Brown & Nieto this week filed a federal habeas petition on behalf of Christopher Jones, who was falsely convicted in 2015 by allegedly corrupt Baltimore City Police officer Daniel Hersl. Jones has maintained his innocence since he was first arrested in Baltimore City and charged with drugs and a gun. According to Jones, Officer Hersl…

The Firm is happy to announce that today we defeated a life sentence in federal court. Eleven years ago, while represented by different counsel, D.E. was sentenced to life imprisonment for a non-violent drug offense. Because he had at least two prior drug convictions, he received a mandatory life sentence, without the possibility of parole….

In the past two years we have heard that Congress is on the brink of passing legislation that would reform our criminal justice system — by shifting away from the practice of warehousing drug offenders in prison, and moving in the direction of rehabilitation. This was one thing, it was reported, upon which Republicans and…

Brian Parker, a client of the Firm, was cleared today of all federal charges against him. Federal prosecutors had alleged that Parker was a leader of a Cherry Hill drug conspiracy. But yesterday, the U.S. Attorney’s Office agreed to drop all charges against him, and a motion to dismiss was granted today by a federal…

Lost in the excitement over the Supreme Court’s blockbuster decisions last week was a significant, albeit technical, case dealing with federal sentencing under the Armed Career Criminal Act (ACCA). The ruling should help a significant number of federal defendants who are serving harsh mandatory sentences. These people may be entitled to substantial sentence reductions. In…

The Law Office of C. Justin Brown this week obtained a sentence reduction of 97 months for a federal inmate. Sentence reductions of this magnitude are rarely seen in federal court. The client was convicted on drug charges in 2007 following a four-day jury trial. He was sentenced to 240 months (20 years) in prison….

Remember when it looked like the Fourth Circuit was on the brink of a significant change? When, after Obama got his nominees on the court, it would go from being super conservative to progressive? Well, that day has not yet come. The court today issued a major opinion that is heartbreaking for a class of…

The Fourth Circuit Court of Appeals this month issued a disappointing en banc opinion in U.S. v. Whiteside. At issue was whether Whiteside could obtain relief from a sentence in which he had been wrongly classified as a career offender. The panel held that he could not get relief because his petition was filed too late. The…

In an extraordinary decision with sweeping consequences to federal drug sentencing, the United States Sentencing Commission has voted unanimously to make the two-point drug reduction for federal prisoners fully retroactive. According to the Commission, the amendment will have an instruction that prohibits any person from getting released until Nov 1, 2015. It is estimated that…

“We owe C. Justin Brown such a debt of gratitude and there is nothing I can write in this review that will do justice to how my family and I feel about him and the job he did in representing my brother in a recent criminal defense case. Last year, my brother was arrested for…

A recent Fourth Circuit opinion gives some needed relief for a limited class of federal inmates. Whiteside v. United States opens the door for convicted defendants to bring post-conviction claims, under 28 U.S.C. § 2255, based on their erroneous classification as career offenders. This is likely to have the most impact on individuals who were…

The U.S. Attorney’s Office in Baltimore (and other offices around the county) has announced a new policy, effective March 13, in which certain drug offenders will receive a 2-level downward departure on the drug quantity chart. This is fantastic news and it aligns with imminent changes to the U.S. Sentencing Guidelines. Statistically, this amounts to…

A new law that would reduce drug sentences passed a major Senate hurdle this week with bipartisan support. It still has a long way to go before it will become law, but it is off to a good start. The Smarter Sentencing Act, which passed the Senate Judiciary Committee, would take some of the sting…

The Federal Sentencing Commission has recommended a change to the Sentencing Guidelines that could shorten drug sentences by an average of 11 months. This proposal is yet another indication that lawmakers and policymakers are starting to realize that federal drug penalties are way too long and  need to be reigned in. The Commission’s recommendation is…

I get asked the question all the time. Why do you represent criminal defendants? Sometimes I ask myself. But this is why. I have sat in prison visiting booths with inmates serving life sentences whom I believed were innocent. I have stood side by side with guilty defendants who were better human beings than the…

A recent report by Human Rights Watch underscores an obvious fact of federal drug prosecutions: the Government uses the threat of sentencing enhancements to all but force criminal defendants to plead guilty. As a result, 97 percent of federal drug cases result in guilty pleas. By statute, criminal defendants receive extreme mandatory enhancements in some…

The war on marijuana in the U.S. is waning. A recent Gallup poll reveals that more than half of Americans – 58% – agree that now is the time to legalize marijuana. In 2012, Colorado and Washington became the first states to legalize recreational use for adults and, this past September, the DOJ declared that…

This week U.S. Attorney General Eric Holder announced a change in policy that could offer some benefit to people charged with federal drug crimes. Make no mistake, these are policy directives only and not federal law – and their impact is likely to be minimal. In fact, I’m not even sure that we will see a real change. Nonetheless, it is at least a start in reforming our unfair, arbitrary, expensive, and self-defeating federal drug laws. Here is what Holder said he would do:

* Direct US Attorneys to develop local strategies for determining “when federal charges should be filed, and when they should not.” This may mean that local prosecutors should use more discretion when deciding which cases to actually charge federally….