TERMINATION OF FEDERAL SUPERVISED RELEASE- 2018-2019- (4 Cases)- Middle and Western Districts of Tennessee. I filed successful motions for early termination of supervised release for four clients. Three of those were defendants in high profile drug prosecutions.
STATE VS.TEG ( 2019) (Sumner County- Methamphetamine Possession With Intent). Client was an out of state resident who was arrested with others in a drug investigation in Sumner County. After lengthy negotiations the District Attorney's Office agreed to retire the charges.
WILLIAMSON COUNTY-JUVENILE (2019) client was charged with others for delinquency in conjunction with the accidental death of their close friend. This was a high profile investigation. After meeting with the Assistant District Attorney and presenting my argument why client should not be charged, the charge was subsequently dismissed.
U.S VS. JB- ( 2015-2018) ( Federal Drug Trafficking and Money Laundering- Nashville) This was one of the largest drug and money seizures in Middle Tennessee. The Client was facing life in prison and deportation. After battling and negotiating with the Government for three years we reached a plea agreement that resulted in my client receiving a sentence that was 65% below the bottom of his guideline range.
U.S. vs.DA- November 2018 ( Federal Drug Trafficking-Nashville) Client was arrested in 2015 for trafficking in large quantities of methamphetamine and heroin. He was facing a statutory mandatory minimum and 851 enhancement of 20 years. After several years of negotiations and preparing for trial I was able to get get the Government to agree to a 5 year sentence. Considering my client was facing a mandatory 20 years, that he had already spent over 4 years in custody awaiting trial and considering the two co-defendants received 10 year sentences, the results in this case were extraordinary.
U.S. vs. SFP- April 2018 ( Federal Transporting of Illegal Aliens-Nashville)-Client was facing prison and deportation. She was found NOT GUILTY at trial.
U.S. vs. KHL-2018 (Federal Harboring a Fugitive-Nashville)-client was facing 5 years in prison for being an accessory after the fact of a very serious robbery/homicide. After an extensive sentencing presentation client received a 30 day sentence followed by 5 months of house arrest.
U.S. vs. NA-2018 ( Federal Immigration Fraud-Miami)-client had confessed to marriage fraud and was facing a federal prison sentence followed by involuntary deportation. With the assistance of my associates Michael Matters and David Berger we were able to obtain a time served sentence for the criminal case and we then negotiated a reasonable bond with Immigration so client could have several months to get his affairs in order and then voluntarily depart for his native country.
U.S. vs. T. K.-2016-2018 ( Federal Grand Jury Target For Bankruptcy Fraud-Nashville)- 65 year old client had received a target letter from the U.S. Attorney's Office regarding a bankruptcy fraud investigation. The Government was certain they had enough proof to indict until I began investigating and reviewing their alleged evidence. As a result of my efforts the government eventually elected not to indict my client and he was spared the possibility of going to prison and facing deportation.
U.S. vs. TH (Federal-Middle District of Tennessee-(2015-2017)-DRUG CONSPIRACY (PILLS) Client was a sixty year old defendant in a large multi defendant pill conspiracy case. He had significant physical and mental health problems that led to his involvement with a major oxycodone trafficker. Due to the amount of drugs involved and his criminal history the sentencing guideline range was in excess of 3 years. I was able to have the client released on pre-trial release upon his arrest. I spent two years trying to convince the US Attorney's Office and U.S. Probation that any incarceration would be tantamount to a death sentence for my client. At sentencing the Government and Probation argued for home detention in lieu of prison but the judge agreed with me that a non custodial sentence was appropriate and she placed him on supervised release for 3 years.
U.S. vs. D.R (2014-2017)-Heroin Conspiracy Federal- Middle District of Tennessee- Client was a twenty-five year old defendant in a large federal heroin conspiracy when I began representing him. Although he was not a significant player in the conspiracy the client qualified as a "career offender" and his sentencing guideline range was 22-25 years. Other defendants in the case had signed off on plea agreements ranging from approximately 15-30 years.Through the use of medical experts and private investigators as well as rallying tremendous family support I was able to present significant mitigating information to the Court at sentencing. As a result the Court imposed a sentence of 5 years, which was approximately 75% off of his recommended guideline range. That type of guideline reduction sentence is very rarely seen in federal court, particularly when the government opposes it.
Williamson County- State vs. MW (2017)-Aggravated Assault
Client was convicted by a Williamson County jury of aggravated assault. He came to me to represent him for his sentencing hearing and for any post conviction motions or appeals. His prior counsel had unnecessarily put him in a very difficult situation where he was facing a lengthy prison sentence and he lacked credibility with the Court. Going to prison would have been an extreme hardship for him and his family. I was able to rehabilitate his image with the Court and after a lengthy sentencing presentation I convinced the Judge to impose a sentence of probation.
