United States v. Ritchie Daryl Lavender, United States of Am. v. Jerry Eugene Ross, 602 F.2d 639 (4th Cir. 1979). · Go Syfert
United States v. Ritchie Daryl Lavender, United States of Am. v. Jerry Eugene Ross, 602 F.2d 639 (4th Cir. 1979). Cases Citing This Book View Copy Cite
37 citation events (19 in the last 25 years) across 14 distinct courts.
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At page 641 finding that court may take judicial notice that crime occurred within federal jurisdiction17 citing cases2 citing courts put it this way
  • United States v. Jesse Perez, 150 F.4th 237 (4th Cir. 2025). 4 cites
    The majority puts more weight on United States v. Lavender, 602 F.2d 639, 641 (4th Cir. 1979), in which we indeed seem to have taken judicial notice, on appeal, that the Blue Ridge Parkway falls within the special territorial jurisdiction…
  • United States v. John Doe, 962 F.3d 139 (4th Cir. 2020).
    E.g., United States v. Lavender, 602 F.2d 639, 641 (4th Cir. 1979).
  • United States v. Corey Davis, 726 F.3d 357 (2d Cir. 2013).
    We did, however, cite favorably three cases in which other courts of appeals took judicial notice of federal jurisdiction over particular lands even “where the prosecution [had] not offered direct evidence on the issue.” Id. at 811 (citing…
  • United States v. Yannick Pierre, 525 F. App'x 237 (4th Cir. 2013).
    (finding that court may take judicial notice that crime occurred within federal jurisdiction)
  • Garber v. Superior Court, 184 Cal. App. 4th 724 (Cal. Ct. App. 2010).
    (defendant properly convicted of breaking and entering because Winnebago was a dwelling even though it was parked while occupants had gone hiking)
  • United States v. Troupe, 307 F. App'x 715 (4th Cir. 2008).
    (holding that court may take judicial notice that crime occurred within federal jurisdiction)
  • United States v. Bello, 194 F.3d 18 (1st Cir. 1999).
    See Hernandez-Fundora, 58 F.3d at 811 (2d Cir.) (federal penitentiary); Bowers, 660 F.2d at 531 (5th Cir.) (federal penitentiary); Piggie, 622 F.2d at 487-90 (10th Cir.) (federal penitentiary); United States v. Lavender, 602 F.2d 639, 641…
  • Blackburn v. Dare Cnty., No. 2:20-cv-00027 (E.D.N.C. Sept. 15, 2020).
    See United States v. Lavender, 602 F.2d 639, 641 (4th Cir. 1979); Gov’t of Canal Zone v. Burjan, 596 F.2d 690 , 693– 94 (5th Cir. 1979). nonmoving party in such case “must set forth specific facts beyond the pleadings to show that a genuin…
  • Charles Harris v. Norfolk S. Ry. Co., 784 F.3d 954 (4th Cir. 2015).
    See United States v. Lavender, 602 F.2d 639, 641 (4th Cir.1979).
  • United States v. Lee, No. 00-4150 (4th Cir. Sept. 26, 2000).
    See United States v. Lavender, 602 F.2d 639, 641 (4th Cir. 1979); United States v. Blunt, 558 F.2d 1245, 1247 (6th Cir. 1977).
Show 7 more citing cases
  • United States v. King, No. 95-5126 (4th Cir. Jan. 15, 1998).
    See United States v. Lavender, 602 F.2d 639, 641 (4th Cir. 1979); United States v. Blunt , 558 F.2d 1245, 1247 (6th Cir. 1977).
  • United States v. Alberto Hernandez-Fundora, 58 F.3d 802 (2d Cir. 1995).
