Criminal Defense Lawyer Blog

Published on: September 30, 2021

Maryland Men Arrested With 400 Pounds of Marijuana

This past week two Maryland men were arrested in Indiana for dealing in marijuana after his van was pulled over on Interstate 70 for following another vehicle too closely. Local sheriff’s deputies allegedly observed several criminal indicators after pulling the vehicle over, which included the odor of raw marijuana and the presence of plant like material on the pants of the driver. A search of the van took place shortly after the traffic stop, and police discovered 16 cardboard boxes that contained numerous vacuum sealed plastic bags of pot. Back at the police station deputies weighed the bags and eventually tallied 400 pounds of cannabis. This large roadside bust resulted in charges for the driver and passenger, who were booked into the county jail and later bonded out. Both defendants now face potential jail time for charges when they return to court.

The Blog does not typically post about cases that involve drug busts in other states, but since the defendants hail from Maryland we thought it would be an appropriate way to write marijuana related automobile searches, which have been receiving a great deal of attention as of late. Despite nationwide efforts to legalize marijuana it is still an illegal substance in the majority of states, and remains a controlled substance under federal law. Therefore, police officers are still actively searching for suspected marijuana traffickers, and will be especially attracted to vehicles with out of state license plates traveling on interstates around the country. An out-of-state cargo van traveling with two adult male occupants couldn’t be more suspicious to highway patrol officers, so it’s no surprise this vehicle was pulled over. While it almost certainly will not appear in any official report, this particular vehicle likely caught the eye of the deputy sheriff long before it was involved in the alleged traffic infraction. Law enforcement officers are legally able to make pretextual traffic stops, which means they can pull a vehicle over for a minor traffic stop with the full intention of conducting a criminal investigation. It is for this reason that a large percentage of drug busts occur on interstate highways and other major thoroughfares.

In addition to pretextual stops, law enforcement officers in most states are able to search a vehicle upon observing signs indicating the presence of marijuana. This is especially true in Maryland, where the highest court has unequivocally held that the odor of marijuana justifies the search of a vehicle. Almost all law enforcement officers, and especially those from the Maryland State Police and the Maryland Transportation Authority police have special training in drug interdiction, which is the process of preventing drugs from reaching their intended destination. Much of this training includes identifying vehicles that could be transporting marijuana, heroin and other illegal controlled substances. On top of the list are vehicles traveling with out-of-state license plates or vehicles that are registered to rental companies. Police officers on Interstate 95 and Interstate 70 are rarely just looking to nail speeders, but rather are searching for their next drug bust. In this case, the Maryland men seemed destined for law enforcement attention and now they have criminal cases pending in a state with surprisingly lenient marijuana distribution laws. Unlike in Maryland, the equivalent to possession with intent to distribute cannabis is actually a misdemeanor in Indiana for all first time offenders. One of the men recently was charged with a drug offense in Baltimore County, but his case did not result in a conviction. it is unclear whether either defendant has priors in others states. The Blog will follow this case and others like it, and may post a follow up article in the near future.

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Published on: September 23, 2021

Heavy Police Presence as Ocean City Pop-Up Rally Begins

By Benjamin Herbst

The 2021 H2O1 pop-up car rally is officially underway, and law enforcement is preparing to keep this unofficial event as safe as possible. Despite a supposed move to New Jersey a few years back, the event still calls Ocean City home, and thousands will flock to Maryland’s Eastern Shore this week. The event has a decade of history in Worcester County, and despite lawmakers and the city police department’s best efforts, it does not appear to being going away any time soon. Lawmakers can’t simply ban the event because it is not an officially sanctioned event in the first place. There are no licenses issued by the town, and there is no promoter or company that actually runs the event. Short of closing down the town for the week or imposing some sort of over-intrusive curfew (which would never happen and would be unconstitutional) the town will once again be forced to make the event as safe as possible for participants and spectators alike.

