During a federal sentencing, the first thing the judge considers is the Federal Sentencing Guideline range for the crime of conviction. Most sentences fall inside, or very near to, the guideline range calculated by the court. In making their calculations, courts typically give substantial weight to the recommendations of the government and the Pre-sentence Investigation Report (PSIR). Attorneys at the Law Offices of Beau B. Brindley always strive to get a sentence below this range for our clients and take pride in our ability to do so. Here are some examples of the sentences our federal clients have received, compared to the range asked for by the government:
| CHARGE |
DEFENDANT |
SENTENCE RECOMMENDED BY GOVERNMENT OR PSIR (Months)
|
SENTENCE RECEIVED (Months)
|
Armed bank robbery
|
Reyes |
LIFE |
300 |
Conspiracy to distribute heroin and crack
|
Ford |
LIFE |
97 |
Cocaine distribution
|
Ozuna |
360-LIFE |
300 |
Cocaine conspiracy
|
Terrell |
360-LIFE |
300 |
Cocaine conspiracy
|
Vasquez |
360-LIFE |
240 |
Distribution of child pornography
|
"Doe" |
360-LIFE |
198 |
Cocaine conspiracy
|
Bryant |
360-LIFE |
137 |
Cocaine conspiracy
|
Mendiola |
324-405 |
151 |
Cocaine conspiracy
|
Rosales |
292-365 |
240 |
Crack distribution
|
Brown |
262-327 |
184 |
Crack distribution
|
Harris |
262-327 |
160 |
Cocaine conspiracy
|
Martinez |
235-293 |
150 |
Heroin conspiracy
|
Hernandez |
235-293 |
144 |
Cocaine conspiracy
|
Gorman |
188-235 |
168 |
Cocaine conspiracy
|
Jasso |
188-235 |
105 |
| Counterfeiting |
De Leon
|
188-235 |
104 |
Crack conspiracy
|
Padro |
168-210 |
97 |
| Cocaine Distribution |
Barcelo |
168-210 |
70 |
Crack conspiracy
|
Banks |
140-175 |
63 |
Crack distribution
|
Webster |
110 |
42 |
Cocaine conspiracy
|
Valencia |
70-87 |
60 |
Ecstasy conspiracy
|
Auyon |
51-63 |
15 |
| Fraud |
Signo |
41-51 |
24 |
| Fraud |
Gajko |
18-24 |
12 |
The government caught
Mr. Bryant with a bag of what they
claimed to be crack cocaine. After
learning that the chemist who found the cocaine to be crack had been
mislabeling evidence, Mr. Brindley confronted the government about it and moved
to have the crack cocaine excluded from consideration by the Court due to the
government's inability to establish a chain of custody. He also requested an
evidentiary hearing challenging the government's claim that the substance was
crack. At the hearing, the alleged crack was not admitted due to the chemist's
mislabeling. The Court heard evidence from an informant who was soundly
discredited by Mr. Brindley's questioning. The Court found that the substance was not crack cocaine.
The government
accused Mr. Mendiola of being an
organizer and leader of a Mexican cocaine distribution ring. They also accused
him of possessing a firearm in furtherance of a drug crime and of intimidating
witnesses for the government and obstructing justice. Mr. Brindley attacked the
testimony of the government's cooperating witnesses and caught them lying
repeatedly. Mr. Brindley got one of the government's witnesses to admit that he
had "changed what the truth was many
times." He got another to admit that he always lied when he was nervous and
that he was nervous while giving his testimony. He got the third to attempt to
testify that two contradictory things were true at the same time. Following
these admissions, the Court found that Mr. Mendiola was not an organizer or
leader, that the government could not prove that he possessed a firearm in
furtherance of a drug crime, and that the government also could not prove any
obstruction of justice.
The government
argued that Mr. Webster should be
held accountable for a large quantity of crack
cocaine. The penalty for crack cocaine was more than twice as long as the penalty for powder cocaine. Mr. Brindley and
Ms. Westover presented the court with extensive academic studies proving that
there is no difference between crack and powder cocaine and that giving a higher penalty was unjust. The Court
agreed with Mr. Brindley and sentenced Mr. Webster as if he trafficked powder
cocaine instead of crack. Mr. Brindley was also able to use these same
arguments to defeat the government's request for harsh crack cocaine penalties
in the cases of U.S. v. Brown and U.S. v. Harris.
Mr. Harris pled guilty to distributing crack
cocaine. He committed the crime prior to the passage of the Fairness in
Sentencing Act (FSA), which lowered the statutory minimum sentence for crack
cocaine offenses like Mr. Harris's. The government argued that the FSA did not apply to Mr. Harris because
it was passed after he committed the crime. They based this claim on a decision
from the Seventh Circuit Court of Appeals, which found that, in a similar case,
the FSA did not apply. Mr. Brindley and Ms. Westover prepared detailed
briefing, arguing that the Seventh Circuit case did not apply and that
defendants who were not yet sentenced should have the FSA applied to them. After
a lengthy argument on this issue, the Court
agreed with Mr. Brindley and applied the FSA to Mr. Harris even though he
committed the offense before it was passed. Mr. Harris was one of only a
handful of defendants in the United States who committed an offense before the
FSA was passed and still got it applied to him at sentencing.
Mr. Del Monico pled guilty to committing fraud. While
out on bond, he committed an additional
act of fraud. At sentencing, the government argued that this act of fraud
constituted an obstruction of justice that should increase his sentence. Ms.
Westover prepared detailed briefing arguing that Mr. Del Monico's fraud while
out on bond did not constitute obstruction of justice because it was unrelated
to the crime for which he was convicted and did not meet the requirements of
the law. Mr. Brindley argued this position to the Court, which agreed over the
government's objection. Mr. Del Monico did
not receive an enhanced sentence for obstruction of justice despite
committing additional fraud while out on bond.
The government
argued that Mr. Jasso was a major
participant in a drug conspiracy and that he was not entitled to a sentencing
reduction under the safety valve
doctrine because of dishonest statements made about his role in the offense. Ms.
Westover and Mr. Brindley prepared detailed briefing demonstrating that the
government's claims of dishonesty were insufficient to prevent a safety valve
reduction. They also argued that Mr. Jasso's participation constituted a minor
role, requiring a further sentencing reduction. The Court found against the government on both issues. Mr. Jasso was
found to play a minor role and be entitled to a reduction under the safety
valve.