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Home Source documents Court filing — No. 1:25-po-00492 (Dkt. 46, E.D. Va.)

Court filing — No. 1:25-po-00492 (Dkt. 46, E.D. Va.)

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Case 1:25-po-00492-JFA         Document 46       Filed 10/03/25     Page 1 of 40 PageID# 146




                  IN THE UNITED STATES DISTRICT COURT FOR THE
                          EASTERN DISTRICT OF VIRGINIA

                                      Alexandria Division

    UNITED STATES OF AMERICA
                                                     Case No. 1:25-po-492
                 v.
                                                     The Honorable John F. Anderson
    BRYCE S. CARTER,
                  Defendant.                         Sentencing Date: October 7, 2025


            UNITED STATES OF AMERICA’S POSITION ON SENTENCING

        Every day, approximately 34 people in the United States die in drunk-driving crashes.1

Put another way, one person dies from a drunk-driving crash every forty-two minutes. Of

course, each one of these deaths is preventable – an intoxicated person can choose to get a ride

home from a friend, call a taxi or rideshare, or wait until he becomes sober before getting

behind the wheel. On February 27, 2025, however, Defendant Bryce S. Carter failed to take

any of these preventative steps. Instead, he did what he has done on several prior occasions – he

drove under the influence. For this offense, and the others he committed that night, which form

another link in the Defendant’s long chain of impaired driving incidents, the United States

respectfully recommends a sentence of 90 days’ imprisonment, five years of probation with the

special conditions described below, and a $2,000 fine, which is sufficient, but not greater than

necessary, to achieve the goals of sentencing and to keep the community safe.




1
  National Highway Traffic Safety Administration, Department of Transportation, “Drunk
Driving,” https://www.nhtsa.gov/risky-driving/drunk-driving (last accessed September 29, 2025).
                                               1
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      I.      BACKGROUND

           A. Factual Background

           The Defendant is a 36-year-old man from Washington, D.C. who has driven while

intoxicated for at least ten years.2 He was caught driving under the influence for the first time on

May 31, 2015. Presentence Investigation Report (hereinafter, “PSR”) ¶ 20, at 5. Early that

morning, a Honolulu police officer witnessed the Defendant back his vehicle right into another car.

Even after the collision, the Defendant kept his foot on the gas. Id. at 6. When the officer

approached the Defendant, he instructed the Defendant to press the brakes. Id. The Defendant

complied, then stumbled out of the car. Id. His eyes were red and bloodshot, his speech was slurred

and incoherent, and he begged the officers to let him go. The Defendant made statements such as

“I know I just hit that car,” “‘I am perfectly willing to take a taxi home,” and “my insurance will

cover the damage.” Id.

           The Defendant’s physical signs of intoxication and conduct led the officer to arrest him for

operating a vehicle under the influence of an intoxicant subsequent to a motor vehicle collision,3

and the Defendant was later convicted for driving while intoxicated, first offense. ¶ 20. The

Defendant’s commanding officer in the Army described his drunk driving as “reprehensible

behavior,” and relieved the Defendant of his duties as an executive officer because the Defendant

“failed to abide by the Army Values by driving under the influence of alcohol.” PSR ¶ 46. And

while the Defendant received an “Honorable” discharge from the Army, the reason provided for

his separation was “unacceptable conduct.” Id. at 14.




2
   See Presentence Investigation Report (“PSR”) ¶ 20, 2015 conviction for driving while
intoxicated.
3
    Exhibit 1, Hawaii Police Report.
                                                    2
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        The Defendant’s discharge from the United States Army did not deter him from impaired

driving. A few years later, on May 20, 2018, the Defendant once again crashed into another car

while driving under the influence. PSR ¶ 22. At an intersection in Montgomery County, Maryland,

the Defendant blew through a stop sign at a high rate of speed and struck another car that was

lawfully driving through the intersection. This other car, driven by a 56-year-old man with his 12-

year-old daughter in the passenger’s seat, rolled over from the impact. Miraculously, neither victim

was injured. Id. at 7.