In 2020 the number of arrests during the rally actually decreased from 121 the year before to an even 100. On the other hand, the amount of traffic citations issued during the event rose to nearly 3.5 thousand. Additionally, 350 cars were towed for various infractions including camber violations that make the cars illegal for street use. Many visitors to Ocean City have noticed signage on Coastal Highway that displays the Special Event Zone message, and this law was actually created back in 2018 in response to the Ocean City Pop-up rally. The town wanted to give police more authority to enforce the traffic laws, and believed that simply writing citations would not do the trick. Lawmakers succumbed to the pressure and created the Special Event Zone to give police authority to arrest drivers for so called “exhibition driving”.

According section 21-1132 of the Transportation Article under Maryland law, exhibition driving is defined as operating a vehicle in a manner that results in excessive or abrupt acceleration or deceleration, skidding, burning or smoking of the tires, swerving or swaying, or revving the engine in an unreasonably loud or disturbing manner. Grinding of the gears and causing the wheels to lose contact with the ground is also included in the statute. Exhibition driving while in Special Event Zone is now punishable by up to 60 days in jail, and a fine of $1,000, and police officers will arrest a defendant for this type of driving. We have seen numerous cases where defendants are arrested for exhibition driving even if their actions did not place anyone in danger. To make matters worse, some out of state defendants are not released by the commissioner, and could held overnight in jail until seeing a judge the next day. Not only will police arrest an individual for exhibition driving, the State’s Attorney’s Office will almost certainly prosecute these cases. In addition to exhibition driving being an arrestable offense, the fine for speeding in a special offense zone increases to $1,000. With the speed limit on coastal highway decreasing to 30 mph during the events, police are almost running out of paper to issue the tickets.

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Published on: September 17, 2021

Cecil County Man Sentenced for Federal Gun Violation

By Benjamin Herbst

This past week a 30-year-old Cecil County man was sentenced to more than four years in federal prison for narcotics conspiracy and possession of a firearm by a convicted felon. The case was originally prosecuted in the district and dircuit courts for Cecil County located in Elkton, but the feds decided to prosecute as part of their Project Safe Neighborhoods (PSN) initiative, which was developed by the Justice Department in an effort to curb violent crime. While we have posted numerous articles about federal gun and drug prosecutions in the Baltimore and D.C. Metro areas, this case is another reminder that the feds will pick up felony firearm cases in all Maryland jurisdictions.

According to facts presented in the plea agreement, the defendant’s vehicle was pulled over for speeding and failing to stop at a stop sign. Upon initiating a traffic stop the Cecil County Sheriff’s deputy observed the car shake and determined that the driver and passenger had switched seats. This obviously peaked the deputy’s suspicions, though it turned out there was much more in store for the deputy to deal with. Upon asking the two men for their identification, the defendant grabbed the gear shift and told the driver to go. The deputy was able to turn the vehicle off before it could move, but then the defendant took off on foot in an attempt to flee the scene. While attempting to escape the defendant was observed throwing an object that appeared to be a firearm. The defendant was eventually apprehended by police and found to be in possession of $1,802 in cash. Police also recovered a loaded firearm in the area where the defendant fled and a small quantity of marijuana in the vehicle. Finally, deputies recovered a small amount of crack cocaine in the back of the patrol car after the defendant was removed for a medical check. The traffic stop, including the defendant fleeing with what appeared to be a firearm in his hand, was all captured on the patrol car’s dashboard camera.

The defendant was originally charged with 12 state criminal counts including illegal possession of a firearm, loaded handgun in vehicle, handgun on person, obstructing and hindering, disturbing the peace, resisting arrest and CDS possession-not marijuana. He was held without bond while the state case was pending most likely due to the firearm charge and the fact that he attempted to flee from police. Judges often make the conclusion that a defendant is a flight risk and will be unlikely to appear as directed for court if he or she is accused of attempting to flee from police during the original crime. Logically the two are quite different, but this argument often falls short in moving the needle toward release. The case was transferred to circuit court but then dismissed after the feds picked it up a couple months later. Considering the defendant faced a 5-year mandatory prison sentence without parole on the state level, he likely did not receive a much harsher sentence in federal court. A defendant who is sentenced on a 5-year mandatory offense in Maryland state court for a crime such as felon/disqualified person in possession of a firearm may still be eligible to obtain credits for good behavior etc. The defendant’s 52-month prison sentence is pretty close to what he would have served had he been convicted in state court.

