Author: Justin Brown

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…