ALEXANDRIA, VA – The U.S. Court of Appeals for the Fourth Circuit has upheld the conviction of Robert Smith, Jr., a Virginia man who pleaded guilty to falsifying information on federal firearms purchase forms, despite several procedural oversights during his plea hearing.
The October 15, 2025, decision, authored by Judge Wilkinson and joined by Judges Thacker and Heytens, affirmed the lower court’s ruling that Smith’s plea remained valid under Rule 11 of the Federal Rules of Criminal Procedure, even though portions of the required colloquy were omitted.
Smith was indicted on 24 counts of making false statements to a federal firearms licensee after purchasing 59 guns over 16 months using fictitious Virginia addresses. One address did not exist, and the other was occupied by individuals who did not know Smith. GPS data tied Smith’s phone to a Maryland residence during the entire period. On the eve of trial, Smith accepted a plea agreement, admitting guilt to one count in exchange for dismissal of the remaining charges and a sentencing reduction.
At his plea hearing, the district court addressed many Rule 11 requirements, but failed to confirm Smith’s understanding of the appellate waiver, to clarify the nonbinding nature of sentencing guidelines, and to inquire about his competency or substance use. Smith later moved to withdraw his plea, citing ineffective assistance from his original counsel, who was later disbarred.
The Fourth Circuit acknowledged the hearing’s shortcomings but concluded the omissions did not materially affect Smith’s decision. The panel emphasized that Smith reviewed and signed a detailed plea agreement and faced overwhelming evidence. His eventual claim did not assert innocence, and the delay in seeking withdrawal further undermined his position.
The court also found no abuse of discretion in the district court’s denial of the motion to withdraw, noting that a reopened case would have prejudiced the government and wasted judicial resources.
Smith has since been released from custody.
