Results
The following is a partial selection of matters I have handled over the course of my career, presented alphabetically. Every case is unique, and prior results do not guarantee a similar outcome. (Note: Grand jury letters were submitted to the grand jury in every case that the GRAND JURY DECLINED TO INDICT.)
• United States v. Anderson – Northern District of Texas – 8 counts of bank and wire fraud. Jury trial - DEFENDANT ACQUITTED ON ALL COUNTS
• State v. Askew - Agg. Sexual Assault Child x 2 – CASE DISMISSED
• State v. Banks - Aggravated Sexual Assault Child - Jury trial – DEFENDANT ACQUITTED
• State v. Banks - Aggravated Assault/Deadly Weapon - GRAND JURY DECLINED TO INDICT
• United States v. Beltran - Eastern District of Texas - Conspiracy to Distribute Cocaine. Defendant was a career offender facing range of 188 - 235 months. DOWNWARD VARIANCE GRANTED – DEFENDANT SENTENCED TO 110 MONTHS
• State v. Bentinck - Manslaughter – Jury trial - Defendant on bond for DWI 3rd (5th DWI). Plea offer prior to trial was 20 years, aggravated - Defendant convicted but DEADLY WEAPON ALLEGATION FOUND “NOT TRUE” – Defendant released in under 4 years as opposed to serving aggravated time
• State v. Bonner - Assault - Jury trial – DEFENDANT ACQUITTED State v. Bonner - Injury to an Elderly - GRAND JURY DECLINED TO INDICT
• State v. Bradshaw – Injury to an Elderly – Reported out of grand jury as a misdemeanor assault – Bench trial – DEFENDANT ACQUITTED
• State v. Brown - Possession with Intent to Deliver - Defendant sentenced to 10 years in prison, aggravated. MOTION FOR NEW TRIAL ALLEGING RACIAL BIAS ON PART OF THE JUDGE, GRANTED – DEFENDANT RESENTENCED TO 10 YEARS PROBATION
• United States v. Brownlee – Southern District of Florida – Sec. 2255 Motion to Vacate – Movant was 16 months past AEDPA deadline to file - after extensive briefing, EQUITABLE TOLLING ARGUMENT SUSTAINED
• State v. Bunting – UPF Felon – GRAND JURY DECLINED TO INDICT
• State v. Calhoun – UPF Felon – GRAND JURY DECLINED TO INDICT
• State v. Calvillo – Aggravated Sexual Assault of a Child – Jury trial – HUNG JURY, CHARGE REDUCED TO NON-DEPORTABLE OFFENSE AND DEFENDANT SENTENCED TO TIME SERVED
• State v. Campbell - Aggravated Assault/Deadly Weapon - GRAND JURY DECLINED TO INDICT
• United States v. Carrillo - Western District of Michigan - Defendant had been released from halfway house only months earlier and was on supervised release having just finished serving a federal sentence of 216 months for drugs. Defendant was also a Career Offender - After cross-examination of lead agent at the detention hearing, DEFENDANT OFFERED RULE 11(c)(1)(C) PLEA OF 84 MONTHS
• State v. Chavarria - Assault - Jury trial – ACQUITTED
• State v. Clark – Assault Family Violence/Impeding Breath or Circulation – GRAND JURY DECLINED TO INDICT
• State v. Corder - MAN/DEL/PID_CS_4G_PG2/2-A – GRAND JURY DECLINED TO INDICT
• State v. Cortez - Online Solic. Minor/Meet - GRAND JURY DECLINED TO INDICT
• State v. Couch - Possession of a Controlled Substance w/Intent to Deliver - GRAND JURY DECLINED TO INDICT
• State v. Cox - Manslaughter - Jury Trial - offered 20 years prior to trial – found guilty but DEFENDANT SENTENCED TO PROBATION BY JURY
