United States v. Kevin Ward
688 F. App'x 208
4th Cir.2017Background
- Kevin Ward pleaded guilty to one count of making false claims against the United States (18 U.S.C. § 287) pursuant to a plea agreement.
- At sentencing the district court applied a four-level enhancement under U.S.S.G. § 3B1.1(a), finding Ward was an "organizer or leader" of a criminal activity involving five or more participants.
- The court also imposed an above-Guidelines sentence; Ward appealed both the leadership enhancement and the substantive reasonableness of his sentence.
- The Fourth Circuit reviewed the leadership finding for clear error and the sentence for substantive reasonableness under an abuse-of-discretion standard.
- The panel affirmed, concluding the record supported the § 3B1.1(a) enhancement and that the district court did not abuse its discretion in imposing the above-Guidelines sentence.
- The court declined to resolve whether Ward’s appeal waiver barred his challenge to the leadership finding.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Ward qualified for a four-level § 3B1.1(a) organizer/leader enhancement | Ward argued the facts did not show he organized or controlled others | Government argued Ward exercised control/management over other participants, justifying the enhancement | Fourth Circuit: No clear error — enhancement supported by preponderance of evidence |
| Whether an above-Guidelines sentence was substantively reasonable | Ward argued the sentence was excessive under § 3553(a) factors | Government defended the district court's weighing of § 3553(a) factors and chosen sentence | Fourth Circuit: No abuse of discretion; sentence substantively reasonable |
Key Cases Cited
- United States v. Cameron, 573 F.3d 179 (4th Cir. 2009) (standard of review for organizer/leader factual finding)
- United States v. Llamas, 599 F.3d 381 (4th Cir. 2010) (enhancement appropriate when defendant controlled participants or exercised management)
- United States v. Rashwan, 328 F.3d 160 (4th Cir. 2003) (leadership over a single participant can suffice)
- United States v. Harvey, 532 F.3d 326 (4th Cir. 2008) (government must prove enhancement facts by preponderance)
- United States v. Diosdado-Star, 630 F.3d 359 (4th Cir. 2010) (standard for appellate review of sentences)
- Gall v. United States, 552 U.S. 38 (2007) (reasonableness review of sentences under abuse-of-discretion)
- Rita v. United States, 551 U.S. 338 (2007) (deference to district court sentencing within Guidelines)
- United States v. Mendoza-Mendoza, 597 F.3d 212 (4th Cir. 2010) (substantive reasonableness examines totality of circumstances)
- United States v. Evans, 526 F.3d 155 (4th Cir. 2008) (appellate deference to district court sentencing choices)