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Jury
Trials
United States v. an Individual,
(S. D. Cal. 2009): Extremely large and complex Department
of Justice prosecution of multiple defendants charged with
conspiring to use the internet to unlawfully distribute
prescription drugs and launder money. The trial, which
involved seven codefendants and lasted more than three
months, resulted in a hung jury and a mistrial. Before
the retrial, client accepted the government's offer of a
plea to a misdemeanor offense with no jail time, no fine,
and no criminal forfeiture.
United States v. an
Individual, (C. D. Cal. 2008): Client acquitted by jury
of all six felony counts in complex murder trial involving
alleged prison gang. Acquitted charges included First Degree
Murder, Conspiracy to Commit Murder, and Assault with Intent
to Commit Murder.
United States v. an
Individual, (S. D. Cal. 2007): Narcotics importation
case (single occupant driver of vehicle containing 16.54
kilograms of marijuana) dismissed after jury trial resulting
in hung jury.
United States v. an
Individual, (S. D. Cal. 2007): Narcotics importation
case (single occupant driver who allegedly confessed to
knowingly importing 14.48 kilograms of methamphetamine)
dismissed after two jury trials resulting in hung juries.
United States v. an
Individual, (S. D. Cal. 2006): Alien smuggling case
(single occupant driver of vehicle containing concealed
undocumented alien) resulting in complete acquittal after
jury trial.
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Appeals
Garcia-Aguilar v. United
States District Court for the S. Dist. of California,
535 F.3d 1021 (9th Cir. 2008):
Successfully argued to the Ninth Circuit Court of Appeals
that the district court could not refuse to accept the
defendant’s guilty plea even though, due to omissions in the
charging document, the defendant would face a statutory
maximum of “only” two years’ imprisonment, rather than
twenty. Client sentenced to probation on remand.
United States v. an
Individual, (9th Cir. 2007): Successfully
argued to the Ninth Circuit Court of Appeals that the
deportation underlying an illegal re-entry conviction was
defective. Conviction vacated and indictment dismissed.
United States v. an
Individual, (9th Cir. 2007): Successfully
argued to the Ninth Circuit Court of Appeals that the
district court erred in calculating the defendant’s
sentencing guidelines. Client sentenced to time-served on
remand.
United States v. an
Individual, (9th Cir. 2007): Successfully
argued to the Ninth Circuit Court of Appeals that the
district court erred in imposing a five-year
mandatory-minimum sentence. Client sentenced to time-served
on remand.
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Pre-Trial Motions, Dismissals and
Settlements
United States v. an
Individual, (S. D. Cal. 2008): Narcotics importation
case (pedestrian who confessed to importing 1.86 kilograms
of marijuana, which was taped to his thighs) resulting in a
plea to a misdemeanor.
United States v. an
Individual, (S. D. Cal. 2007): Narcotics importation
case (front-seat passenger and registered owner of a vehicle
containing 29.88 kilograms of cocaine) dismissed before
trial.
United States v. an
Individual (S. Dist. Cal. 2006): Narcotics importation
and passport fraud case (single occupant driver of vehicle
containing 7.98 kilograms of methamphetamine) dismissed
before trial.
United States v. an
Individual (S. Dist. Cal. 2005): Successfully argued to
federal district court that evidence of twelve undocumented
aliens in a motor home should be suppressed because of an
illegal stop and search. All charges dismissed.
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