Brown Law Blog

Firm Wins 97-month Sentence Reduction

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….

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Appeals Court’s Order / Remand

Here is today’s Order from the Court of Special Appeals in the Syed case: Remand Order…

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Syed Oral Arguments FAQs

Oral arguments in the Syed case are set for the morning of June 9. I have been receiving a lot of questions about how the appeal will proceed. Here are the answers, as best as I can give: Q: Is the hearing open to the public? A: Yes. However, there is limited seating capacity. As…

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Syed: Against All Odds

We recently came across some statistics regarding how frequently the Maryland Court of Special Appeals grants an Application for Leave to Appeal (ALA). As you recall, Adnan Syed, after losing his post-conviction proceeding, filed an ALA. Essentially, in the ALA, Syed asked the Court for permission to file an appeal. This was necessary because a…

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Fourth Circuit Disappoints… Yet Again

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…

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How We Won It: The Philandering Cop

The Firm won a major victory in a state post-conviction proceeding early this year. The client, who we will call CM, was convicted of murder about 10 years ago, and sentenced to life with all but 50 years suspended. The facts were cloudy at best, and CM maintained his innocence. Because it is extremely difficult…

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Fourth Circuit Disappoints in Whiteside

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…

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Extraordinary Win in Resentencing

The Firm recently won an extraordinary victory in a Motion for Modification in Prince George’s County. Our client was one of the youngest individuals ever convicted of murder in the State of Maryland — he was only 14 years old. When he was sentenced, almost 15 years ago, the Judge imposed a term of “life suspend…

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Drug Reduction to be Retroactive

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…

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Whiteside: New Relief for Career Offenders

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…

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Federal Drug Offenders’ Sentence Reduction

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…

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Smarter Sentencing Act Passes Major Hurdle in Congress

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…

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Federal Drug Sentence Reduction Possible in Spring

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…

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Why We Fight — Holiday Version

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…

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Harsh Federal Sentencing Tactics: Nothing New

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…

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Our Discriminatory Bail System

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…

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An Increase in Federal Good Time Credit?

Every couple years, it seems, there is a new effort to implement a law that would allow federal inmates to earn more good-time credit, and thereby shorten their sentences. Rep. Jason Chaffetz, a Republican from Utah, sponsored the latest effort, which was sent to the Judiciary Committee.

Under current law, a federal inmate receives up to 54 days off his sentence for good-time credit. This means BOP inmates serve about 85 percent of their actual sentences – a rate far higher than most state systems….

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