United States Fourth Circuit

Conviction for mail fraud based on conditional plea, reserving right to appeal adverse suppression ruling, is affirmed over claim that search warrants were constitutionally invalid. Defendant's sentence is vacated based on the Government's forceful challenges to several of the factors on which the court relied in varying downward.

Appellate Information

• Argued 03/14/2007
• Decided 04/12/2007
• Published 04/12/2007

Judges

• Before MICHAEL and KING, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  David Glenn Barger, Williams Mullen, McLean, Virginia, for Appellant/Cross-Appellee.  Laura C. Marshall, Assistant United States Attorney, Office of the United States Attorney, Richmond, Virginia, for Appellee/Cross-Appellant.   ON BRIEF:  Michael R. Sklaire, Williams Mullen, McLean, Virginia, for Appellant/Cross-Appellee.  Chuck Rosenberg, United States Attorney, Alexandria, Virginia, for Appellee/Cross-Appellant.