United States v. Everett, No. 22-4536 (4th Cir. 2024)
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In the case brought before the United States Court of Appeals for the Fourth Circuit, the defendant, Reshod Jamar Everett, appealed his multiple convictions and sentences for six drug distribution and firearms offenses. The charges arose from his involvement in extensive criminal activities related to drugs and firearms in Cumberland County, North Carolina. Everett unsuccessfully moved to suppress evidence seized from his residence, claiming that the authorities violated the "protective sweep" exception to the Fourth Amendment's search warrant mandate. He was convicted on all counts and sentenced to 480 months in prison, plus supervised release.
On appeal, Everett challenged the denial of his suppression motion, the sufficiency of the evidence supporting three of his convictions, and his 480-month prison sentence. The Court of Appeals rejected each of Everett's contentions and affirmed the lower court's decision. It found that the protective sweep of Everett's residence was justified due to the circumstances, including the fact that Everett was a substantial drug dealer with a known connection to firearms. The Court also held that there was substantial evidence to support Everett's convictions, even under a plain error review. Finally, it concluded that Everett's 480-month sentence was not substantively unreasonable, given the seriousness of his offenses, his conduct between the time of the offenses and sentencing, and the need to deter similar conduct in the future.
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