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This month, the Fourth Circuit issued its decision in United States v. Elbaz, 52 F.4th 593 (4th Cir. 2022) on rehearing. The Fourth Circuit clarified that the federal wire fraud statute does not apply extraterritorially, but that the use of United States wires to conduct foreign fraud can justify U.S. prosecution. This has ramifications for digital fraud and for venue
On Tuesday, October 11, 2022, the Court of Appeals for the District of Columbia Circuit, decided United States v. Curtis Jenkins, limiting the available rationale for compassionate release under the First Step Act (FSA). The court found that compassionate release was not available where substantial changes in the law radically reduced the sentence a defendant would face if he had
Last week, the government asked for—and the Fourth Circuit granted—a voluntary remand in United States v. Scott, No. 21-4532 (4th Cir. Sep. 23, 2022). Ten years ago, Mr. Scott was tried and convicted on multiple counts and sentenced to 100 years imprisonment. His sentence was so long because he was convicted of four firearm offenses under 18 U.S.C. § 924(c). This
On July 20, 2021, the U.S. Court of Appeals for the Fourth Circuit decided Appeal Number 20-4120, United States v. Alan Williams. Judge Rushing wrote for the Court. Judges Agee and Harris joined the opinion. In itself, the Court’s decision is not particularly interesting. Rather, what we find remarkable about it is how it illustrates the contrast between how courts
On July 21, 2021, the Court of Appeals for the Fourth Circuit decided Appeal Number 19-4466, United States v. Marysa Renee Comer. Judge Wynn wrote for the Court. Judges Keenan and Thacker joined the opinion. In a sentence, the Court approved a condition of supervised release that prohibited use of social media with permission from the U.S. Probation Office. This
Last Tuesday, June 22, 2021 the Court of Appeals for the Fourth Circuit decided United States v. Moody. This decision is unlikely to make any significant changes to legal doctrine. What is interesting about the Court’s opinion is the Court’s expression of doubt about the breadth of modern conspiracy law. The case arose when police stopped a car at roughly
For a while things were going well for former Virginia Governor Bob McDonnell’s appeal of his convictions for corruption related offenses. The Court allowed him to remain out of custody while the appeal was pending and the panel who heard his case – Judges Motz, King, and Thacker – was pretty favorable by Fourth Circuit standards. But the Court ruled
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