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Published on: September 9, 2021

Driver Sentenced to 10 Years for Manslaughter

By Benjamin Herbst

A Washington County man was recently sentenced to 10 years in prison followed by 5 years of probation after entering a plea to one count of manslaughter by vehicle in a grossly negligent manner. The 30-year-old defendant was originally charged in the District Court with numerous traffic citations such as DUI, reckless driving and driving on a suspended/revoked license. He was also charged with four criminal offenses included the criminal negligence and homicide by motor vehicle while under the influence of alcohol. All of the citations and criminal charges were transferred to the Circuit Court after the State’s Attorney’s Office filed a criminal information about two months after the incident.

Under the Maryland Criminal Code, a charge of manslaughter by vehicle is defined as causing the death of another by driving or operating a vessel in a grossly negligent manner. There is no requirement that the State prove the defendant was under the influence, though it almost always involves an element of drug or alcohol impairment. The charge is a felony that carries a maximum penalty of 10 years in prison upon conviction, but the max becomes 15 years if the defendant has a prior conviction for a drug or alcohol related driving offense. This penalty is significantly higher than the 5-year max for a conviction of homicide by motor vehicle or vessel while under the influence and the 3-year maximum sentence for manslaughter by criminal negligence. It is no surprise that the State was firm on extending a plea offer that involved the gross negligence penalty, especially considering the defendant had a least two prior drunk driving cases and was driving on a revoked license. The first took place back in 2013 when the defendant received probation before judgment for DUI. Just three years later the defendant was convicted of DUI and received a jail sentence.

While a 10-year prison sentence may seem harsh for a crime that only carries a maximum penalty of 15 years, the defendant essentially pled guilty to a third DUI, which resulted the death of a young man. According to comments made by the State and the judge at sentencing the family of the victim was in agreement with the sentence, which means the defendant likely would have received more time had the case proceeded to trial and resulted in a conviction for the top count. Assuming the defendant did not have any additional criminal convictions, his guidelines were probably in the range of 5-10 years of active incarceration. This means he received the top of the guidelines, though in cases like this the guidelines are not as influential on the state’s recommendation and ultimately the judge’s decision. DUI manslaughter cases, and cases involving gross negligence or criminal negligence are some of the toughest cases to defend, prosecute and judge due to their tragic nature, but it appears all sides came to an agreement in this case.

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Published on: September 2, 2021

Baltimore Man Asleep in his Car Arrested for Gun Possession

By Benjamin Herbst

The traffic stop has long since been a powerful investigative tool for law enforcement. Performing a traffic stop is perhaps the most common method for police officers to make contact with citizens. While the large majority of traffic stops remain just about the alleged traffic infraction, police are trained to look for signs of criminal activity immediately upon pulling over a vehicle. Sometimes suspects give police reason to escalate the situation by their words or actions, and other times the presence of criminal activity is based on something an officer sees or smells. Of all the traffic stops that an officer conducts, there is one scenario where the driver almost always ends up in handcuffs, and it occurs when the driver is asleep behind the wheel.

Obviously, a sleeping driver’s vehicle is rarely moving when police make contact, but Maryland case law has made it clear that an officer who approaches a parked vehicle is still making a traffic stop for legal purposes. A driver of a parked vehicle may have a legal argument if he or she is awake and not trespassing or committing some other obvious offense. In the case of the sleeping driver however, there will never be an issue about whether the officer has a legal basis to make the stop. Outside of being on private property, sleeping while in control of a motor vehicle is not only a sign that criminal activity may be afoot, but also presents a safety hazard that gives police the authority to investigate for welfare purposes. Most drivers who are asleep behind the wheel will be asked to step out of the vehicle and investigated for signs of drug or alcohol intoxication. A fair amount of DUI cases begin when an officer makes contact with a sleeping driver. In some cases though the stop becomes much more than a DUI investigation.