        After the Defendant admitted to drinking earlier that day, police conducted Standard Field

Sobriety Tests (“SFST”), which the Defendant failed. And just as he did in Honolulu a few years

prior, the Defendant quickly tried to talk his way out of the situation, telling officers, “to be honest

with you, I can give my information, everything’s okay”, and that he was going to take an Uber

home. PSR ¶ 22, at 8. When a police officer asked the Defendant to submit to SFSTs, he responded

that he would rather go with the officer to be processed. Id. The Defendant then continued to plead

with the officers, telling them, ““I’ll just go wherever you want me to go.” Id. Ultimately, the

Defendant was arrested for driving a vehicle while impaired by alcohol, found guilty, and

sentenced to ninety days’ incarceration, with fifty-four days suspended, and seven months of

probation. Id. at 7. Maryland Department of Motor Vehicles records reflect that the Defendant is

required to have ignition interlock in his vehicle. Id. at 8.

        So too did the Defendant’s thirty-six day sentence fail to deter him from dangerous driving.

On November 9, 2021, the Defendant was arrested in Virginia for attempted murder, felony

eluding, assault and battery, assault and battery on an officer, and reckless driving. That day, a

Virginia State Police officer received a “be on the lookout” alert for an AUDI Q5 that was seen

driving erratically and striking multiple vehicles without stopping. PSR ¶ 23, at 9. The officer



                                                   3
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later saw a vehicle matching that description, which the Defendant was driving erratically with his

hazard lights on, and his passenger side tires on the shoulder of the road. Id. Nearby vehicles

scrambled to move away from the Defendant’s car. Id. The officer turned on his emergency lights

and drove up behind the Defendant. Id. The Defendant sped forward and rammed his car into the

passenger side of another marked police car. Id. Both police cars followed the Defendant with

their emergency lights on and sirens activated. Id.

       As he sped away, the Defendant struck a motorcyclist on I-95. Id. The motorcyclist was

able to remain mobile and tried to get away from the Defendant, but the Defendant followed

closely, continuing to disregard the police lights and sirens. Id. When the Defendant made a right

turn after exiting the interstate, one of the officers made a Pursuit Intervention Technique (“PIT”)

maneuver on the Defendant’s vehicle, which caused him and the motorcycle driver to crash in a

nearby yard. Id.

       When the police officers approached the Defendant, they instructed him to exit his car and

get on the ground. Id. The Defendant climbed through his window and sat on the roof of his car.

He did not comply with commands, instead yelling that he had a taser. Id. Then, he took off his

clothing. Id. at 10. When an officer tried to handcuff the Defendant, he was combative. Id. He ran

around his car and across the street to avoid capture. Id. Another officer stepped in to assist with

the arrest, but the Defendant kept fighting and pulling his arms away. Id. The Defendant struck

the three officers several times and attempted to reach for the area on the officer’s belt where the

officer’s gun and mace were located. Id. When a fourth officer arrived, the police were finally

able to arrest the Defendant. Id.

       The attempted murder charge was later dropped, but the Defendant was found guilty of

reckless driving and endangering life, limb, or property; four counts of assault and battery; and



                                                 4
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felony eluding or disregarding of police.4 PSR ¶ 23, at 8-9. The court sentenced the Defendant to

six consecutive terms of incarceration, all of which were suspended in large part. 5 After setting

aside the suspended portions of the sentences, the Defendant was sentenced to only 30 days’

imprisonment. Id. The Defendant did not sustain injuries, but two of the police officers and the

motorcycle victim did. One police officer sustained an injury to his left knee, while the other had

a head laceration and a broken finger from his efforts to arrest the Defendant.6 The motorcycle

driver was transported to the hospital for the injuries he sustained from the crash.7

