances. However, the court agreed with Canada's second argument, ruling that the district court erred in sentencing Canada under the ACCA. The court noted that one of the three convictions identified by the district court, criminal domestic violence, does not constitute a violent felony under the ACCA according to recent decisions. Therefore, the court vacated the district court's judgment and remanded the case for resentencing. View "US v. Canada" on Justia Law

The case involves Robert James McCabe, a former sheriff of the City of Norfolk, Virginia, who was convicted of carrying out fraud and bribery schemes with contractors concerning medical and food services for prisoners in the Norfolk Jail. Over 20 years, McCabe provided favored contractors with inside information about competing bids for the Jail’s contracts, altered and extended contracts for their benefit, and received various things of substantial value in return. McCabe was convicted of 11 federal offenses, including charges of conspiracy, honest services mail fraud, Hobbs Act extortion, and money laundering. He was sentenced to 144 months in prison, plus supervised release.McCabe appealed his convictions and sentences, raising four contentions of error. He argued that his trial was unfairly conducted before a trial of a co-defendant, that the trial court erred by admitting hearsay statements, that the jury instructions were incorrect, and that the court wrongly applied an 18-level sentencing enhancement. The United States Court of Appeals for the Fourth Circuit rejected all of McCabe’s contentions and affirmed his convictions and sentences. View "US v. McCabe" on Justia Law