Case Summaries: Fourth Circuit Court of Appeals (April 2025)

This post summarizes published criminal law and related cases released by the Fourth Circuit Court of Appeals during April 2025. Cases of potential interest to state practitioners are summarized monthly. Previous summaries of Fourth Circuit cases are available here. No error to allow co-defendant to invoke privilege against self-incrimination while co-defendant’s appeal was pending U.S. v. Oliver, 133 F.th 329 (April 8, 2025). The defendant was convicted of attempted Hobbs Act robbery, conspiracy, and firearm offenses in the Eastern District of Virginia, along with a co-defendant. The defendant was sentenced to 630 months in total. He later obtained relief regarding one of his convictions and required resentencing. At the new sentencing hearing, the defendant attempted to call his co-defendant, Brown, to testify. Brown’s own direct appeal was pending at the time, and he invoked his privilege against self-incrimination on the witness stand. The defendant was ultimately resentenced to 480 months in prison. The defendant appealed, arguing that the district court’s decision to allow Brown to invoke his right to remain silent at the resentencing violated the defendant’s due process right to present a defense. Reviewing for abuse of discretion, the court affirmed. While Brown’s appeal was pending, he was potentially subject to sentencing enhancements at any resentencing that the appellate court might order, and the district court appropriately allowed Brown to invoke his privilege. In the words of the court: [T]he district court acted with commendable caution before permitting Brown to invoke his right against self-incrimination. The requested testimony necessarily implicated [...]