⚖ Oral Arguments, with Context

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United States v. Che Lark — 4th Cir. (Oct 28, 2026)

No. 24-4267 Argued October 28, 2026 Published October 30, 2026

The Fourth Circuit hears United States versus Che Lark, a challenge to a guilty plea that led to a twenty-year sentence. Police found drugs in Lark's lap during an encounter in a car. Prosecutors say he fled and fatally struck a pedestrian. He pleaded guilty to possessing heroin and methamphetamine with intent to distribute. Lark will contend his lawyer wrongly told him prosecutors would be limited to the drug quantity agreed to in the plea's factual statement. At sentencing, prosecutors instead argued for substantially more drugs, and the judge imposed twenty years. The appeal turns on prejudice: whether the mistaken advice affected his decision to plead guilty. His claim depends on showing a reasonable probability that correct advice would have led him to choose a trial, and that rejecting the plea would have been rational. That does not mean he must prove he would have won at trial. Richard Weston will speak for Lark.

United States v. Che Lark (No. 24-4267) — U.S. Court of Appeals for the Fourth Circuit, argued October 28, 2026.

Sources
Argument audio — official Fourth Circuit original, October 28, 2026:https://www.ca4.uscourts.gov/OAarchive/mp3/24-4267-20261028.mp3
Official recording and written counsel listing:https://www.ca4.uscourts.gov/oral-argument/oral-argument-audio-files
Official dated calendar and plea-advice issue:https://www.ca4.uscourts.gov/cal/internetcalOct272026.pdf
Underlying events and original sentence — U.S. Attorney account, May 13, 2024:https://www.justice.gov/usao-sdwv/pr/charleston-man-sentenced-20-years-prison-federal-drug-crime
Earlier district order confirming guilty plea — May 2, 2024, 2:21-cr-00084:https://app.midpage.ai/document/united-states-v-lark-1000396875244
Plea-choice prejudice and contemporaneous evidence — Lee v. United States:https://supreme.justia.com/cases/federal/us/582/16-327/
Fourth Circuit plea-advice and prejudice standard — United States v. Akande, especially pages 9–12:https://www.ca4.uscourts.gov/opinions/186833.P.pdf
Guilty-plea questioning — Federal Rule of Criminal Procedure 11:https://www.law.cornell.edu/rules/frcrmp/rule_11
Relevant conduct — 2023 Sentencing Guidelines section 1B1.3, printed pages 23–24 and 31–32:https://www.ussc.gov/sites/default/files/pdf/guidelines-manual/2023/GLMFull.pdf
Related uncharged drug conduct at sentencing — Witte v. United States:https://supreme.justia.com/cases/federal/us/515/389/
Broader sentencing factors — 18 U.S.C. section 3553(a):https://www.law.cornell.edu/uscode/text/18/3553
Advisory guidelines and statutory sentencing factors — United States v. Booker:https://supreme.justia.com/cases/federal/us/543/220/
Material witness-credibility evidence — Giglio v. United States:https://supreme.justia.com/cases/federal/us/405/150/
Impeachment evidence and materiality — United States v. Bagley, majority Parts I–II:https://supreme.justia.com/cases/federal/us/473/667/

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