          B. February 27, 2025 Conduct

          On February 27, 2025, at around 01:30 in the morning, the Defendant called 911 for

assistance. The Defendant told the Arlington, Virginia 911 operator that his car had broken down,

but he could not tell the operator where he was located, so he would just call an “Uber Black” and

“get out of [there].”8 The Defendant then provided a false name (“Ryan”) to the operator and hung

up midway through the call.9 The operator eventually determined that the Defendant was located



4
  The Defendant entered an Alford plea in this case. At sentencing, the Defendant’s attorney
claimed that the Defendant was suffering from delusions during the incident. Virginia Sentencing
Audio Recording, provided to Defense during discovery.
5
  For eluding and disregarding police, the Defendant received 5 years’ incarceration, with 4 years
and 355 days suspended, 2 years of supervised probation, and 90 days’ operator license suspension.
For each of the four Assault and Battery convictions, the Defendant was sentenced to 365 days’
incarceration, with 355 days suspended. Finally, for reckless driving/endangering life, limb, or
property, the Defendant received a 365-day sentence, with 355 days suspended, and a 6-month
operator license suspension. PSR ¶ 23.
6
 This information was obtained from the Virginia State Police report narrative and the sentencing
audio recording, both of which were provided to Defense in discovery.
7
    Id.
8
    Arlington 911 Audio, produced to Defense during discovery.
9
    Id.
                                                 5
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near the George Washington Memorial Parkway and alerted the United States Park Police

(“USPP”).       The Arlington 911 operator informed USPP that the Defendant sounded “very

intoxicated” on the call.10 USPP officers responded to the scene and found the Defendant’s car

parked on the side of the road. PSR ¶ 10.

           When the officers approached the vehicle, they found the Defendant in the driver’s seat of

the car. The officers attempted to speak with the Defendant, but he refused to roll down his car

windows, instead electing to tell the officers to “go to hell.”11 The Defendant later changed his

mind and exited the car voluntarily. Officers noticed that the Defendant smelled strongly of

mouthwash and alcohol. PSR ¶ 10. Based on the totality of the circumstances, including the

Defendant’s slurred speech and inability to stand or walk steadily without assistance, the USPP

officers determined that the Defendant was incapable of safely operating his vehicle and arrested

him for driving under the influence, in violation of 36 C.F.R. § 4.23(a)(1). ECF No. 1; see also

PSR ¶ 10. Based on the location of his parked vehicle, the officers also cited the Defendant for

obstructing traffic, in violation of 36 C.F.R. § 4.13(a). ECF No. 4.

           Officers then conducted an inventory search of the Defendant’s vehicle and located empty

bottles of liquor and half-full bottles of whiskey and mouthwash. PSR ¶ 10. When USPP officers

took the Defendant to the police station, they read him Miranda warnings, provided him with a

Miranda warning acknowledgment form and consent for chemical testing form, and asked him to

take a blood alcohol concentration test. PSR ¶ 11. In response, the Defendant drew all over and

then ripped up the forms, threw a pen across the room, and refused to submit to the test, in violation

of 36 C.F.R. § 4.23(c)(2). Id. See also ECF No. 3.



10
     Id.
11
     Body worn camera footage, produced to Defense during discovery. See also PSR ¶ 10.
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         C. Procedural History

         The traffic citations directed the Defendant to appear in court on March 6, 2025. ECF No.

2. When the Defendant failed to appear that day, this Court issued a bench warrant for his arrest.

ECF No. 10. The Defendant was arrested in the District of Maryland on March 28, 2025, and had

his initial appearance before this Court on April 1, 2025. ECF No. 17. This Court issued an order

for the Defendant’s pretrial release, which included a condition that the Defendant refrain from

operating a motor vehicle and attend mental health testing and treatment and take all medication

as directed. ECF No. 18. The Defendant later moved to modify his pretrial conditions to permit

him to drive with an ignition interlock device in his car, which motion this Court granted in part

on May 20, 2025. ECF Nos. 21, 25. On July 1, 2025, the Court issued a Petition and Order on

Violation of Pretrial Release regarding the Defendant’s dozens of missed remote alcohol tests,

April 12, 2025, test with a blood alcohol concentration of 0.020%, and May 20, 2025, positive

drug screen. ECF No. 34. On July 8, 2025, the Defendant pleaded guilty to all three charges. ECF

No. 38. The same day, the Court found him in violation of the conditions of his pretrial release as

alleged in the Petition and imposed a one-day step back. ECF No. 40.

