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Washington v. United States

Court of Appeals of Columbia District

March 19, 2015

ROBERT E. WASHINGTON, APPELLANT,
v.
UNITED STATES, APPELLEE

Submitted January 15, 2015.

Appeal from the Superior Court of the District of Columbia. (CMD-11484-13). (Hon. John F. McCabe, Jr., Trial Judge).

William T. Morrison was on the brief for appellant.

Ronald C. Machen Jr., United States Attorney, and Elizabeth Trosman, Suzanne Grealy Curt, David Misler, and Ann K. H. Simon, Assistant United States Attorneys, were on the brief for appellee.

Before FISHER and BLACKBURNE-RIGSBY, Associate Judges, and PRYOR, Senior Judge.

OPINION

Fisher, Associate Judge :

On November 22, 2013, appellant Robert Washington was convicted of one count of unlawful possession of marijuana and one

Page 641

count of unlawful possession of drug paraphernalia following a bench trial. On appeal, he argues that the Marijuana Possession Decriminalization Amendment Act of 2014, D.C. Law 20-126 (effective July 17, 2014) (" Marijuana Decriminalization Amendment" ), should be retroactively applied to vacate his convictions. Because the act does not expressly state or necessarily imply that its provisions should be applied retroactively, we affirm.

I. Background

A. Appellant's Convictions

Appellant was charged by information on July 5, 2013, with one count of unlawful possession of marijuana and one count of unlawful possession of drug paraphernalia.[1] On November 22, 2013, he was tried, convicted on both counts, and sentenced to two concurrent terms of time served. He filed a notice of appeal that same day.

Evidence at trial showed that on July 4, 2013, officers of the Metropolitan Police Department found two bags of a green weed-like substance, an empty pill bottle, and 174 empty yellow and green baggies in appellant's van. Later drug ...


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