Back in pre-Covid era of March of 2019 (which seems like a lifetime ago) Baltimore police encountered a man asleep behind the wheel in a Reisterstown Road parking lot. Officers immediately observed signs of intoxication, including the usual slurred speech, and requested the man step out of the vehicle. Apparently in the man’s intoxicated state he forgot that he had a firearm protruding from his waistband, and he was immediately arrested. Police seized the the loaded handgun and subsequently performed a ballistics analysis to see if the firearm had been involved in any prior criminal conduct. As it turns out, the same firearm was discharged in public back in 2017 in a crime that was never solved. While nobody was injured, the incident was still part of an open investigation, and as a result Baltimore County police detectives ended up questioning the defendant about his knowledge of the Owings Mills shooting. Unfortunately for the defendant, he did not assert his right to counsel and proceeded to admit that he was the person who discharged the firearm in public, after taking it during a drug transaction. In exchange for his honesty the police proceed to charge the defendant with felony firearm possession, CDS possession of firearms and discharging a firearm in public.

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Published on: August 24, 2021

Howard County Man Sentenced to 7 Years for Stolen Car Operation

By Benjamin Herbst

Last week in Baltimore City a 49-year-old man from Columbia, Maryland was sentenced to 7 years in federal prison for operating an international stolen car scheme. Upon being released from prison the Howard County resident will be placed on three years of supervised release, as there is no parole in the federal correctional system. According to the facts presented by the government, and pursuant to his plea agreement, the defendant admitted to participating in the theft and exportation of at least 17 automobiles. The cars were either stolen from private owners or from rental agencies, and then shipped overseas after a sale was negotiated. The defendant attempted to avoid detection from customs officials by creating fraudulent paperwork, which misrepresented the contents of shipping containers. Most of the cars were shipped to Africa and likely left from the Port of Baltimore or transported to other ports by truck, though the government’s press release did not reveal the specifics.

Law enforcement caught on to the scheme pretty early in the process, and were conducting surveillance on the defendant as early as January of 2019. During this first encounter, Howard County Police and Homeland Security approached the defendant and questioned him about the stolen vehicles, but the defendant denied any involvement and was not taken into custody immediately. In fact, the defendant was not arrested until March of 2020, giving law enforcement ample time to build a strong case. Search warrants were executed on the defendant’s cell phones that revealed pictures of the stolen vehicles as well as communications to and from shipping companies, and law enforcement also recovered numerous emails from the defendant’s fictitious identity that he used to facilitate the illegal transactions. The defendant was ultimately arrested inside a rental vehicle that was rented through fraudulent means, and was overdue. After being questioned by law enforcement the defendant eventually admitted to knowing that the vehicles he shipped were stolen, and that he misrepresented the contents of containers to the shipping companies he contracted.

The defendant entered a guilty plea to two felony counts of conspiracy to commit interstate foreign transport of motor vehicles and knowingly transporting stolen vehicles. Transporting stolen vehicles under 18 U.S. Code § 2312 is a felony punishable by up to 10 years in prison. Unlike a charge for transportation of stolen goods, securities or moneys under 18 U.S. Code § 2314, the government does not need to establish a minimum value of the vehicle(s) in order to prove its case. A felony charge for interstate or international transportation of stolen goods requires a minimum value of $5k. Regardless of whether value is an essential element of the offense, value of the scheme has a dramatic effect on the federal sentencing guidelines score, and the eventual sentence. The estimated value of the cars in this particular scheme was over $850k, which means his sentencing guidelines increased by at least 14 levels based on the value of the scam alone. There were likely other aggravating factors that the judge took into account, as a 7-year term of incarceration is a considerable sentence for a theft scheme with a total value of less than $1 million. As we explain on the firm’s Maryland website, the value of any federal theft is a key factor in determining the likely outcome of a case, and an experienced federal criminal defense lawyer can explain the impact of the sentencing guidelines in more detail.

