“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…

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…

It is a sad state of affairs when Debo Adegbile cannot be confirmed to head the Justice Department’s Civil Rights Division. The Senate last week rejected his appointment – after President Obama nominated him. What is sad is the reason why he was not approved, despite his stellar credentials. He was not approved because, when…

One of the great injustices of the Maryland state bail system is that it discriminates against the poor. People who are charged with crimes are often held on high bails that they cannot possibly afford. This can happen for even relatively minor criminal allegations. The only way they can get out is by paying a…

FEDERAL AND STATE GUN OFFENSES BALTIMORE, MARYLAND In Alston v. State, an unusual opinion that was 8 years in the making, the Maryland Court of Appeals (Chief Judge Bell) held, among other things, that a felon in possession of a handgun is not subject to the mandatory 5 years without parole — if the predicate conviction…

FEDERAL DEFENSE MARYLAND / 2255 This past week the Firm won another 2255 Motion. In US v. Gerome Young, the defendant was convicted of being a felon in possession of a firearm. At sentencing he was determined to be an armed career criminal, based on three prior convictions for either a serious drug offense or…

FEDERAL CRIMINAL DEFENSE MARYLAND It is still early in the budget crisis known as “sequestration.” But, it is expected that cuts to federal spending will directly affect the criminal justice system, particularly in federal district court. The word is, the U.S. Attorney’s Office will have a smaller budget, which means they will prosecute fewer cases….

Coram Nobis — Baltimore City Federal Criminal Defense Baltimore, Maryland The firm won a contested coram nobis proceeding in Baltimore City last week. Our client was facing federal prosecution as an Armed Career Criminal. This was because he had three previous convictions for either drug felonies, violent felonies, or a combination of both. As an…

FEDERAL GUN LAW In the wake of the school shootings in Connecticut, much has been made about gun control and the NRA’s obstinate role in the proliferation of firearms. But in recent weeks another concerning role of the NRA has come into focus. As Linda Greenhouse points out in the Times, the NRA has begun…

Federal Criminal Defense Baltimore, Maryland For years Maryland’s second degree assault statute has been a thorn in the side of criminal defendants. Although second degree assault may result from a non-violent incident, it is almost always used by federal prosecutors as a “crime of violence” to enhance federal sentences – often to extreme results. In…

Federal Criminal Defense Baltimore, Maryland Judge Deborah Chasanow, a United States District Judge in the District of Maryland, has held that that a conviction under Maryland’s second-degree assault statute does not count as a crime of violence for purposes of a sentencing enhancement. In the case, United States v. Barrett Allen West, Judge Chasanow built upon…

FEDERAL CRIMINAL DEFENSE BALTIMORE, MARYLAND In United States v. Akinsade (No. 09-7554), the Fourth Circuit took a rare step and granted coram nobis relief to a Nigerian immigrant convicted in federal court. Akinsade, who came to the U.S. legally as a child, worked as bank teller at Chevy Chase bank when he was a teenager. When he…

Maryland Federal Criminal Defense In United States v. Gomez, (12-4089), the defendant, a citizen of El Salvador, was deported from the United States after pleading guilty to state child abuse charges. After reentering the U.S. without permission, the defendant was charged with illegal entry, and pleaded guilty in federal court. At sentencing, the government sought to…

Maryland Criminal Defense — Drugs The Firm scored a nice victory in Baltimore City Circuit Court today. Our client was charged with possession with intent to distribute CDS. He was facing a long sentence. We challenged the stop of his car, arguing that it was illegal, and attempted to suppress all of the evidence obtained…

Maryland Federal Defense In United States v. Sowards (No. 10-4133), the defendant was stopped for speeding after a police officer visually estimated that the defendant’s vehicle was traveling 75 mph in a 70-mph zone. The officer’s assessment was uncorroborated by other evidence, such as radar equipment or pacing methods. During the traffic stop, a K-9…

An interesting issue recently arose in a 2255 hearing in Federal Court. The Petitioner wished to use a “Strickland expert” — that is, another lawyer who would testify as an expert in a particular area of criminal defense. Presumably, this expert would testify that trial counsel — the subject of the 2255 — was ineffective…

The importance of having legal representation in court cannot be overstated. Today, associate attorney Melissa Kujda was awarded a default judgment against a landlord who tried to sue one of our clients. Every aspect of the landlord’s complaint was frivolous – the landlord was seeking rent that our client already paid, and the total amount…

In a published opinion, the Fourth Circuit found that the lower court was wrong when it counted the defendant’s prior conviction for second degree assault as a “crime of violence.” For some time, Maryland’s second degree assault statute has caused confusion in federal court. The Government inevitably argues that second degree assault must be a…

The Fourth Circuit has long been among the most conservative, pro-Government, anti-defendant circuits in the country. That may be slowly changing, however, with the appointment of progressive judges like Andre Davis. In a recent opinion, in US v. Massenburg, Judge Davis wrote for a panel that reversed a trial court’s denial of a suppression motion….

After winning a state court post-conviction, and obtaining a new sentencing, a white collar client of the Law Office of C. Justin Brown was granted additional relief by a Circuit Court judge this week. The Circuit Court Judge reduced the client’s sentence to a new term that should allow the client to get home by…