Author: Houston Stringer

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 indivi...

RICHMOND, VA — The U.S. Court of Appeals for the Fourth Circuit has upheld the dismissal of a lawsuit brought by two Virginia inmates who were held for an extra year after they should have been released under a 2020 sentencing reform law. The court’s October 15, 2025, decision affirms a lower court ruling that neither Virginia Attorney General Jason Miyares nor Virginia Department of Corrections Director Harold Clarke can be held personally liable for the delay in releasing Hamilton Hall Swart III and Richard Earl DaSilva. According to court records, the dispute arose after the General Assembly passed H.B. 5148, which expanded eligibility for enhanced sentence credits, allowing some inmates to earn up to 15 days of credit per 30 days served. The law excluded certain serious offen...

ALEXANDRIA, VA – The U.S. Court of Appeals for the Fourth Circuit has affirmed the dismissal of a federal and state malicious prosecution lawsuit filed by John Scott Moretti, a former State Department official who was arrested in 2020 on child sexual abuse charges but later had those charges dropped. According to court documents, Moretti had been indicted in Virginia on charges including forcible sodomy and indecent liberties with a child after a juvenile, identified as Jane Doe, accused him of sexually abusing her years earlier while she was visiting his home to play with his daughter. The investigation was initiated by the Prince William County Police Department after the juvenile disclosed the alleged abuse to her therapist while in residential treatment in 2019. Detective Hel...