Brent Newton
Federal Criminal Defense · Civil Litigation · Federal Appellate Practice
A federal practitioner of uncommon depth — equally at home before a jury, an appellate court, and at the highest levels of federal sentencing policy-making.
Overview
Brent Newton serves as Of Counsel to Khalil Kinchen, where he brings a command of the federal legal system that few attorneys anywhere can match.
In over three decades of practice, he has represented clients at every level of the federal courts — from jury trials through Supreme Court argument — across both criminal and civil matters, and spent nearly a decade shaping the sentencing guidelines that govern federal courts nationwide.
After graduating from Columbia Law School, where he was a Kent Scholar and senior editor of the Columbia Law Review, Brent clerked for Judge Carolyn King of the U.S. Court of Appeals for the Fifth Circuit. He then spent thirteen years as an Assistant Federal Public Defender in Houston, eventually leading the office's trial court division. He has also represented several federal capital defendants in pretrial proceedings as well as several dozens of death row inmates in Texas and Florida in direct appeals and habeas corpus proceedings — work that demanded both technical mastery and the kind of moral resolve that defines a career.
In 2009, Brent was appointed Deputy Staff Director of the United States Sentencing Commission, where he spent nearly a decade advising presidentially-appointed Commissioners on federal sentencing law and policy, working on guideline amendments, and authoring Commission publications and reports to Congress. That experience gave him an institutional understanding of federal sentencing that no practitioner can acquire from the outside.
Since returning to private practice in 2019, Brent has built a broad federal practice spanning criminal defense, civil litigation, and federal appellate practice. He has handled more than one hundred federal appeals across six different circuit courts — the Second, Fourth, Fifth, Ninth, Tenth, and Eleventh Circuits. He argued before the Supreme Court of the United States in 2008, and currently serves as co-counsel in a matter in which the Court granted certiorari in October 2025. That depth of appellate experience is rarely found outside of the largest firms. It is even rarer to be paired with the kind of trial and sentencing experience that Brent brings. As an assistant federal public defender, he obtained eleven full acquittals as first-chair or sole defense counsel. And he has worked on hundreds of federal sentencing cases.
On the civil side, Brent's federal practice encompasses complex civil litigation, False Claim Act litigation, and immigration matters in both removal and asylum proceedings. His ability to move between civil and criminal federal practice — fluently and at the highest level — reflects a mastery of federal procedure and advocacy that few lawyers develop over an entire career.
A member of the American Law Institute and the author of three books and dozens of law review articles, Brent has presented on federal criminal law topics at the State Bar of Texas’s Advanced Criminal Law course repeatedly since 1999. He has taught over 100 semester law school courses — including both civil procedure and criminal procedure — at the University of Houston Law Center, Georgetown Law Center, American University's Washington College of Law, and Penn State Dickinson Law.
Brent’s clients benefit not only from his trial experience and appellate skill but also from a perspective on the federal system informed by his practical experience, policy-making experience, and scholarly pursuits.
Recognition
Awards & Honors
Martindale-Hubbell "AV Premier" Peer Rating
Elected Member, American Law Institute (2010–present)
Student Bar Association "Professor of the Year" — Penn State Dickinson Law (2024–25)
Student Bar Association "Adjunct Professor of the Year" — Washington College of Law, American University (2013–14)
Student Bar Association "Professor of the Year" — University of Houston Law Center (2008–09)
Named "Outstanding Assistant Federal Defender" — National Association of Federal Defenders (2006, one of four nationally)
Representative Experience
Selected Matters
Federal Criminal Defense
Complete Acquittals · Served as first-chair or sole defense counsel in eleven federal jury trials resulting in complete acquittals (all in S.D. Tex.)
United States v. Redko · S.D. Texas (2022) Obtained dismissal with prejudice of all charges after a multi-week jury trial in a complex federal healthcare fraud case.
Filed successful motions striking the government's notice of intent to seek the death penalty in three separate federal cases — United States v. Hue (E.D. Va. 2026), United States v. Merrell (N.D. W. Va. 2025), and United States v. Constanza-Galdomez (D. Md. 2025).
Federal Appellate and Post-Conviction Practice
Hunter v. United States · U.S. Supreme Court – Currently serving as co-counsel in Hunter v. United States, No. 24-1063, a case in which the Supreme Court granted certiorari in October 2025 to review the Fifth Circuit's decision.
Gonzalez v. United States · U.S. Supreme Court (2008) – Lead counsel for the petitioner, presented oral argument before the Supreme Court of the United States.
Dunbar et al. v. Maryland · Maryland Appellate Court (2025) – Reversed first-degree murder conviction and remanded for retrial.
United States v. Lewis · Ninth Circuit (2024) – vacated sentence and remanded for resentencing based on sentencing guidelines error.
Akam v. Garland · Ninth Circuit (2023) vacated Board of Immigration Appeals’ denial of asylum and remand for further proceedings.
United States v. Arrington · (D. Md. 2025) – District court granted Section 2255 motion, vacating the defendant's robbery and firearms convictions.
