United States v. Johnathan McCaslan

CourtCourt of Appeals for the Fourth Circuit
DecidedJune 8, 2026
Docket24-4670
StatusUnpublished

This text of United States v. Johnathan McCaslan (United States v. Johnathan McCaslan) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Johnathan McCaslan, (4th Cir. 2026).

Opinion

USCA4 Appeal: 24-4670 Doc: 38 Filed: 06/08/2026 Pg: 1 of 16

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 24-4670

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

JOHNATHAN C. MCCASLAN,

Defendant - Appellant.

Appeal from the United States District Court for the District of South Carolina, at Spartanburg. Donald C. Coggins, Jr., District Judge. (8:23-cr-00749-DCC-1)

Submitted: December 5, 2025 Decided: June 8, 2026

Before BENJAMIN and BERNER, Circuit Judges, and John A. GIBNEY, Jr., Senior United States District Judge for the Eastern District of Virginia, sitting by designation.

Affirmed by unpublished per curiam opinion.

ON BRIEF: Christopher W. Adams, ADAMS & BISCHOFF, LLC, Charleston, South Carolina; Matthew K. Winchester, LAW OFFICES OF MATTHEW K. WINCHESTER, Atlanta, Georgia, for Appellant. Brook B. Andrews, Acting United States Attorney, William J. Watkins, Jr., Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Columbia, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 24-4670 Doc: 38 Filed: 06/08/2026 Pg: 2 of 16

PER CURIAM:

In the quiet town of Calhoun Falls, South Carolina, a failing marriage between

Defendant Jonathan McCaslan and his wife Kimberly soon became the center of a strange

and troubling series of events. Allegedly seeking an upper hand in the divorce proceedings,

McCaslan began directing police attention toward Kimberly. McCaslan started with

repeated calls to local police, reporting incidents involving Kimberly. Over time, however,

the situation escalated beyond ordinary complaints. According to the Government, the

chain of events ultimately culminated in McCaslan mailing threatening letters containing

a white powdery substance that were written and addressed to suggest that Kimberly was

the sender. The white powdery substance was later revealed to be benign.

Based on these letters and DNA evidence derived from them, the Government

charged McCaslan in a four-count indictment for cyberstalking, mailing of a threatening

communication, and making a false chemical threat. A jury convicted McCaslan on all

counts.

On appeal, McCaslan argues that the evidence was insufficient to sustain his

conviction for the false chemical threat counts because the letters contained only a powdery

substance and did not explicitly reference any chemical agent or weapons. He also argues

that the district court erred in overruling his chain-of-custody and authentication objections

regarding a letter, envelope, and stamp used to collect the DNA samples. Neither argument

warrants reversal.

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I. Background

A. Events in Calhoun Falls

Defendant Jonathan McCaslan and Kimberly were separated and going through a

divorce during the events giving rise to the indictment. J.A. 229. 1 The Government alleges

that McCaslan engaged in a series of actions intended to gain an advantage in the divorce

proceedings, ultimately culminating in the mailing of anonymous, threatening letters

designed to implicate Kimberly. Id.

1. Events Leading Up to the Letters

One fall evening, Kimberly drove to the Savannah Grill to get dinner. J.A. 257.

The Savannah Grill was one of only two places to eat in town, the other being a 7-Eleven.

Id. As one witness described it, this was “small town South Cackalacky.” Id.

When Kimberly arrived, Officer Jordan Smith was already in the parking lot. Smith,

the narcotics investigator and one of only three full-time officers at the Calhoun Falls

Police Department, knew McCaslan from his time as a volunteer firefighter but knew

Kimberly only by name. J.A. 256–57. Smith was there because McCaslan had tipped him

off, telling him both when Kimberly would be at the restaurant and that she would be

driving on a suspended license. J.A. 264–65.

Smith watched Kimberly enter the restaurant and order her food. Id. When she

came back outside, Smith approached her and asked if she’d “gotten her license fixed.”

1 Citations to “J.A.” refer to the joint appendix filed by the parties. The J.A. contains the record on appeal from the district court. Page numbers for citations to the J.A. utilize the “[J.A. or JA] #” numbering at the bottom of the page on each document.

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J.A. 265. Kimberly initially advised him that she had, but after some light questioning, she

fessed up and told him that she didn’t have a valid license. J.A. 427–28. Rather than

issuing her a ticket, Smith allowed her to call someone with a valid license to pick her up

from the restaurant. Id.

For the moment, the encounter ended quietly. Id. Kimberly later testified that she

believed “that there was nothing else to it.” J.A. 426.

Approximately two weeks later, another strange development surfaced. Kimberly,

a licensed nurse, was purportedly contacted by the state nursing board regarding a prior

traffic stop in which she had been arrested for driving with a suspended license and

possessing pain medication without a valid prescription. J.A. 367, 435. But the board’s

inquiry did not reach Kimberly directly. J.A. 368, 389. Instead, the email requesting a

statement was sent to aparamedic01@hotmail.com, an account belonging to McCaslan.

J.A. 368, 389. Although Kimberly had previously used her own email address to renew

her license, the most recent renewal listed McCaslan’s email instead. J.A. 370–71.

The nursing board requested a response by return email, but it received a mailed

letter instead. J.A. 368, 373, 377. The letter appeared to come from Kimberly and read

like a confession. J.A. 375-76. It contained statements admitting to stealing controlled

substances, forging prescriptions, and working outside the state in violation of licensing

regulations. Id. It also urged the board to review the guardian ad litem report from the

divorce proceedings. Id.

Around the same time, another dispute arose involving the divorcing couple.

McCaslan contacted another Calhoun Falls police officer, Officer Perry Hill, and reported

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that Kimberly had sold a generator that belonged to them as marital property. J.A. 355.

Kimberly had in fact sold the generator and asked her son to deliver it to the buyer. J.A.

434. When Hill questioned the son, Kimberly intervened, reminded Hill that her son was

a minor, and asked that all questions be directed to her. J.A. 434–35. This encounter lasted

about twenty minutes. J.A. 356.

During the following week, the officers considered whether criminal charges against

Kimberly might be appropriate based on both the generator dispute and the earlier

Savannah Grill incident. J.A. 268. Smith sought a warrant for the restaurant incident and

Officer Treaco Hoover (who was following up for Hill) sought one for the generator

incident. Id. Only one of those efforts succeeded. Id. Warrants were issued for the

restaurant incident, but the magistrate judge decided that the generator dispute belonged in

family court. Id. McCaslan learned of the magistrate judge’s decision and was upset that

only one set of warrants was issued. J.A. 593; J.A. 357; J.A. 269.

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United States v. Johnathan McCaslan, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-johnathan-mccaslan-ca4-2026.