Daniel McIntosh’s Pot-conspiracy Sentencing Postponed Again
Published: September 25, 2013
Former Sonar nightclub co-owner Daniel McIntosh was convicted by a federal jury last November of participating in a massive decade-long cross-country pot conspiracy, but his sentencing—initially scheduled for April 1—has been postponed repeatedly. The most recent postponement moved the date from Sept. 18 to Jan. 27, 2014, despite Assistant U.S. Attorney Deborah A. Johnston’s strenuous arguments that it shouldn’t be.
In urging another postponement, McIntosh’s attorney, Carmen Hernandez, explained to U.S. District Judge Roger Titus that McIntosh has a hearing scheduled for December in Baltimore County Circuit Court that, if it turns in his favor, may dramatically reduce the amount of federal prison time he’s facing in the current case.
The Baltimore County hearing will determine whether or not one of McIntosh’s two prior pot convictions will be reversed—and if it is, the career-criminal mantle will be removed from McIntosh, Hernandez’s motion explains. Without the sentencing stigma of being a career criminal, instead of 360 months to life in prison, McIntosh’s maximum sentence would be 210 months—or possibly as low as 135 months, depending on some disputed sentencing factors—with the possibility of a 10-year mandatory minimum.