22-4678
4th Cir.Apr 4, 2025Background
- Brian Askew pleaded guilty to possession of a firearm by a felon under 18 U.S.C. § 922(g)(1) and was sentenced to 100 months' imprisonment followed by supervised release.
- Askew appealed his sentence, specifically challenging discrepancies between the oral and written pronouncements of certain supervised release conditions.
- Askew’s counsel filed an Anders brief, finding no meritorious grounds for a general appeal but raising a Rogers claim regarding the supervised release terms.
- The government sought partial dismissal of the appeal under an appeal waiver in Askew's plea agreement and initially requested a limited remand to correct the supervised release conditions.
- After further briefing, both parties agreed that a Rogers error occurred and that binding Fourth Circuit precedent required a full resentencing if requested by the defendant.
- The Fourth Circuit dismissed the appeal in part (based on the waiver), affirmed in part (all nonwaivable issues), vacated the sentence in part, and remanded for full resentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of Appeal Waiver | Waiver should not bar Rogers claim | Waiver is valid; applies to other appeal issues | Waiver is valid but does not bar Rogers claim |
| Rogers Error – Supervised Release Terms | Written terms differ from oral pronouncement; error exists | Agrees error exists; initially requested limited remand | Rogers error occurred; requires full resentencing |
| Remedy for Rogers Error | Requests full resentencing, not limited correction | Concedes full resentencing required under precedent | Full resentencing is required due to Rogers error |
| Merits of conviction or other claims | No specific nonwaivable grounds identified | No breach of plea agreement claims | No viable nonwaivable claims outside appeal waiver |
Key Cases Cited
- United States v. Rogers, 961 F.3d 291 (4th Cir. 2020) (district courts must orally pronounce all discretionary supervised release conditions)
- United States v. Singletary, 984 F.3d 341 (4th Cir. 2021) (Rogers claims not barred by valid appeal waivers)
- United States v. Lassiter, 96 F.4th 629 (4th Cir. 2024) (Rogers error requires full resentencing if the defendant requests it)
- United States v. McCoy, 895 F.3d 358 (4th Cir. 2018) (standard for validity of appeal waivers)