Currently Browsing:Fourth Circuit Decision

US v. Robert McLamb (No. 17-4299) McLamb challenges the district court’s order denying his motion to suppress evidence of child pornography contained on a hard drive recovered at his home. The FBI obtained the evidence in the course of its investigation of a child pornography website called “Playpen,” a hidden services message board located on

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United States v. Oliver (No. 15-4376) In Oliver, the Fourth Circuit addressed the Court’s authority to dismiss a criminal appeal as untimely sua sponte. Oliver filed his appeal nearly three months after the denial of his §2255 petition, and several years after his actual conviction. The Court notes that “when the Government promptly invokes the rule [setting

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US v. Michael Lawrence Maynes (No. 16-4732) “Michael Maynes was a pimp,” this opinion begins. It quickly goes downhill for the appellant from there. Maynes was convicted of sex trafficking by use of force, fraud, or coercion, in violation of 18 U.S.C. § 1591(a). The allegations in this case were that Maynes convinced several women to

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US v. Donald Covington (No. 17-4120) Covington pleaded guilty to distribution of heroin. His PSR classified him as a career offender based on his two prior felony convictions. At issue in this appeal is his prior conviction for “unlawful wounding” under West Virginia law. The district court found that the latter conviction was not a

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US v. Edgar Searcy (No. 16-6833) The appellant was convicted in 2003 for using interstate commerce to engage in sexual activity with a minor. He received a sentence of 180 months imprisonment. While he was incarcerated, Congress passed the Adam Walsh Child Protection and Safety Act (18 U.S.C. § 4248). Among other things, this law provides

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In re: Jarius Dama Phillips (No. 16-9566) Defendant was convicted in Virginia state court for abduction, rape, and related charges. He was 17 years old at the time of the offense, and was sentenced to four terms of life imprisonment. Virginia has abolished traditional parole, thus these sentences amount to a life-without-parole sentence, as it

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United States v. Jolon Carthorne (No. 16-6515) The defendant was convicted of possession of a firearm in furtherance of a drug trafficking crime. At sentencing, the probation officer’s presentence report indicated that defendant was subject to the career offender enhancement, due in part to his prior conviction for Assault and Battery of a Police Officer

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United States v. Dean Stitz (No. 16-4813) The defendant was convicted for distributing child pornography after making files available for download on a peer-to-peer file sharing network. On appeal, he argues that the district court erred in finding a factual basis for his guilty plea, because he lacked specific intent to distribute child pornography. The

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U.S. v. Benjamin Cornelius Blue (No. 16-4537) Defendant-Appellant Benjamin Cornelius Blue appeals his 272-month sentence, which the district court imposed after Blue pled guilty to armed bank robbery and brandishing a firearm during a crime of violence. On appeal, Blue argues that his sentence is unreasonable because the district court failed to address his non-frivolous arguments

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United States v. Moshin Raza (No. 16-4247) United States v. Farukh Iqbal (No. 16-4259) United States v. Mohammad Ali Haider (No. 16-4261) United States v. Humaira Iqbal (No. 16-4262) The defendants were convicted by a jury in the Eastern District of Virginia of the offenses of wire fraud and conspiracy to commit wire fraud . Their

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