On October 14th, the United States Court of Appeals for the Fourth Circuit issued an unsigned per curiam decision in the case of United States v. Adamiak, vacating one of his convictions and sending the case back down to the district court for resentencing.
(A per curiam decision – Latin for “by the court” – is a type of judicial opinion issued in the name of the court as a whole, rather than being attributed to a specific judge or justice.)
We’ve reported extensively on this case due to strong evidence that suggests a weaponization of the ATF against an individual who committed no crimes. This assertion is backed by evidentiary reporting from respected journalist and writer, Lee Williams (see his reports linked in our article).
This case is also notable in that the Pam Bondi Department of Justice has not only continued the fight in this case, but recently asked the court to affirm Mr. Adamiak’s conviction during the Appeals Court hearing on September 12. That request was made by Jacqueline Bechara, Appellate Chief at the U.S. Attorney’s Office for the Eastern District of Virginia.
During his appeal, Mr. Adamiak argued that at least one of his convictions violated the “double jeopardy” clause of the Fifth Amendment, a position in which the court agreed. The 9-page decision from the Court of Appeals for the Fourth Circuit vacated one of the convictions, “Because Adamiak’s convictions and consecutive sentences on Counts One and Two violate his Fifth Amendment right…”
Even with one count dropped, Mr. Adamiak would face 10 years (120 months) total imprisonment upon resentencing.
We will continue to follow this case.
