United States Fourth Circuit

Conviction and sentence of defendant for making a false statement in connection with his receipt of federal workers' compensation benefits, and order to pay restitution, is: 1) affirmed as to the conviction, where defendant has failed to establish plain error with respect to his Brady claim; and 2) vacated as to the sentence and remanded for further proceedings, where Penal Code section 1920 imposes a felony offense sentence for falsely obtaining benefits in excess of $1000, but the evidence in the record does not support such a conclusion here.

Appellate Information

• Decided 10/15/2014
• Published 10/15/2014

Judges

• Floyd

Court

• United States Fourth Circuit

Counsel