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Published on: August 16, 2021

Two Men Guilty of Federal Firearm Offenses

By Benjamin Herbst

Last week two Maryland men in their late 20s appeared in federal court on gun charges, and both will end up serving several years in prison. The first case was heard last Thursday in the Greenbelt federal courthouse, where a 29-year-old man from Suitland pled guilty to two counts of felon in possession of a firearm. The Prince George’s County man had been convicted of attempted distribution of cocaine in Washington D.C. back in 2014, which made him permanently ineligible to possess a firearm in all U.S. jurisdictions. Unfortunately for the defendant, law enforcement subsequently found him in possession of a firearm on at least two recent occasions. In June of 2020 Prince George’s County Police conducted a search of the defendant’s home pursuant to a warrant, and recovered a .40 caliber handgun, ammunition and CDS including buprenorphine and naloxone. These prescription drugs are used to treat heroin and other opioid addictions, but can be used as illicit substances. After being advised of his Miranda rights the defendant admitted that the firearm was in his possession.

The defendant was charged with possession with intent to distribute, and offenses related to false prescriptions. He was also charged with possession of a firearm by a convicted felon, illegal possession of a regulated firearm and possession not marijuana. The possession with intent (PWID) charge was of the variety that comes with a 5-year maximum penalty rather than the 20-year penalty that narcotics cases carry. Despite the severity of the charges, the defendant was released on bond one day after his arrest at a district court bail review. The defendant’s lack of prior violent criminal history likely played a role in his release, as did his ties to Prince George’s County. However, less than 4 months after his release he was arrested again on gun charges. This time the arrest took place in Washington D.C., and was the result of a traffic stop that turned into a foot chase. After the defendant was pulled over for running a stop sign, police discovered that he had an active Maryland circuit court arrest warrant stemming from the PG County gun and drug case. The U.S. Attorney’s press release does not specify why the defendant had the warrant, but it was likely for violating a condition of his pre-trial release or for missing court. After the defendant was confronted about the warrant, he took off on foot in attempt to fell from police. Officers then caught the defendant and located a loaded .45 caliber handgun in his jacket pocket. The feds stepped in not long after his arrest on the D.C. case, and charged both cases together in the Greenbelt federal court. The PG circuit court case was later dismissed along with the D.C. case, and now the defendant faces up to 10-years in prison on each count when he is sentenced in November of this year.

The second case occurred just one day later in the Baltimore City federal courthouse, where a 28-year-old Baltimore man was sentenced to 57 months in federal prison, followed by 3 years of supervised release for one count of felon in possession of a firearm. This defendant was originally arrested on state charges after being arrested at the end of 2019. According to the plea, Baltimore Police officers observed the defendant conduct a drug transaction and then gave chase. The defendant fled on his bicycle and eventually on foot, but officers caught up with him and found a loaded 9 mm handgun as well as cocaine and fentanyl packaged for sale. He was charged with possession of a firearm in a drug trafficking crime, illegal possession of a firearm, PWID narcotics and other offenses, though the state case was dismissed after the feds decided to prosecute. The defendant was prohibited from possessing guns due to felony convictions from 2015 that involved narcotics distribution.

