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…

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…

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…

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…