United States v. Kenneth Watford
692 F. App'x 108
| 4th Cir. | 2017Background
- Kenneth Watford was convicted on multiple counts including conspiracy to commit wire fraud, wire and attempted wire fraud, aggravated identity theft, and access device fraud (some counts during pretrial release).
- Government alleged Watford used corporations and stolen identities to purchase vehicles and obtain insurance certificates; coconspirator statements and physical evidence linked Watford to the BMW 750LI and identity documents.
- Police found identity- and credit-related documents in the BMW and at Watford’s residence; Watford rented a storage unit and police obtained a warrant to search it.
- Watford moved to sever certain counts, sought recusal of the district judge, moved to suppress the storage-unit evidence, contested sufficiency of evidence for Counts 1–6, and challenged the sentence loss calculation.
- The Fourth Circuit affirmed: joinder and denial of severance proper, recusal denied, suppression motion denied (probable cause and nexus upheld), sufficiency of evidence for conspiracy and aggravated identity theft upheld, and any sentencing loss-calculation error was harmless.
Issues
| Issue | Plaintiff's Argument (Government) | Defendant's Argument (Watford) | Held |
|---|---|---|---|
| Joinder / Severance of Counts 9–12 with 1–6 | Joinder proper under Rule 8(a); offenses related and part of same scheme | Misjoinder and prejudice required severance under Rule 14 | Initial joinder proper; denial of severance not an abuse of discretion (no specific showing of prejudice) |
| Judicial Recusal | No disqualifying bias; judge’s remarks were ordinary judicial frustration | Judge’s comments and prior litigation with Watford required recusal | Denial of recusal affirmed; comments were not a basis for disqualification under Liteky and §455(a) |
| Suppression: search warrant for storage unit | Affidavit established probable cause and nexus (documents, coconspirator statements, items found in car/home) | Affidavit lacked sufficient nexus and contained deficiencies/errors | Warrant supported: probable cause and reasonable nexus established; suppression denial affirmed |
| Sufficiency of evidence for Counts 1–6 | Trial evidence (coconspirator testimony, documents, admissions) proved conspiracy and identity theft elements | Evidence insufficient to prove conspiracy, wire fraud counts, and identity theft | Sufficient evidence for Count 1 (conspiracy) and Count 6 (aggravated identity theft); challenges to other counts waived for inadequate briefing |
| Sentencing: intended-loss calculation | Loss > $400,000 but < $1,000,000 supported; any guideline error would be harmless | District court miscalculated intended loss affecting guideline range | Any error was harmless: court would have imposed the same 135-month sentence and addressed §3553(a) factors |
Key Cases Cited
- United States v. McLaurin, 764 F.3d 372 (4th Cir.) (Rule 8 review standard)
- United States v. Hornsby, 666 F.3d 296 (4th Cir.) (standard for denial of severance)
- United States v. Rhodes, 32 F.3d 867 (4th Cir.) (severance standard)
- Liteky v. United States, 510 U.S. 540 (1994) (bench demeanor and impartiality standard for recusal)
- United States v. Whorley, 550 F.3d 326 (4th Cir.) (recusal standard of review)
- United States v. Abramski, 706 F.3d 307 (4th Cir.) (standard of review for suppression factual findings)
- United States v. Patiutka, 804 F.3d 684 (4th Cir.) (probable cause and reasonable belief standard)
- United States v. Doyle, 650 F.3d 460 (4th Cir.) (nexus by nature of items and normal inferences)
- United States v. Howard, 773 F.3d 519 (4th Cir.) (sufficiency review standard)
- United States v. Kuhrt, 788 F.3d 403 (5th Cir.) (elements of conspiracy to commit wire fraud)
- United States v. Adepoju, 756 F.3d 250 (4th Cir.) (elements of aggravated identity theft)
- Eriline Co. S.A. v. Johnson, 440 F.3d 648 (4th Cir.) (failure to adequately brief an argument results in waiver)
- In re Taylor, 417 F.3d 649 (7th Cir.) (prior litigation with judge does not mandate recusal)