   II.      LEGAL STANDARD

         When making a sentencing decision, courts consult the Guidelines and the factors set forth

in 18 U.S.C. § 3553(a), though the Guidelines are purely advisory. See United States v. Booker,

543 U.S. 220, 264 (2005); see also United States v. Kimbrough, 552 U.S. 85, 90 (2007). In this

case, however, the Defendant’s offenses all constitute Class B misdemeanors, which carry

maximum penalties of six months’ imprisonment, a $5,000 fine, and five years of probation. 36




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C.F.R. § 1.3; 18 U.S.C. §§ 1865; 3571.12 The Sentencing Guidelines do not apply to Class B or C

misdemeanors. United States Sentencing Guidelines (“U.S.S.G.”) § 1B1.9; see also PSR ¶ 18. In

fashioning sentences for Class B and C misdemeanors, courts must impose a sentence authorized

by statute. U.S.S.G. § 1B1.9 & n.1; see also United States v. Harris, 27 F.3d 111, 116 (4th Cir.

1994). Without a relevant sentencing guideline as a “starting point and the initial benchmark,”

courts have great discretion in selecting appropriate sentences for Class B misdemeanors that

comport with the requirements of 18 U.S.C. § 3553. United States v. Finley, 531 F.3d 288, 293-94

(4th Cir. 2008) (citing Gall v. United States, 128 S.Ct. 586, 596 (2007)).

       Section 3553(a) directs the Court “in determining the particular sentence to impose” to

consider: (1) the nature and circumstances of the offense and the history and characteristics of the

defendant; (2) the statutory purposes that counsel that the Court must impose a sentence

“sufficient, but not greater than necessary” to do the following:

       (A) to reflect the seriousness of the offense, to promote respect for the law, and to
       provide just punishment for the offense;
       (B) to afford adequate deterrence to criminal conduct;
       (C) to protect the public from further crimes of the defendant; and
       (D) to provide the defendant with needed educational or vocational training,
       medical care, or other correctional treatment in the most effective manner . . . .;


(3) the kinds of sentences available; (4) the kinds of sentence and the sentencing range as set forth

in the Sentencing Guidelines; (5) the Sentencing Guidelines policy statements; (6) the need to

avoid unwarranted sentencing disparities; and (7) the need to provide restitution to any victims of

the offense. 18 U.S.C. § 3553(a).




12
   The Defendant entered a plea of guilty to all three charged offenses, driving while intoxicated,
in violation of 36 C.F.R. § 4.23(a)(1), refusal to submit to a BAC test in violation of 36 C.F.R. §
4.23(c)(2), and stopping on the highway, in violation of 36 C.F.R. § 4.13(a).
                                                 8
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     III.      ANALYSIS

            At a minimum, this case involves three drunk driving convictions, four cars, and five

people. By the United States’ count, the Defendant has caused damage to at least this many

vehicles and harmed this many people by driving dangerously.13 The Defendant’s history counsels

in favor of a significant sanction in this case. 18 U.S.C. § 3553(a)(1). The Defendant has

demonstrated time and again that he will put his comfort and convenience above the wellbeing of

other drivers. And when he gets caught, he either pleads with law enforcement to let him take an

Uber home or becomes combative and noncompliant. Those pleas reflect the Defendant’s

consciousness of guilt. Even while intoxicated, he knows what he is doing was wrong, but he

chooses to do it anyway, willfully disregarding both his own safety and that of other motorists who

shared the road with him. Because the Defendant has demonstrated his inability, or unwillingness,

to change, this Court’s intervention and supervision are necessary to protect the public from the

Defendant’s dangerous behavior. 18 U.S.C. § 3553(a)(2)(C).

