The 4th US Circuit Court of Appeals has upheld a 25-year prison sentence for an Onslow County man described in court records as leader of the Aryan Kings white supremacist group.
A federal judge sentenced David Milam in 2023 to 300 months behind bars for convictions related to gun and drug charges, along with assault of Pamlico County sheriff’s deputies during his time awaiting a federal trial.
The convictions could have led to a sentence of 30 years to life in prison.
“In this case, we conclude that Milam’s 300-month sentence, which was 60 months below the bottom of the Guidelines range, was not longer than necessary to effectuate the purposes of sentencing,” wrote Judge Paul Niemeyer Wednesday for a unanimous three-judge 4th Circuit panel. “Milam was the leader of the Aryan Kings, a violent White supremacist gang, and in that role, he involved himself in significant drug distribution.”
“He was accountable for at least 3,000 kilograms of converted drug weight according to his plea agreement, and he likely could have been held accountable for a much greater amount were it not for that agreement,” Niemeyer added. “The district court was well within its discretion to punish him for the seriousness of these offenses. Moreover, Milam possessed a long criminal history, stretching back to the time he was 17 years old.”
“As important, Milam’s postconviction conduct added a serious aggravating factor,” the appellate opinion continued. “While in prison and awaiting sentencing, Milam did not hesitate to return to his drug-distributing ways. And he also violently assaulted two sheriff’s deputies. Finally, he sent a letter to a member of another White supremacist group bragging about his work on behalf of the Aryan Kings and asking if the Aryan Kings could merge with that group.”
“In light of this ongoing criminal activity, the court reasonably concluded that Milam’s prior run-ins with law enforcement had failed to promote respect for the law or produce any meaningful deterrent effect,” Niemeyer wrote. “Although it is true, as Milam contends, that some considerations weighed in favor of leniency, such as his close relationship with his family, the district court acknowledged those factors, noting that its sentence reflected the good as well as the bad. And it was not an abuse of discretion for the court to have concluded that the good supported a sentence 60 months below the bottom of his advisory Guidelines range but that no further reduction was warranted.”
Milan entered three separate guilty pleas in the case in 2019, 2020, and 2023. He attempted to withdraw the first two pleas in 2022 when a new defense lawyer noticed a paperwork error involving a search warrant and affidavit.
US District Judge Louise Wood Flanagan did not allow Milam to withdraw the please on gun and drug charges. The 4th Circuit affirmed Flanagan’s decision.
“Milam made calculated strategic decisions to plead guilty to three different substantial crimes, and the district court found that his decisions were knowing and voluntary in light of all the facts,” Niemeyer wrote. “While awaiting sentencing, however, Milam assaulted two sheriff’s deputies and distributed drugs to fellow inmates.”
“Once caught, he pivoted to an after-the-fact effort to withdraw his first two pleas based on an immaterial scanning error during discovery, apparently hoping for a better outcome,” the appellate opinion continued. “On these facts, the district court denied Milam’s request to withdraw his guilty pleas, declined to give him credit for acceptance of responsibility, and sentenced him to a term of 300 months’ imprisonment — a sentence 60 months below the recommended Guidelines range. We find no reversible error or abuse of discretion and accordingly affirm the judgment of the district court.”
Judges Julius Richardson and Henry Floyd joined Niemeyer’s opinion.
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