Case Explained: 254268.U US v. Kewuan Gregg

Court: United States Court of Appeals for the Fourth Circuit Filed: 2026-08-04 The Fourth Circuit dismissed in part and affirmed in part Kewuan Gregg’s appeal regarding two federal sentences. The court dismissed Gregg’s challenge to his 36-month sentence for possession with intent to distribute fentanyl because it was barred by a valid, knowing, and voluntary appeal waiver contained in his plea agreement. The court applied the standard that while the miscarriage of justice exception exists, it does not apply to claims alleging mere legal error, such as an improper upward departure from the Sentencing Guidelines, which is what Gregg asserted. The court affirmed Gregg’s 24-month consecutive sentence imposed upon revocation of supervised release for a prior firearm conviction. The court held that the district court satisfied its obligation under *United States v. Patterson* and *United States v. Slappy* to adequately explain its sentencing decision by acknowledging Gregg’s nonfrivolous arguments for a concurrent sentence, considering them, and explaining why they were rejected based on the “particularly egregious” nature of his supervised release violation. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.