Federal Coram Nobis Granted, Removal Avoided

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…

Fourth Circuit finds child abuse statute does not qualify as predicate conviction for Guidelines sentencing enhancement; could have sweeping impact on second degree assault enhancements

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…

Suppression Won, Client Walks

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…

Fourth Circuit demands more than a police officer’s visual estimate of speeding to justify traffic stop

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…

Expert Notice in 2255 Proceeding

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…

Fourth Circuit Rules on Career Offender Status

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…

Fourth Circuit’s Pro-Defendant Ruling: US v. Massenburg

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….