United State v. J.B.
Noell Tin represented Jimmy Bijoux at trial and then on appeal to the Fourth Circuit Court of Appeals and the U.S. Supreme Court. Bijoux initially faced drug charges and charges of possessing a firearm and ammunition by a convicted felon. In a pretrial hearing, Tin won a suppression motion regarding the drugs and the Government dismissed the drug charges. Bijoux then pled guilty to possession of a firearm and ammunition by a convicted felon. Over Tin’s objection, the trial judge enhanced Bijoux’ sentence to 20 years based upon evidence of drug quantity presented at the sentencing hearing, but for which Bijoux had not been tried. Tin challenged the sentence and the Fourth Circuit affirmed. But the U.S. Supreme Court summarily reversed the ruling, finding that the trial judge relied upon facts about drugs not proven beyond a reasonable doubt to a jury. On remand, Bijoux received an 8-year sentence. The case was covered by the national media, including the Wall Street Journal.