T   h   e       L   a   w       O   f   f   i   c   e   s       o   f
 BEAU B. BRINDLEY
Attorneys & Counselors at Law

The Monadnock Building
53 West Jackson Boulevard   Suite 1605
Chicago, Illinois 60604
Phone:  312.765.8878
Fax:  312.276.8040
The Law Offices Of
Beau B. Brindley
Attorneys & Counselors at Law

The Monadnock Building
53 West Jackson Boulevard · Suite 1605
Chicago, Illinois 60604

Law Offices Of
Beau B. Brindley
Attorneys & Counselors at Law

The Monadnock Building
53 West Jackson Boulevard · Suite 1605
Chicago, Illinois 60604






CASE PROFILES:
FEDERAL SENTENCING


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.