United States Fourth Circuit

In criminal case where lead police investigator suborned perjury and had an affair with the co-defendant wife of the lead defendant during proceedings, convictions and sentences based on guilty pleas to drug-conspiracy-related and money laundering charges are affirmed over primary claim that the investigator's actions constituted outrageous government conduct that undermined the defendants' right to fundamental fairness and due process. Denial of motions to withdraw guilty pleas is affirmed over claim that the pleas were not knowing and voluntary. Despite Sixth Amendment error, defendants are not entitled to resentencing under Booker.

Appellate Information

• Argued 02/01/2006
• Decided 02/28/2007
• Published 02/28/2007

Judges

• Before WIDENER, NIEMEYER, and GREGORY, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Jane Moran, Williamson, West Virginia;  Dennis Hugh Curry, Spencer, West Virginia;  Joan Arbogast Mooney, Morgantown, West Virginia, for Appellants.  Michael James Elston, Assistant United States Attorney, Office of the United States Attorney, Alexandria, Virginia, for Appellee.   ON BRIEF:  Paul J. McNulty, Acting United States Attorney, Kimberly R. Pedersen, Special Attorney to the Attorney General, Brian D. Miller, Special Attorney to the Attorney General, Alexandria, Virginia, for Appellee.