    (judicial notice of federal jurisdiction taken at appellate level)
  • United States v. Alberto Hernandez-Fundora, 49 F.3d 848 (2d Cir. 1995).
    (judicial notice of federal jurisdiction taken at appellate level)
  • United States v. Albert Alexander Tisdale, 7 F.3d 228 (4th Cir. 1993).
    See United States v. Lavender, 602 F.2d 639, 641 (4th Cir. 1979) 3 In the instant case, the district court instructed the jury as to the crime of first degree murder, as well as instructing the jury to convict Tisdale alternatively of seco…
  • United States v. Robertson, 638 F. Supp. 1202 (E.D. Va. 1986).
    (Although defendants are correct in pointing out that the District Judge declined to take judicial notice that the [Blue Ridge] Parkway was so located this court may, and does, take judicial notice of commonly known fac…)
  • Virginia Innovation Sciences, Inc. v. Samsung Elec. Co., 11 F. Supp. 3d 622 (E.D. Va. 2014).
    The United States Court of Appeals for the Fourth Circuit has ruled that “geographical information is especially ap propriate for judicial notice.” United States v. Johnson, 726 F.2d 1018, 1021 (4th Cir.1984); see also United States v. Lav…
  • United States v. Harry J. Johnson, 726 F.2d 1018 (4th Cir. 1984).
    See, e.g., United States v. Lavender, 602 F.2d 639, 641 (4 Cir.1979).
At page 640 cited at this page3 citing cases
  • United States v. James M. Lewis Debra Faye Lewis, 92 F.3d 1371 (5th Cir. 1996).
    See, e.g., United States v. Hall, 979 F.2d 320, 323 (3d Cir.1992); United States v. Lavender, 602 F.2d 639, 640-41 (4th Cir.1979); United States v. Chaussee, 536 F.2d 637, 644-45 (7th Cir.1976); United States v. Word, 519 F.2d 612, 618-19…
  • United States of Am. v. James M. Lewis; Debra Faye Lewis.
    See , e.g., United States v. Hall, 979 F.2d 320, 323 (3d Cir. 1992); United States v. Lavender, 602 F.2d 639, 640-41 (4th Cir. 1979); United States v. Chaussee, 536 F.2d 637, 644-45 (7th Cir. 1976); United States v. Word, 519 F.2d 612 , 61…
  • United States v. Kenneth Vaughan, 682 F.2d 290 (2d Cir. 1982).
    See, e.g., United States v. Lavender, 602 F.2d 639, 640-41 (4th Cir. 1979); United States v. Big Crow, 523 F.2d 955 (8th Cir. 1975), cert. denied, 424 U.S. 920 , 96 S.Ct. 1126 , 47 L.Ed.2d 327 (1976). *294 We now turn to Vaughan’s claim th…
Other citing cases4 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
UNITED STATES of America, Appellee,
v.
Ritchie Daryl LAVENDER, Appellant; UNITED STATES of America, Appellee, v. Jerry Eugene ROSS, Appellant
78-5209, 78-5210.
Court of Appeals for the Fourth Circuit.
Jul 9, 1979.
602 F.2d 639
1979 U.S. App. LEXIS 13335
Roy V. Creasey, Roanoke, Va., for appellant Ritchie Daryl Lavender., George I. Vogel, II, Roanoke, Va. (Wilson, Hawthorne & Vogel, Roanoke, Va., on brief), for appellant Jerry Eugene Ross., E. Montgomery Tucker, Asst. U. S. Atty., Roanoke, Va. (Paul R. Thomson, Jr., U. S. Atty., Roanoke, Va., on brief), for appellee.
Bryan, Hall, MacKenzie, Eastern, Virginia.
Cited by 32 opinions  |  Published
ALBERT V. BRYAN, Senior Circuit Judge:

Ritchie D. Lavender and Jerry E. Ross appeal their convictions on two counts of a three-count indictment. [1] Their offenses were laid as committed, during October 1977, “within the territorial jurisdiction of the United States of America,” specifically, on the Blue Ridge Parkway in the Western District of Virginia.

They were arraigned under the first count for the unlawful and felonious breaking and entering of the dwelling of another, with intent to commit larceny, contrary to Va. Code § 18.2-91 (1975 Repl. Vol.), as embraced by the Assimilative Crimes Act, 18 U.S.C. §§ 13 and 2. [2] The second count accused the appellants of grand larceny of property “having a value greater than $100, all in violation of 18.2-95 Code of Virginia as authorized by Title 18, United States Code, Sections 13 and 2.” (Accent added.)

The convictions of each appellant were consolidated for sentencing. The District Court ordered Ross imprisoned for a period of 12 years, with parole eligibility after three years. Lavender was institutionalized for treatment and supervision pursuant to the provisions of 18 U.S.C. §§ 5010(b) and 5017 (1976).

Ample evidence supports the convictions on both counts. However, on the second there is an apparent, although not real, infirmity, in that, it rested on the Virginia statute, as if the Assimilative Crimes Act permitted it. Actually, the[*641] State law was not invoeable because the Count 2 offenses were already “punishable by . [an] enactment of Congress” —-18 U.S.C. § 661 (1948) [3] — and so excluded from assimilation. United States v. Pardee, 368 F.2d 368, 372 (4th Cir. 1966); King v. Gemini Food Services, Inc., 438 F.Supp. 964, 966 (E.D.Va. 1976), aff’d, 562 F.2d 297 (4th Cir. 1977), cert. denied, 434 U.S. 1065, 98 S.Ct. 1242, 55 L.Ed.2d 766 (1978). However, the indictment and evidence plainly informed the defendants of the charges and they were tried under Count 2 conformably with the Federal statute. Thus the conviction under Count 2 is not invalidated. United States v. Word, 519 F.2d 612, 618 (8th Cir.), cert. denied, 423 U.S. 934, 96 S.Ct. 290, 46 L.Ed.2d 265 (1975). Nevertheless, since the convictions of each defendant were joined for sentencing, in order to avoid any question of the validity of the sentences, we vacate all of them on the two counts, and remand the case to the District Court for the resentencing of Lavender and Ross on both counts.

The evidence is clear and simple. While proceeding along the Blue Ridge Parkway — a United States park — in their “Winnebago” mobile home, the occupant-family stopped at an overlook to take a hike. Returning to lock the vehicle, the owner observed two men drive to the overlook, get out and stand by their car. Afterwards, the Winnebago’s owner rejoined his family. When they came back to the vehicle, they discovered its door lock had been broken and $125 in legal currency, mostly crisp, new money, and a phony $20 bill had been stolen from it. Acting on a description broadcast by rangers, a park technician stopped defendants’ car and noticed a fake $20 bill in plain view on the front seat. Defendants consented to a search of their automobile. Several new, genuine $20 bills and some screwdrivers were seized.

Regarding the breaking and entering conviction, we reject defendants’ claim that the evidence was insufficient because the mobile home was not a “dwelling” at the time of the theft. It is enough for us to state that the Winnebago’s owner testified that he used it as a home when he was on the road. Additionally, it was appropriately equipped for that purpose.

We also overrule defendants’ argument that proof that the offense had occurred on the Blue Ridge Parkway was not adequate to establish that it happened within the “special maritime and territorial jurisdiction of the United States,” as defined in 18 U.S.C. § 7 (1952). Although defendants are correct in pointing out that the District Judge declined to take judicial notice that the Parkway was so located, this court may, and does, take judicial notice of commonly known facts, especially where there is testimony, as here, to the éffeet that the illegalities took place on the Parkway. Markham v. United States, 215 F.2d 56, 57 (4th Cir. 1954), cert. denied, 348 U.S. 939, 75 S.Ct. 360, 99 L.Ed. 735 (1955). We, therefore, judicially notice that the place of the crimes was within Federal jurisdiction.

Accordingly, the findings of the appellants’ guilt under both counts are affirmed and the case is remanded for resentencing on both counts.

Affirmed in part; Vacated in part; and Remanded.

1

. The third count, for violation of Va. Code § 18.2-94 (1975), authorized by 18 U.S.C. §§ 13 and 2, was dismissed prior to trial. United States v. Lavender, No. 78-00022 (W.D.Va. Aug. 8, 1978).

2

. 18 U.S.C. § 13 (1948) reads as follows:

Whoever within or upon any of the places now existing or hereafter reserved or acquired as provided in section 7 of this title, is guilty of any act or omission which, although not made punishable by any enactment of Congress, would be punishable if committed or omitted within the jurisdiction of the State, Territory, Possession, or District in which such place is situated, by the laws thereof in force at the time of such act or omission, shall be guilty of a like offense and subject to a like punishment.

18 U.S.C. § 2 (1951) (under Section 2, aiders and abettors become punishable as principals).

3

. 18 U.S.C. § 661 reads:

Whoever, within the special maritime and territorial jurisdiction of the United States, takes and carries away, with intent to steal or purloin, any personal property of another shall be punished as follows:
If the property taken is of a value exceeding $100, or is taken from the person of another, by a fine of not more than $5,000, or imprisonment for not more than five years, or both; in all other cases, by a fine of not more than $1,000 or by imprisonment not more than one year, or both.