Federal-Middle District of Tennessee-Steroid Trafficking- U.S. vs RC (2015-2016). Client was defendant in a multi defendant Indictment for steroid and heroin trafficking. He was responsible for importing a significant amount of steroid components, manufacturing the steroids and then distributing them. I was able to secure pre-trial release for client for several years during which time he was able to demonstrate to the Court that he unquestionably ceased his involvement with controlled substances and he was able to develop an employment history that Judges love to see. I strongly urged the Judge to impose a term of probation despite the significant amount of steroids involved.The Judge imposed a sentence of one year, which was well below the sentencing guidelines and allowed my client to surrender on a later date at the designated facility. Client was very pleased with the outcome and he is currently serving his time in a minimum security camp in Kentucky.
Federal-Middle District of Tennessee-Marijuana Trafficking- U.S. vs JN (2015-2016). Client was under investigation for importing a large quantity of Marijuana from California to Tennessee. I was able to negotiate a scenario with the US Attorney's Office and the DEA Task Force whereby my client was never arrested or formally charged. Not only was he spared a prison sentence but he was able to keep his professional licenses and his long standing job. When I first took the case I was hoping at the very best to get the client a rare federal diversion but getting a no prosecution was even better. The process took several years and had a lot of bumps in the road but we got it done.
Williamson County-Promoting Prostitution-State vs. CP (2015-2016) My client hired me prior to sentencing after she had been convicted in a jury trial of felony promoting of prostitution. As a result of her conviction she was required to register as a sex offender. After lengthy litigation I was able to get her conviction set aside and to have her removed from the dreaded sex offender registry.
Rutherford County- Multiple Counts of Sexual Assault- State vs. CC ( 2012-2015).
My client had spent almost 2 years in custody for allegedly sexually assaulting a minor when I was retained to substitute as counsel. The allegations in this case were very ugly and fortunately they were completely false. I was able to coordinate my efforts with counsel for the other two defendants and the talented AIS investigative team to uncover exculpatory evidence that eventually convinced the district attorney's office to offer a retirement of the charges and a release of all defendants. My grateful client went from facing 50 years in prison and deportation to returning to his family and the community.
U.S. vs. S.K. ( 2013-2015)-Federal Court-Western District-Jackson
My Nashville client was indicted in the Western District of Tennessee
after being heard on multiple wiretaps discussing synthetics and analogues with the number one defendant in the biggest multi-defendant analogue/synthetic case in that district. The Government had also seized gold coins worth thousands of dollars when they searched his residence. As a result of my good relationship with the DEA in the Middle District of Tennessee I was able to get my client immediately released so he could voluntarily surrender in Jackson (where he was given pre-trial release). Eventually I was able to negotiate a plea from felony conspiracy to a misprision and at sentencing I convinced the Judge to sentence my client to probation. He received 2 years of probation with the special condition he serve 6 months of that on home confinement. I also was able to secure the return of all of the gold coins.
Federal Court- Middle District of Tennessee- Embezzlement- U.S. vs. NP ( 2012-2016).
My client was indicted for a pension impropriety that resulted largely due to the subprime mortgage crisis in 2005-2008 causing the housing market to fail. I had hoped to negotiate a diversion for my client because there were so many mitigating factors including his lengthy history of charitable work in the community. Federal diversions are extremely rare. I battled the U.S. Attorney's Office for several years relentlessly trying to convince them for the diversion to which they responded they wanted my client to serve prison time. I finally negotiated a plea agreement that allowed me to argue for probation at sentencing and after a very lengthy sentencing hearing the Judge imposed a sentence of 3 years probation. After 18 months the Court granted our request for early termination of probation.
Federal Court- Middle District of Tennessee- Firearm Possession by a convicted felon- U.S. vs. J.S.( 2012-2015). Client was facing a fifteen year mandatory minimum sentence. The Government was resistant to any notion that client had serious mental health issues. I put together a great mental health team to evaluate the client and educate me. I moved to have the Court declare my client incompetent and after a litigated hearing the Court agreed. Next we battled over the restoration of my client's competency via forced medication. The Court ordered involuntary treatment and amazingly enough and despite the side affects my client turned into a much better human being. With the assistance of my mental health team we were able to convince the prosecutor, the Court and the Probation Department my client didn't have to be warehoused in prison. The government agreed to drop the firearm charge in return for a plea for a simple drug possession charge and that allowed the Judge to sentence the client outside of the statutory mandatory minimum fifteen years as well as the double digit guideline range. Client was sentenced to a supervised release that permits him to reside in a group home, to get all of his necessary treatment and to find appropriate employment.
U.S. vs. Dwight Major- Federal Court- North Carolina-Post Conviction litigation (2241 habeas writ and mandamus) ( 2012-2015)
Client DM was extradited to the Unites States to face drug trafficking charges after spending 8 years in a Bahamian prison fighting extradition. I did not represent him in South Florida when he negotiated a plea agreement for a nine-year sentence. The district court judge recommended credit time served for the time spent awaiting extradition in the Bahamas. Client was due for release in 2011 when the BOP denied his credit for time spent awaiting extradition in the Bahamas. Client's family contacted me to assist client in his battle against the BOP for unlawfully detaining him. In a long and bitter uphill legal battle that saw a Chief Federal District Court Judge in North Carolina deny the 2241 writ and subsequently get reversed by the Fourth Circuit Court of Appeals; the BOP finally succumbed to a writ of mandamus and released the client. Client was able to return to the Bahamas to spend time with his ailing father before he passed away.