CONVICT FACING 30 YEARS SAYS SENTENCING UNJUST

Brandon Rivers' family says the Wilmington native is the victim of a
glaring injustice.

Mr. Rivers, currently beginning a 30-year federal prison term,
indicates in motions he filed before sentencing Aug. 17 that his case
was mishandled from the start.

His lawyer says Mr. Rivers' previous record, combined with strict
federal sentencing guidelines, led to the no-nonsense sentence
imposed by Senior U.S. District Judge James C. Fox six months after a
jury found him guilty of felony counts of conspiracy to possess and
distribute more than five grams of crack cocaine and distribution of crack.

The truth likely lies somewhere in between.

"Brandon is like a man on death row now," Vernal Rivers said. "My son
wants to live. I have a very intelligent son. He just made some dumb
decisions in life."

According to court documents, Mr. Rivers and several other
co-defendants were involved in cocaine dealing five times during
April and May 2004. One of the incidents, on May 2, involved 2.5
grams of cocaine purchased by an undercover agent for $300.

He was arrested by Wilmington police Oct. 12, 2004. Other defendants
gave statements implicating Mr. Rivers, who has since filed motions
stating that he was provided insufficient evidence in his case by
prosecutors to make an educated decision about how to proceed.

Mr. Rivers, 29, turned down a plea offer made earlier this year by
federal prosecutors that would have meant a prison sentence of about
12 years. His two-hour jury trial ended in conviction on the
drug-related felony charges, leaving the sentencing up to Judge Fox
and federal statutes.

Because he was already a convicted felon with prior cocaine
possession and assault with a deadly weapon convictions, Mr. Rivers
fell into the "career offender" category reserved for three-time
felons, said his lawyer, Geoffrey Hosford.

"His status as a career offender, coupled with his status as a person
eligible for sentence enhancement based on a prior drug conviction,
resulted in his sentencing. Brandon received a sentence based on his
criminal record," Mr. Hosford said. "It kind of leaves you in a
situation where young guys receive draconian sentences based on
conduct that occurs as a teenager."

The sentencing range for Mr. Rivers was from 10 years to life, Mr. Hosford said

"Congress has told the courts that career offenders should receive as
close to the maximum sentence as possible, so if you're a career
offender, you're going to get a lengthy sentence," Mr. Hosford said.

Federal sentencing guidelines provide no solace to Mr. Rivers' four
children, who are between the ages of 2 and 13. Despite a
debilitating illness, Mr. Rivers' mother has legal custody of the
three oldest children.

Ms. Rivers questions the way a 1994 case against her son was handled,
and wonders how it affected his recent sentencing. Mr. Rivers was 19
when he was convicted of robbery with a dangerous weapon in New
Hanover County Superior Court. He received a 14-year prison term, and
served more than eight years before his release in 2002.

His lawyer in that case, Thomas M. Wade Jr., was disbarred in 1995 by
the N.C. State Bar while under investigation for misappropriation of
funds entrusted to him by clients. The federal prosecutor in the 2004
case said he was unaware that Mr. Rivers' lawyer in the 1994 case was
disbarred.

"I'm not going to comment on Mr. Rivers' prior record. I don't think
that is appropriate," Assistant U.S. Attorney Michael G. James said.
"All prior convictions that are scoreable factor into the advisory
sentencing guidelines," Mr. James said. "The sentence is driven by
the offense and conviction and the prior criminal history that is scored."

Mr. James said he could not comment on any evidence issues raised by
Mr. Rivers in his motions to the court.

Mr. Hosford said he pointed out to Judge Fox that many of the
offenses on Mr. Rivers' criminal record occurred when his client was
still a youth.

"Judge Fox considered it and imposed a sentence he felt was
appropriate," he said. "I didn't want Brandon to get 30 years. He
refused a plea offer."

Ms. Rivers, 47, is a recovering alcoholic. She admits she could have
raised her son better. But she is there for him now, and hopes he can
be granted a new trial on appeal. Meanwhile, Mr. Rivers is being held
in the Wilson County jail, awaiting assignment to a federal facility.

"Brandon's struggle in life started a long time ago. I try to keep
fighting for him because he wants to live. He doesn't want to die,"
she said. "I just wanted him to be sentenced fairly, not have
freedom, because I know he is not going to walk away a free man. I
want Brandon to be sentenced for the part he played. Give him the
time he deserves."