• State v. Crowell - DWI – DEFENDANT ACQUITTED
• State v. Cruz –Two complaining witness, two indictments for Continuous Sexual Abuse of a Young Child – (Defendant’s brother charged in only one case, was convicted and sentenced to 65 years) – Jury trial – HUNG JURY (case remains pending)
• State v. Davis - Assault, Family Violence, Impeding Breath/Circulation – CASE DISMISSED
• United States v. Deniz – Eastern District of Texas – Conspiracy to Distribute Methamphetamine w/10 year minimum mandatory – Jury trial – Defendant confessed but after cross-examination of agents, on third day of trial – GOVERNMENT REDUCED CHARGE TO A “TELEPHONE COUNT” (Four year maximum sentence)
• State v. Denmark - Manslaughter – Jury trial - Offer was 20 years in prison – AFTER JURY HUNG, DEFENDANT PLED TO DEFERRED PROBATION
• State v. Diamond – Possession of a Controlled Substance – GRAND JURY DECLINED TO INDICT
• State v. Diamond – DWI – Bench Trial – DEFENDANT ACQUITTED •
State. v. Dillard - Possession of a Controlled Substance - GRAND JURY DECLINED TO INDICT
• State v. Dominguez - Poss. w/Intent to Deliver 4g - CASE DISMISSED
• State v. Edwards - Aggravated Assault/Public Servant - GRAND JURY DECLINED TO INDICT • State v. Fabian – Aggravated Sexual Assault of a Child/Two Complainants – GRAND JURY DECLINED TO INDICT TO
• State v. Farrell - Burglary of Habitation - GRAND JURY DECLINED TO INDICT
• State v. Felix - First Degree Injury to a Child - Jury Trial – DEFENDANT ACQUITTED • State v. Fonteno - Violation Protective Order/Enhanced - GRAND JURY DECLINED TO INDICT •
State v. Freeman - Continuous Sexual Abuse Child – CASE DISMISSED
• State v. Frost – Murder - CASE DISMISSED
• United States v. Garcia – Southern District of Texas – Possession with Intent to Distribute – Defendant caught with 10.74 kilos of “ice” methamphetamine – through OBJECTIONS TO THE PSR SUSTAINED DEPARTURE AND VARIANCE GRANTED – SENTENCED TO 28 MONTHS
• United States v. Gardner – Northern District of Texas -Possession with Intent to Distribute – DEFENDANT SENTENCED TO PROBATION
• State v. ****** - DWI – Defendant was on parole for 40 years – counsel hired by Defendant’s sibling, a Chief Felony Prosecutor – Jury trial – DEFENDANT ACQUITTED • State v. Guerra - Murder – Jury Trial - Offered 40 years in prison prior to trial – Defendant found GUILTY OF LESSER INCLUDED OFFENSE of Manslaughter, and DEFENDANT SENTENCED TO PROBATION BY JURY
• United States v. Guerra - Northern District of Texas - Conspiracy to Distribute Methamphetamine - offered plea of 180 months – VARIANCE GRANTED SENTENCED TO 28 MONTHS • State v. Hairston - Forgery Gov’t Instrument - Currency - GRAND JURY DECLINED TO INDICT
• State v. Hamby - UPF Felon – Jury Trial – DEFENDANT ACQUITTED • State v. Hardemann - Eleventh Court of Appeals. Defendant was sentenced to life in prison with another attorney at trial - at Eleventh Court of Appeals, CONVICTION REVERSED, REMANDED TO DISTRICT COURT and DEFENDANT’S CHARGE REDUCED TO A MISDEMEANOR
• Ex Parte Harris - Texas Court of Criminal Appeals - Defendant sentenced to 25 years in prison - aggravated - with other attorney at trial. WRIT OF HABEAS CORPUS GRANTED – DEFENDANT’S SENTENCE WAS OVERTURNED AND DEFENDANT WAS PLED TO TIME SERVED.
