UNITED STATES v. MAYNARD

No. 22-4178.

90 F.4th 706 (2024)

UNITED STATES of America, Plaintiff-Appellee, v. Everett Lee MAYNARD, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: January 11, 2024.


Attorney(s) appearing for the Case

ARGUED: Jonathan D. Byrne , OFFICE OF THE FEDERAL PUBLIC DEFENDER, Charleston, West Virginia, for Appellant. Barbara Ann Schwabauer , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee. ON BRIEF: Wesley P. Page , Federal Public Defender, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Charleston, West Virginia, for Appellant. Kristen Clarke , Assistant Attorney General, Erin H. Flynn , Appellate Section, Civil Rights Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C.; William S. Thompson , United States Attorney, Nowles Heinrich , Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Charleston, West Virginia, for Appellee.

Affirmed by published opinion. Chief Judge Diaz wrote the opinion in which Judge Wilkinson and Judge Ballou joined.


Everett Maynard was tried on one count under 18 U.S.C. § 242 for his use of force against an arrestee. At trial, the district court required witnesses to testify wearing opaque face masks because of the COVID-19 pandemic. The jury found Maynard guilty, and the district court sentenced him to 108 months' imprisonment...

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