Virginia Lawyers Weekly VA Lawyers Weekly

Although the defendant challenged the search warrant that led to his plea to possession of child pornography, there was probable cause for the warrant because the facts in the affidavit supported a reasonable inference that someone using his IP address ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Albert Diaz

Although the government persuaded the district court to impose a sentence above the guidelines range, the plea agreement allowed only the defendant, not the government, to ask for a sentence outside the recommended range. Background Pursuant to a plea agreement, ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge James A. Wynn Jr.

Where agents demonstrated that a wiretap was necessary in light of the defendant’s remote location and the lack of success that traditional investigative methods had against his co-conspirator, the defendant charged with conspiracy could not suppress the evidence. Background Demetrius ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Albert Diaz

Where the court acted pursuant to the Formerly Incarcerated Reenter Society Transformed Safety Transitioning Every Person Act, or FIRST STEP Act, passed by Congress in December 2018 to address the mass incarceration of persons sentenced when the Sentencing Guidelines were ...

Tagged with: Criminal Judge Raymond A. Jackson U.S. District Court - Eastern District

Where an officer conducted an illegal search of a defendant’s disabled vehicle and discovered clothing connecting the defendant to a recent robbery, the discovered clothing did not need to be suppressed because the clothing would inevitably have been discovered during ...

Tagged with: Criminal Judge Robert G. Doumar U.S. District Court - Eastern District

Where a patrol officer had probable cause to stop a vehicle after observing the commission of multiple traffic infractions, and had probable cause to extend the stop and search the vehicle, as well as its occupants, after smelling marijuana the ...

Tagged with: Criminal Judge Robert G. Doumar U.S. District Court - Eastern District

Although the court sustained the jury’s convictions on the counts for distributing controlled substances without a legitimate medical purpose or beyond the bounds of medical practice, it acquitted the defendant on the possession with the intent to distribute controlled substances ...

Tagged with: Criminal Judge James P. Jones U.S. District Court - Western District

Where a Marine convinced a 16-year-old to send him “sexy” pictures of herself, which resulted in the minor sending two photographs of her breasts and genitalia, his conviction for using a communication device to solicit a minor for the production ...

Tagged with: Criminal Judge Rosemarie Annunziata Virginia Court of Appeals

Where the trial court refused to allow testimony about the victim’s violence and where the court denied a motion for mistrial based on juror bias, the errors claimed by the defendant were harmless in light of the overwhelming evidence of ...

Tagged with: Criminal Judge Mary B. Malveaux Virginia Court of Appeals

Where police officers stopped to speak with a defendant after observing his presence in a high crime area and told the defendant to “hang tight” when he attempted to walk away from the encounter, the defendant was unlawfully seized and ...

Tagged with: Criminal Judge Richard Y. AtLee Jr. Virginia Court of Appeals