• United States v. Hightower – Conspiracy with Intent to Distribute Cocaine – despite being on multiple, incriminating, Title III wiretaps, shortly before trial defendant allowed to plead to a phone count with underlying drug being marijuana based solely on defense’s assertion – VARIANCE GRANTED – DEFENDANT SENTENCED TO PROBATION
• State v. Hill - Aggravated Assault/Deadly Weapon - GRAND JURY DECLINED TO INDICT • State v. Hill - Indecency Child - Contact - CASE DISMISSED • State v. Hill - Possession of a Controlled Substance - GRAND JURY DECLINED TO INDICT • State v. Hinojosa – Aggravated Assault with a Deadly Weapon – GRAND JURY DECLINED TO INDICTED
• State v. Holtzman – Manslaughter – GRAND JURY DECLINED TO INDICT • State v. Hood - Indecency Child/Exposure x2 - GRAND JURY DECLINED TO INDICT • State v. Howard - Illegal Dumping Over 1,000 Pounds - GRAND JURY DECLINED TO INDICT
• State v. J.J. – Murder – the state sought a determinate sentence for the defendant, a juvenile – GRAND JURY DECLINED TO APPROVE STATE’S REQUEST FOR A DETERMINATE SENTENCE
• State v. Johunkin - Capital Murder, Jury trial – despite automatic life sentence upon conviction, during the second week of trial, DEFENDANT OFFERED PLEA BARGAIN OF 15 YEARS
• State v. Johnson - Manslaughter - GRAND JURY DECLINED TO INDICT
• State v. Johnson – Aggravated Assault with a Deadly Weapon – GRAND JURY DECLINED TO INDICT
• State v. Jones - Aggravated Assault/Deadly Weapon - GRAND JURY DECLINED TO INDICT
• State v. Keeney – Murder – GRAND JURY DECLINED TO INDICT • State v. Leon – Possession of a Controlled Substance with Intent to Deliver (2 cases) – offer prior to trial was 15 years in prison – Jury Trial – Guilty, but SENTENCED TO PROBATION BY JURY
• State v. Lincoln - UPF Felon - GRAND JURY DECLINED TO INDICT
• Stave v. Loring – DWI – Jury Trial – DEFENDANT ACQUITTED
• State v. Lune - Injury to a Child - GRAND JURY DECLINED TO INDICT
• State v. ****** - Felony Possession of a Controlled Substance – Defendant was brother in-law of District Court Judge, on probation in MO and not a US citizen – MOTION TO SUPPRESS GRANTED, CASE CASE DISMISSED
• State v. Mendez – Aggravated Assault with a Deadly Weapon – GRAND JURY DECLINED TO INDICTED
• State v. Moffett – Possession of a Controlled Substance – MOTION TO SUPPRESS GRANTED, CASE DISMISSED
• State v. Myers - UPF Felon – Jury Trial – DEFENDANT ACQUITTED
• United States v. Nguyen – Northern District of Texas - Possession with Intent to Distribute Cocaine – VARIANCE GRANTED OVER GOVERNMENT’S OBJECTION – SENTENCED TO PROBATION
• United States v. Noskiewicz – Northern District of Texas -Interstate Transportation of Stolen Property – DEFENDANT SENTENCED TO TIME SERVED
• United States v. Ortega-Torres - Eastern District of Texas - Conspiracy to Distribute Methamphetamine. Defendant’s guideline range was 168 - 210 months. DEPARTURE BASED ON TORTURE OF DEFENDANT, GRANTED OVER GOVERNMENT’S OBJECTION – DEFENDANT SENTENED TO 116 MONTHS
• United States v. Park - Northern District of Texas - Filing False Tax Return – DEFENDANT SENTENCED TO 3 MONTHS.
• State v. Pena – Aggravated Assault Deadly Weapon – Jury Trial – DEFENDANT ACQUITTED
• United States v. Perez – Northern District of Texas – Conspiracy to Possess Controlled Substance with Intent to Distribute – SUBSEQUENT TO THE DETENTION HEARING, GOVERNMENT DISMISSED THE CASE
• State v. Petty - UPF Felon - CASE DISMISSED
• State v. Pintor - Aggravated Sexual Assault of Child – offer before trial was 12 years in prison – Jury Trial - Guilty but JURY SENTENCED DEFENDANT TO PROBATION
• State v. Price - Aggravated Assault Deadly Weapon – Jury Trial – DEFENDANT ACQUITTED
• United States v. Ramirez - Eastern District of Texas - Defendant top of methamphetamine trafficking organization, facing life sentence under the Sentencing Guidelines – Jury Trial – WITH ONLY ONE GOVERNMENT WITNESS REMAINING, GOVERNMENT OFFERED DEFENDANT AGREED PLEA TO 60 MONTHS
• United States v. Ray – Northern District of Texas – Felon in Possession of a Firearm – Defendant was subject to 15 year minimum mandatory as an Armed Career Criminal – demonstrated to government that underlying convictions were product of racial bias in Texas jurisdiction where prosecuted – CHARGE CHANGED TO 924(c) – DEFENDANT SENTENCED TO 60 MONTHS
