Background
In 2016, a jury convicted Carl Javan Ross on child sex abuse material charges. Ross appealed, and the Fourth Circuit vacated his sentence and remanded for resentencing. After resentencing, Ross appealed again, and the court affirmed the new sentence. In November 2025, Ross filed a notice of appeal seeking to challenge his original judgment.
The court’s reasoning
The court explained that because Ross has already appealed his original judgment, the judgment upon resentencing superseded that original judgment. Consequently, he may not challenge the original judgment on appeal. The court also noted that any attempt to appeal the amended judgment is duplicative.
What it means going forward
The dismissal prevents defendants from relitigating original judgments after a resentencing has occurred and the new judgment has superseded the old one.