            Specific deterrence is also particularly important in this case. The Defendant’s first DWI

in 2015, with a blood alcohol content of .19 grams per 100 liters of blood, resulted in a suspended

sentence and an order to complete an Alcohol Safety Action Program, which he did complete. PSR

¶ 20. This DWI also resulted in his separation from the United States Army, PSR ¶ 46, but this

life-altering consequence did not lead the Defendant to change his ways. Instead, just three years

later, the Defendant drove drunk again, this time in Montgomery County, Maryland. He struck

another motorist broadside as the other vehicle was lawfully travelling through an intersection. For

this offense the Defendant served thirty-six days in prison. Id. As a part of his sentence, the



13
   One car in Hawaii, one car in Maryland, one police car and one motorcycle in Virginia. Two
victims in Maryland, two injured police officers and one motorcyclist sent to the hospital in
Virginia.
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Defendant also had to attend victim impact panel meetings to hear from those who have

experienced the devastating effects of drunk driving crashes.14 Even after hearing from these

victims, the Defendant continued to drive while intoxicated.

          Finally, while not conclusively a driving while intoxicated or impaired incident, the

Defendant’s six-count conviction for felony eluding, assault and battery, and reckless driving,

against the background of the Defendant’s alcohol abuse, is incredibly concerning. This string of

incidents over the past ten years demonstrates that, in addition to a period of incarceration, the

Defendant should be placed under supervision by the Probation Office for the maximum term

allowable; five years. All the above incidents involved driving, most involved a traffic accident,

and they collectively demonstrate that the Defendant should not be driving. Thus, a special

condition of his probation should include a complete bar on driving within the United States. This

is a heavy sanction, but the Defendant’s history and characteristics warrant such a penalty.

          Section 3553(a)(2)(A), the need to promote respect for the law, also counsels in favor of a

significant sentence. The Defendant appears, by his actions described above, to have a general

disregard for the law and the safety of law enforcement officers. PSR ¶¶ 9–13, 20–23. The

Defendant’s behavior on February 27, 2025, parallels his disrespectful behavior in past police

interactions. In this case, just as his previous DWIs, he behaved in an incoherent, uncooperative

manner when approached by police. Compare PSR ¶¶ 9–13, with PSR ¶ 20 and PSR ¶ 22. The

Defendant has not learned from his prior DWI convictions, and in his interactions with police

during this case, he demonstrated a complete disrespect for the law. PSR ¶ 11.

          Nothing short of a significant term of imprisonment and prohibition of driving for five

years will serve to accomplish the goals of sentencing. To reflect the seriousness of these offenses,



14
     Exhibit 2, Maryland Disposition.
                                                  10
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protect the public, deter both the Defendant and others from driving while intoxicated, promote

respect for the law, and to provide just punishment for his conduct, the United States respectfully

requests that this Court sentence the Defendant to ninety days of incarceration, followed by five

years of probation, with the special conditions that he attend the Virginia Alcohol Safety Action

Program and that he not be permitted to drive at all while under supervision, in addition to special

conditions one through four recommended in the PSR, and a $2000 fine.

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   IV.      CONCLUSION

         For the above-stated reasons, the United States submits that a sentence of ninety days of

incarceration followed by five years of probation, with the special conditions that he attend the

Virginia Alcohol Safety Action Program and that he not be permitted to drive at all while under

supervision, in addition to special conditions one through four recommended in the PSR, and a

$2000 fine is reasonable and accounts for each of the factors set forth in 18 U.S.C. § 3553(a) and

the Guidelines.




