Criminal Defense Lawyer Blog
A 35-year-old man from Baltimore was recently sentenced to 6 years in federal prison for illegal possession of a firearm. The defendant was on federal supervised release at the time of the offense, which is the federal term for probation, and therefore was also found violation of that supervised release. He was sentenced to two years in federal prison for the probation violation, which will be served consecutively for a total of 8 years to be served in prison. The original probation case stemmed from a 2018 charge for illegal possession of a firearm, the same offense he was found guilty of earlier this year.
According to a press release from the U.S. Attorney’s Office for the District of Maryland the man was pulled over for a traffic violation on Loch Raven Blvd. in northeast Baltimore in March of 2023. During trial police officers testified that the man was moving in his seat prior to officers approaching the vehicle. These so-called furtive movements aroused law enforcement suspicion and led police to order the man out of the vehicle. Police immediately located a 9 mm handgun loaded with eight rounds of ammunition on the driver’s seat directly underneath the defendant’s legs and placed him under arrest. Officers did not need separate probable cause to search the vehicle because the gun was observed in plain view upon ordering the driver out of the vehicle. Police are afforded the ability to order an occupant out of a vehicle during a traffic stop for officer safety reasons, and this is not considered a detention that requires PC of a crime. The reason for the stop would still have to be valid under the reasonable suspicion standard. After the Baltimore Police Department arrested the defendant, the feds were notified and eventually took over prosecution of the case with the assistance of the ATF.
This case serves as a constant reminder that the feds are highly willing to pick up state cases involving illegal possession of a firearm. When most people think of federal prosecutions they think of multi-state criminal conspiracies, financial fraud or drug trafficking, but unlawful firearm possession continues to be a hot button issue in Baltimore City and the Washington D.C. Metro areas. This particular case was ripe for federal prosecution due to the defendant already being on federal probation, but we continue to see a large number of gun cases prosecuted in federal court.
Another thing to remember is that just because a case is prosecuted in federal court does not necessarily mean the defendant is going to end up serving a lengthier sentence. It’s true that law enforcement officers and prosecutors will be more buttoned up in their prosecutions, but ultimately the sentence may end up being lower in federal court if the case is handled properly by a competent and experienced criminal defense lawyer. The federal sentencing guidelines are advisory, which means the judge can downward depart if the circumstances warrant a lower sentence. Additionally, there is no mandatory minimum sentence for illegal possession of a firearm in federal court. In state court the 5-year minimum mandatory is often used as leverage by prosecutors to convince a defendant to accept a plea, but this does not occur in federal court.
We are not saying that a federal sentence is likely to be lower, but if the defendant does his or her part in preparing for sentencing there is a good chance of a downward departure. Notice that this particular case was not concluded until more than 2.5 years after the original arrest, which is long time but not totally unheard of for a federal prosecution. A defendant who is out on supervised release should make a real effort to be as productive and compliant as possible before sentencing, as actions always speak louder than words in court. The Blog will continue to post on federal gun prosecutions in the Baltimore and Greenbelt federal courthouses. If you or a loved one needs legal assistance, contact adult and juvenile Maryland gun crimes lawyer Benjamin Herbst anytime for a free consultation at 410-207-2598. Benjamin specializes in gun crimes such as minor in possession and illegal possession of a firearm by a convicted felon or other disqualified individual and handles cases in all state and federal courts in Maryland. He is also an experienced probation violation lawyer.
Resources:
Baltimore Felon Sentenced to Federal Prison for Illegally Possessing a Firearm and Ammunition, justice.gov.