This post summarizes published criminal and related decisions from the Fourth Circuit Court of Appeals released during April 2021.
fourth circuit
Case Summaries: Fourth Circuit Court of Appeals (Nov. 2020)
This post summarizes published decisions from the Fourth Circuit Court of Appeals decided in November, 2020, that may be of interest to state practitioners.
Case Summaries: Fourth Circuit Court of Appeals (October 2020)
This post summarizes published decisions from the Fourth Circuit Court of Appeals decided in October, 2020, that may be of interest to state practitioners.
A Conditional Discharge Is Not a Conviction for Purposes of the Federal Felon-in-Possession Law
In United States v. Smith, 939 F.3d 612 (4th Cir. 2019), the Fourth Circuit held that a defendant who received a conditional discharge for a prior felony was not “convicted” of that crime within the meaning of the federal felon-in-possession statute. He was therefore not a felon under that law, and thus not barred from possessing a firearm under it. The appellate court reversed his conviction. The case gives us an opportunity to review what we know (and don’t know) about the subsequent effect of conditional discharges and PJCs.