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DOE v. SETTLE

No. 20-1951.

24 F.4th 932 (2022)

John DOE, Plaintiff-Appellant, v. Colonel Gary T. SETTLE, in his official capacity as Superintendent of the Virginia Department of State Police, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: January 28, 2022.

Attorney(s) appearing for the Case

ARGUED: Kenton Craig Welkener, Jr. , BOSSON LEGAL GROUP PC, Fairfax, Virginia, for Appellant. Michelle Shane Kallen , OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee. ON BRIEF: Timothy P. Bosson , BOSSON LEGAL GROUP PC, Fairfax, Virginia, for Appellant. Mark R. Herring , Attorney General, Michael A. Jagels , Acting Deputy Attorney General, Holli Reeves Wood , Assistant Attorney General, Toby J. Heytens , Solicitor General, Martine E. Cicconi , Deputy Solicitors General, Jessica Merry Samuels , Assistant Solicitor General, Kendall T. Burchard , John Marshall Fellow , OFFICE OF ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee.

Affirmed by published opinion. Judge Richardson wrote the opinion, in which Judge Quattlebaum and Senior Judge Keenan joined.

Two months after he turned 18, John Doe was caught having sex with his 14-year-old girlfriend. Given the facts of his arrest, Doe may well have been charged with "carnal knowledge of a child," a Class 4 felony that prohibits sex with 13- and 14-year-old children. But instead he was charged with and pleaded to a lower-class...

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