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Published on: August 3, 2021

Maryland Moving Toward Marijuana Legalization

By Benjamin Herbst

This past week the Maryland House Speaker indicated that lawmakers will pass legislation to put marijuana legalization on the ballot in 2022. We have known for quite some time that legalization is coming, but this unequivocal statement from a top state lawmaker all but makes it official that Maryland voters will decide whether marijuana becomes legal in November of 2022. The Speaker announced the formation of a workgroup consisting of ten other state lawmakers, who will hammer out various legalization issues such as taxation, expansion of drug treatment programs and of course the licensing and regulatory aspects of cannabis production and sales. The group will also tackle criminal law issues such as initiating the dismissal of all open marijuana cases and expanding expungement to include past marijuana convictions. Lawmakers must also consider the impact of legalization on the state’s traffic laws and a police officer’s authorization to perform an automobile search based on the suspected presence of marijuana. It may not be a crime to possess small amounts of cannabis, but that doesn’t mean it’s legal. The suspected presence of contraband such as marijuana currently gives police the legal authority to search a vehicle, though this would undoubtedly change the minute pot becomes legal.

Anyone serving jail time for marijuana related crimes would also stand to benefit from legalization, though it is unclear how this would affect those serving time for marijuana distribution or possession with intent to distribute. Possession with intent to distribute marijuana a common offense, and it is still classified as a felony in Maryland regardless of the amount at issue. Many police officers will wrongly arrest a suspect for possession with intent to distribute based on nothing more than packaging and the presence of money or a scale. Lawmakers must find a way to address possession with intent to distribute assuming cannabis will be a legal substance within the next 15 months. As regular readers are aware, misdemeanor marijuana possession cases that end with the imposition of a jail sentence are becoming more infrequent. In addition, many possession cases end up being dismissed due to the difficulty in satisfying the chemical testing requirements in Maryland. The presence of THC alone is not sufficient to establish that a substance is in fact cannabis. Hemp is a legal substance in Maryland, and has officially been codified as having an acceptable THC level of .3 percent or less. Therefore, the presence of THC alone is not enough to distinguish between legal hemp and illegal cannabis. State prosecutors have essentially been forced to outsource their cannabis testing to private labs, sometimes in other states, or decline to prosecute. The MSP lab has not regularly been testing the THC percentages of suspected cannabis for quite some time.

Both Virginia and Washington D.C. have officially legalized marijuana for recreational use, and adults can grow their own pot without fear of arrest and prosecution. Recreational marijuana will not be sold in Virginia until 2024, and therefore it is still a crime to sell or possess with intent to sell. The Virginia law become effective on July 1 of this year, and now Maryland finds itself behind the curve in the region as it waits to join 18 other states that have legalized marijuana. The Blog will continue to follow this important issue as we have for the past 8 years since medical cannabis was signed into law. We will post a follow up article as more information comes out of Annapolis, and we fully expect marijuana to once again be the hottest topic in the next legislative session. If you have been arrested or charged with any offense in Maryland or Florida contact criminal defense lawyer Benjamin Herbst for a free consultation anytime at 410-207-2598. Benjamin has extensive experience defending drug cases such as possession with intent to distribute (PWID) and other CDS charges such as delivery and possession of cocaine, heroin and prescription pills. He also specializes in probation violations and juvenile criminal cases for all types of charges including assault and battery, firearm possession and theft. Contact Benjamin today to learn what defenses may be available in your case.

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Published on: July 28, 2021

Baltimore Man Guilty in Federal Robbery Case

By Benjamin Herbst

This past week in the Baltimore federal courthouse a 26-year-old defendant pleaded guilty for his involvement in three separate robberies in the Baltimore metro area. The first robbery took place in October of 2019 at a Baltimore City pharmacy. In this particular incident the government presented evidence that the defendant and his co-conspirator entered the pharmacy just as it opened in the morning, and while donning masks, gloves and glasses brandished a black revolver and demanded cash from the safe. The clerk gave the men over $1,600 and then was bound with zip ties while the pair fled in the victim’s vehicle.

One month later the two defendants committed a second robbery in Anne Arundel County. This robbery took place at a retail store, where the defendants entered right at closing time. Once again, the pair were clad in masks and gloves and carrying handguns. After taking over $3,000 from the store and striking a victim in the head, the defendants fled the scene in the victim’s vehicle. The final robbery was committed in December of 2019 in Baltimore County restaurant in Parkville. The defendants entered the restaurant at 7 a.m. just as the shift manager and another coworker were opening for the day, and once again the defendants brandished a firearm and demanded money from the restaurant safe. After stealing close to $4,000 from the safe and binding the victims with zip ties the defendants fled in one of the victim’s vehicles.