                                          Respectfully submitted,

                                          Lindsey Halligan
                                          United States Attorney


                                          Christopher Galarza
                                          Meredith R. Clement
                                          Special Assistant United States Attorneys
                                          Tony R. Roberts
                                          Assistant United States Attorney
                                          United States Attorney’s Office
                                          2100 Jamieson Avenue
                                          Alexandria, VA 22314
                                          Office: (703) 299-3800
                                          Fax:     (703) 299-3980
                                          Email: meredith.clement2@usdoj.gov




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                                CERTIFICATE OF SERVICE

       I hereby certify that, on October 3, 2025, I caused a copy of the foregoing memorandum to

be filed with the Clerk of Court using the CM/ECF system, which will automatically generate a

Notice of Electronic Filing (NEF) to all counsel of record.




                                                Christopher Galarza
                                                Special Assistant United States Attorney
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                             EXHIBIT 1
 Honolulu Police Department Report on Incident
       #15-213534 dated May 31, 2015
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                             EXHIBIT 2
 Maryland v. Carter, No. 9T0PHF (Md. Feb. 19,
              2019) Disposition
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            Case 1:25-po-00492-JFA
5/5/25, 11:47 AM                              Document 46         Filed Details
                                                                       10/03/25         Page 38 of 40 PageID# 183
            Judicial Officer
            Sarsfield, James B.

               1        DRIVING VEH. WHILE IMPAIRED BY ALCOHOL                                         Guilty




            02/19/2019 Disposition 


            Judicial Officer
            Sarsfield, James B.

               1        DRIVING VEH. WHILE IMPAIRED BY ALCOHOL                                         Guilty




            02/19/2019 Converted Sentence 


               1      DRIVING VEH. WHILE IMPAIRED BY ALCOHOL                      Converted Sentence




            Condition - Adult
               1. Report as directed and follow Supervisor's instructions, REPORT AS DIRECTED, 02/19/2019, Active
               02/19/2019

                2. Supervision Fee Waived, PAY P&P SUPERVISION FEE - WAIVED, 02/19/2019, Active 02/19/2019

                3. Work or attend school regularly as directed, WORK OR ATTEND SCHOOL REGULARLY, 02/19/2019, Active
                02/19/2019

                4. Permission from Sup. before changing addr,job, leaving state, GET PERMISSION TO MOVE, LEAVE
                STATE ETC, 02/19/2019, Active 02/19/2019

                5. Obey all laws and incur no serious motor violation, OBEY ALL LAWS; NO SERIOUS MV VIOLATIONS,
                02/19/2019, Active 02/19/2019

                6. Notify Supervisor if charged with criminal/jailable offense, NOTIFY SUPERVISOR IF CHARGED
                W/OFFENSE, 02/19/2019, Active 02/19/2019

                7. Permit your Supervisor to visit your home unannounced, PERMIT SUPERVISOR TO VISIT HOME,
                02/19/2019, Active 02/19/2019

                8. Do not illegally possess/use/sell controlled substance, DO NOT ILLEGALLY POSSESS/SELL CDS ETC.,
                02/19/2019, Active 02/19/2019

                9. Appear in court when notified to do so, APPEAR IN COURT WHEN NOTIFIED, 02/19/2019, Active
                02/19/2019

                10. Pay fines/costs/restitutions/fees as ordered by the court, PAY ALL FINES, COSTS, ETC. AS ORDERED,
                02/19/2019, Active 02/19/2019

                11. Refrain from driving after consuming alcohol, DO NOT DRIVE AFTER CONSUMING ALCOHOL,
                02/19/2019, Active 02/19/2019

                12. Enroll in, pay for, and complete treatment at ___(facility), ENROLL IN AND COMPLETE TREATMENT AT
                VETERAN'S ADMIN., 02/19/2019, Active 02/19/2019

                13. Attend Victim Impact Panel meetings when notified, ATTEND VICTIM IMPACT PANEL MEETINGS
                REPORT 03/21/19 AT 06:00 PM, 02/19/2019, Active 02/19/2019




https://mdecportal.courts.state.md.us/MDODYSSEYPORTAL/Home/WorkspaceMode?p=0                                            3/5
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