• State v. Roden – Unlawfully Carrying a Firearm – Jury trial – despite the court proceeding when the Defendant failed to appear on the second day of trial – DEFENDANT ACQUITTED
• United States v. Rohde – Northern District of Texas - Conspiracy to Counterfeit – DEFENDANT SENTENCED TO PROBATION • State v. Rubinsky – Assault Pregnant Person – GRAND JURY DECLINED TO INDICT
• State v. Rudd – Aggravated Sexual Assault of a Child – CASE DISMISSED
• State v. Shambanaka – DWI – Jury Trial – DEFENDANT ACQUITTED
• State v. Sharp - Assault FV/BI Enhanced - GRAND JURY DECLINED TO INDICT
• State v. Shuffield – Aggravated Assault with a Deadly Weapon and Retaliation – former Marine, on video, repeatedly punched female complainant in the face, after drawing a firearm – when complainant tried to call 911 for help, Defendant knocked her phone out of her hand. Offer prior to trial was for prison time only. ACQUITTED OF AGGRAVATED ASSAULT; Guilty of retaliation, but DEFENDANT SENTENCED TO PROBATION
• State v. Sims - Criminal Mischief $1,500 - GRAND JURY DECLINED TO INDICT
• State v. Skinner - Burglary of Habitation - GRAND JURY DECLINED TO INDICT
• State v. Smalls - Aggravated Assault/Deadly Weapon - GRAND JURY DECLINED TO INDICT
• United States v. Snow - Northern District of Texas - Conspiracy to Distribute Methamphetamine - Defendant faced guideline range of 188 - 235 months. OVER GOVERNMENT’S OBJECTION, VARIANCE GRANTED AND DEFENDANT WAS SENTENCED TO PROBATION
• United States v. Smith – Northern District of Texas – Conspiracy to Possess with Intent to Deliver Cocaine – DEFENDANT SENTENCED TO PROBATION • State v. Stoker - Possession Controlled Substance - GRAND JURY DECLINED TO INDICT
• United States v. Styers - Northern District of Texas - Defendant faced minimum of 188 months based on Career Offender guidelines; COURT SUSTAINED OBJECTION TO APPLICATION OF CAREER OFFENDER GUIDELINES, DEFENDANT SENTENCED TO 127 MONTHS
• United States v. Thompson – Northern District of Texas - Possession with Intent to Distribute Cocaine – OBJECTION TO PSR SUSTAINED, VARIANCE GRANTED, DEFENDANT SENTENCED TO PROBATION
• State v. Torres Rodriguez - Aggravated Assault - Defendant shot at undercover officer, missing his head by inches – offer prior to trial 15 years in prison – Jury Trial, Guilty, but JURY SENTENCED DEFENDANT TO PROBATION
• State v. Trevino - Burglary of Habitation - GRAND JURY DECLINED TO INDICT
• Ex Parte Ronnie Tuley - Texas Court of Criminal Appeals – 11.07 writ of habeas corpus – After Defendant pled to 10 year sentence for Aggravated Sexual Assault of a Child, complainant recanted. “Landmark” decision, as it established that claims of actual innocence are cognizable subsequent to a guilty plea. WRIT OF HABEAS CORPUS GRANTED, CONVICTION VACATED AND DEFENDANT RELEASED FROM PRISON
• State v. Velasco – 1st Degree Injury to an Elderly – over 15 doctors and nurses testified it was the worst case of elder neglect they will ever see; potential expert witnesses refused to review all photos of the complainant – offer prior to trial was 45 years in prison – Jury trial – Guilty - but JURY SENTENCED DEFENDANT TO PROBATION.
• United States v. Vargas - Eastern District of Texas - Defendant released from federal prison - charged with Conspiracy to Distribute Methamphetamine with enhancement and resulting 20 year minimum – Prior to Court’s ruling on Defendant’s MOTION TO SUPPRESS, DEFENDANT OFFERED AGREED PLEA OF 60 MONTHS. • State v. Walton - Evading Arrest/Detention Motor Vehicle - GRAND JURY DECLINED TO INDICT
• State v. Washington - UPF Felon - GRAND JURY DECLINED TO INDICT
• State v. Watson - Burglary of a Habitation - GRAND JURY DECLINED TO INDICT
• State v. Weed - DWI 3rd- Jury Trial – DEFENDANT ACQUITTED
• State v. White - Felony Theft - Jury Trial – DEFENDANT ACQUITTED
• State v. Whiteings - Unauthorized Use Motor Vehicle - GRAND JURY DECLINED TO INDICT
• United States v. Williams - Eastern District of Texas - Money Laundering - CHARGES DISMISSED
• State v. Williams - Aggravated Assault/Deadly Weapon – Jury Trial – DEFENDANT ACQUITTED
• State v. Wise – Unlawful Possession of Firearm by a Felon – Jury trial –THE STATE DISMISSED THE CASE AFTER THE LEAD OFFICER TESTIFIED
• State v. Zelaya - Sexual Assault of a Child - CASE DISMISSED