One day after the third and final robbery Baltimore County Police detectives located the stolen vehicle and surreptitiously outfitted it with a GPS tracker. Two days later police followed the vehicle as it moved and eventually attempted to effectuate a traffic stop. The defendant abandoned the vehicle and then fled on foot, but was then apprehended a short time later on Harford Road. After being arrested the defendant agreed to speak to police, and claimed he found the stolen vehicle that day and was merely taking it for a joy ride. Law enforcement officers obviously were not convinced and ended up charging him with robbery, assault in the first degree, motor vehicle taking and felony theft. The case was forwarded to the Circuit Court for Baltimore County with additional charges for use of a firearm in a crime of violence and CDS drug charges. In November of 2020 the case was nolle prossed after the feds decided to pick it up. While the U.S. Attorney’s press release does not mention the specifics, the feds were likely alerted after local law enforcement discovered the defendant’s involvement in the two other robberies. A search warrant was executed on the defendant’s phone, and law enforcement found pictures of large amounts of cash on the same day as the first robbery. Cell phone tracking data also showed the defendant was in the area of the first two robberies on the dates in question.

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Published on: July 16, 2021

Two Baltimore Men Sentenced to Federal Prison

By Benjamin Herbst

This week two Baltimore men received federal prison sentences for narcotics distribution, further serving as reminders that the feds are not shy about prosecuting drug cases in Baltimore City. Neither case seemed especially complex, and both defendants appeared to keep their illegal operations local, but nonetheless the cases ended up in federal court. Unlike many crimes, drug offenses do not need to be committed on federal property or across state lines in order to be prosecuted in federal court. The United States Code has strict controlled substance laws, and the feds can choose to prosecute anyone involved with suspected drug dealing. Normally in Maryland, street level cases are prosecuted in state court by the local State’s Attorney’s Office, but it’s quite a different story in Baltimore City.

The U.S. Attorney’s Office prosecutes a large number of drug and gun cases that would normally be filed in state court, and the two from this week are a classic example. On July 13, a 41-year-old man from Baltimore was sentenced to 5 years in federal prison for conspiracy to distribute and possess with intent to distribute crack cocaine. This particular defendant was ultimately jammed up for selling cocaine to multiple confidential informants in a particular area of East Baltimore. The defendant’s DTO or drug trafficking organization was not particularly large but nonetheless caught the attention of the ATF, and ultimately wound up in federal court. As part of the plea the defendant admitted to conspiracy to distribute more than 28 grams of cocaine, and also admitted to possessing firearms.

Just one day after the sentence was handed down for the 41-year-old defendant, another Baltimore man learned he would be spending the next 4 years in federal prison for conspiracy to distribute heroin, fentanyl and cocaine. This particular defendant was being investigated by a joint task force led by the DEA, who joined with Baltimore City Police in gathering evidence to support the defendant’s involvement with a street level drug trafficking organization. Law enforcement officers were ultimately able to secure a search warrant for the defendant’s residence, and recovered 147 grams of a heroin fentanyl mixture, cutting agents and a press containing cocaine. According to the U.S. Attorney’s Office, based on the evidence obtained it was reasonable to conclude that the defendant and his co-conspirators distributed more than to distribute more than 3.5 kilograms of cocaine, as well as heroin and fentanyl. The 5-year sentence may seem low compared to state sentences for narcotics distribution, but keep in mind that there is no parole in the federal justice system. Defendants typically serve more than 75 percent of their actual sentences compared to state defendants who are eligible for parole on non-violent offenses after serving 25 percent of their time. There were a total of 25 defendants indicted in this particular investigation, and 22 have pleaded guilty or been found guilty at trial. In March of this year the defendant’s alleged source of supply was sentenced to 10 years in prison for his role in the conspiracy.

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