Expert Witness · Federal Sentencing
Retained as subject matter expert on federal sentencing in multiple matters, including extradition proceedings in Westminster Magistrates Court (London, England) and the Cayman Islands, and in a prisoners' class-action civil rights lawsuit in the U.S. District Court for the District of Columbia.
Speaking & Teaching
Engagements
2025
Keynote Speaker and Panelist, "What Works and What Could Work Better: International Lessons on Sentencing Guidelines" — University of Glasgow School of Law, Glasgow, Scotland
2025
Moderator, "The Second Amendment After Bruen" — Penn State Dickinson Law Symposium, Carlisle, PA
2024
Panelist, Expert Roundtable on Federal Supervised Release — U.S. Sentencing Commission, Washington, DC
2024
Keynote Speaker and Panelist, "Empowering Policy: The Role of Data in Modern Sentencing" — University of Surrey School of Law, Guildford, England
2024
Panelist, Expert Roundtable on Criminal History/Categorical Approach — U.S. Sentencing Commission, Washington, DC
2020, 2024
"Hot Topics in the Supreme Court's Fourth Amendment Jurisprudence" & "Constitutionalizing Your Objections at Trial" — Federal Public Defender's Office/CLE for CJA Panel Attorneys, Phoenix, AZ
2016
Moderator, Expert Roundtable on Structural Reform of the Federal Sentencing System — U.S. Sentencing Commission, Washington, DC
1999–2025
Regular Presentations on Federal Habeas Corpus Practice, Federal Pretrial Motions Practice, and Federal Sentencing Issues — Advanced Criminal Law Course, State Bar of Texas (Corpus Christi, Dallas, Houston, and San Antonio)
Books
Publications
Criminal Litigation and Legal Issues in Criminal Procedure: Readings and Hypothetical Exercises (Wolters Kluwer/NITA, 5th ed. 2023)
Practical Criminal Procedure: A Constitutional Manual (Wolters Kluwer/NITA, 4th ed. 2021)
Trial Advocacy in Action: 20 Exercises to Sharpen Your Criminal Case Skills: United States v. McKay (Mock Trial Case File) (NITA/LexisNexis, 2015)
Selected Law Review Articles
Incentivizing Ineffective-Assistance-of-Counsel Claims Raised on Direct Appeal, 22 Journal of Appellate Practice & Process 107 (2022)
A Partial Fix of a Broken Guideline: A Proposed Amendment to Section 2G2.2 of the United States Sentencing Guidelines, 70 Case Western Reserve L. Rev. 53 (2019)
The History of the Original United States Sentencing Commission, 1985–87, 45 Hofstra L. Rev. 1167 (2017)
The Supreme Court's Fourth Amendment Scorecard, 13 Stanford Journal of Civil Rights & Civil Liberties 1 (2017)
The Real-World Fourth Amendment, 43 Hastings Constitutional Law Quarterly 759 (2016)
The Story of Federal Probation, 53 American Criminal Law Review 311 (2016)
"How Can You Defend Someone You Know is Guilty?": Reflections of a Public Defender, 33 American Journal of Trial Advocacy 167 (2009)
Almendarez-Torres and the Anders Ethical Dilemma, 45 Houston Law Review 747 (2008)
A Primer on Post-Conviction Habeas Corpus Review, The Champion (June 2005)
Education
Academic Background
Columbia University School of Law
J.D., 1992 · Kent Scholar; Harlan Fiske Stone Scholar; Senior Editor, Columbia Law Review
University of North Carolina at Chapel Hill
B.A., History, 1989 · Graduated with Highest Honors; Phi Beta Kappa; Harry S. Truman Scholar
Academic Appointments
Practitioner in Residence — Penn State Dickinson Law, Pennsylvania State University (2021–present)
Adjunct Professor of Law — Washington College of Law, American University (2009–present)
Adjunct Professor of Law — Georgetown University Law Center (2010–2024)
Visiting Professor of Law — Seoul National University, South Korea (Summers 2012 & 2016)
Adjunct Professor of Political Science & Criminal Justice — University of Maryland System (2010–2019)
Lecturer — University of Houston Law Center (2000–2009; Visiting Associate Professor, 2007–08)
Admitted to Practice
Bar & Court Admissions
District of Columbia · Florida · Maryland · Texas
U.S. District Court, District of Maryland; U.S. District Court, Eastern District of Texas; U.S. District Court, Northern District of Texas; U.S. District Court, Southern District of Texas
U.S. Court of Appeals, Second Circuit; U.S. Court of Appeals, Third Circuit; U.S. Court of Appeals, Fourth Circuit; U.S. Court of Appeals, Fifth Circuit; U.S. Court of Appeals, Ninth Circuit; U.S. Court of Appeals, Tenth Circuit; U.S. Court of Appeals, Eleventh Circuit U.S. Court of Appeals
Supreme Court of the United States
Also Authorized to Practice in Immigration Matters — Executive Office for Immigration Review