Thursday, April 21, 2005

Identity crisis and also Wharton's Rule

In this opinion from the Fourth Circuit, the defendant/appellant is identified as "RAJUL RUHBAYAN, a/k/a Creme, a/k/a Kreem, a/k/a Day-Ja, a/k/a Deja, a/k/a Amir Ruhbayan, a/k/a Jibra’el Ruh-alamin, a/k/a Jibrael Ruhalamin, a/k/a James Vernon Wood, a/k/a James Vernette Johnson."

The opinion goes on to discuss, among other things, the application of Wharton's Rule (which has to do with whether a defendant can be convicted of both conspiracy and an underlying crime that takes multiple people to commit), and sentencing issues, on which the Court found an unconstitutional sentence enhancement and ordered a remand under Booker. Judge King wrote the opinion, joined by Chief Judge Wilkins and Judge Duncan.

Curiously, the Virginia Court of Appeals also discussed Wharton's Rule this week, in the case of Schartz v. Com., an opinion by Judge Clements, joined by Judge Frank and Senior Judge Willis.

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