Please See The Links Below For Examples Of Some Of Our Firm’s Case Results

If you are interested in viewing information about the firm’s past results, please read the information below. This section contains information about the firm’s past results and statements regarding the firm’s qualifications and experiences. The information has not been reviewed or approved by The Florida Bar.

You should know that:

• The facts and circumstances of your case may differ from the results that have been provided.
• All results of cases handled by the lawyer/firm are not provided.
• The results provided are not necessarily representative of results obtained by the firm or the experience of all clients or others with the firm. Every case is different, and each client’s case must be evaluated and handled on its own merits.

Case Results

FEDERAL

Table of Contents

• NOTABLE FEDERAL TRIALS
• NOTABLE FEDERAL MOTIONS TO SUPPRESS CASE RESULTS
• NOTABLE CASES WHEREIN NO FEDERAL CHARGES WERE FILED
• NOTABLE FEDERAL CASE DISMISSALS
• NOTABLE FEDERAL PRE-TRIAL DIVERSION RESULTS
• NOTABLE FEDERAL NON-PRISON/PROABTION RESULTS
• NOTABLE FEDERAL FRAUD RESULTS
• NOTABLE FEDERAL WHITE-COLLAR CRIME RESULTS
• NOTABLE FEDERAL DRUG TRAFFICKING/GUN CASE RESULTS
• NOTABLE CAREER OFFENDER CASE RESULTS
• NOTABLE FEDERAL APPELLATE RESULTS
• NOTABLE MOTIONS TO SUPPRESS EVIDENCE AND MOTIONS TO DISMISS RESULTS
• NOTABLE CASE DISMISSALS BEFORE CHARGES WERE FILED
• NOTABLE CRIMINAL CASE DISMISSALS AFTER CHARGES WERE FILED
• NOTABLE DRUG TRAFFICKING AND MINIMUM MANDATORY RESULTS
• NOTABLE VIOLATIONS OF PROBATION RESULTS
• NOTABLE CASE DISMISSALS BASED UPON A POLYGRAPH EXAMINATION
• NOTABLE DUI RESULTS

NOTABLE FEDERAL TRIALS

USA v. ANDERSON CASE NO.: 8:20-CR-81-JUNG

Counts: Conspiracy to possess with intent to distribute cocaine and marijuana

Trial Result: Verdict of Not Guilty as to Cocaine. Conceded marijuana during trial.

USA v. JACKSON CASE NO.: 2:18-CR-14-GODBEY-WOOD

Counts: Conspiracy to possess with intent to distribute 5 kilograms or more of cocaine, conspiracy to possess with intent to distribute cocaine base, and conspiracy to possess with intent to distribute marijuana, and possession of 500 grams or more of cocaine with intent to distribute

Trial Result: Verdict of Not Guilty on all counts.

USA v. CRUZ-ALVAREZ CASE NO.: 5:08-CR-22-HODGES

Counts: Conspiracy to distribute 100 or more marijuana plants and possession with the intent to distribute 100 or more marijuana plants

Trial Result: Verdict of Not Guilty on all counts.

USA v. SMITH CASE NO.: 6:04-CR-37-FAWSETT

Counts: Conspiracy to distribute 50 kilograms of cocaine, possession of marijuana and conspiracy to possess $850,000 in counterfeit money

Trial Result: Verdict of Not Guilty as to conspiracy to distribute 50 kilograms of cocaine. Verdict of Not Guilty as to conspiracy to possess $850,000 in counterfeit money. Conceded possession of marijuana during trial.

USA v. SPOONER CASE NO.: 8:11-CR-69-WHITTEMORE

Counts: Conspiracy to distribute 50 grams of more of methamphetamine

Trial Result: Verdict of Not Guilty as to conspiracy to distribute 50 grams of more of methamphetamine (mandatory minimum of life in prison). Verdict of Not Guilty as to the lesser included offense of conspiracy to distribute five grams or more of methamphetamine (mandatory minimum 20 years in prison) and guilty of possession with intent to distribute methamphetamine (no minimum mandatory penalty).

USA v. CHIN CASE NO.: 8:14-CR-135-POLSTER-CHAPPELL

Counts: Conspiracy to possess with intent to distribute cocaine, cocaine base, and marijuana.

Trial Result: Verdict of Not Guilty as to conspiracy of possession with intent to distribute cocaine base. Verdict of Not Guilty as to conspiracy of possession with intent to distribute marijuana. Verdict of guilty as to the conspiracy to distribute cocaine.

USA v. BLANGO CASE NO.: 2:07-CR-39-STEELE

Counts: Four counts of armed bank robbery and four counts of using a firearm during a crime of violence

Trial Result: Verdicts of Not Guilty as to two of four counts of armed bank robbery. Verdicts of Not Guilty as to two counts of four counts of using a firearm during a crime of violence.

USA v. LEWIS CASE NO.: 8:08-CR-127-LAZZARA

Counts: Possession of a firearm by a convicted felon and possession with intent to distribute crack cocaine.

Trial Result: Hung Jury.

USA v. MCCLELLAND CASE NO.: 8:05-CR-129-MERRYDAY

Counts: Arson and Insurance Fraud

Trial Result: After four days of trial, at the close of the government’s case in chief, the prosecutor dismissed four of six counts in the indictment and Mr. McClelland pled guilty to lessor included charges.

NOTABLE FEDERAL MOTIONS TO SUPPRESS CASE RESULTS

USA v. MENEFEE CASE NO.: 6:21-CR-39-DALTON

Counts: Conspiracy to Possess with the intent to distribute fentanyl, and cocaine, crack cocaine. Possession of a firearm by a convicted felon. Use of a firearm in the commission of a drug felony.

Case Result: Motion to exclude all Federal Rule of Evidence 404(b) evidence conceded by the government. The drug conspiracy charges and the possession of a firearm by a convicted felon charge were dropped, and Mr. Menefee pled to one 924(c) count, eliminating over seventeen years in potential federal sentencing guideline imprisonment exposure.

USA v. JERLOW CASE NO.: 8:08-CR-340-COVINGTON

Counts: Conspiracy to Possess with the intent to distribute 50 kilograms of cocaine

Case Result: Motion to Suppress Evidence Granted. The charges in the indictment were dropped. Mr. Jerlow pled guilty to the use of a cell phone in the commission of a felony.

USA v. ALERS CASE NO.: 8:18-MJ-1144-SANSONE

Counts: Making a False Statement in an Application for a United States Passport

Case Result: After we drafted a motion to dismiss the government dismissed the case.

NOTABLE CASES WHEREIN NO FEDERAL CHARGES WERE FILED

USA v. DOE No Case Number Assigned IJ-2019

Counts: Violations of the Federal Food, Drug, and Cosmetic Act

Case Result: Search warrant served. No arrest. No indictment.

USA v. DOE No Case Number Assigned HA-2015

Counts: Possession and Distribution of Child Pornography

Case Result: Search warrant served. No arrest. No indictment.

USA v. DOE No Case Number Assigned RN-2013

Counts: Health Care Conspiracy to Commit Mail Fraud and Wire Fraud

Case Result: Search warrant served. No arrest. No indictment.

USA v. DOE No Case Number Assigned NN-2013

Counts: Health Care Conspiracy to Commit Mail Fraud and Wire Fraud

Case Result: Search warrant served. No arrest. No indictment.

USA v. DOE No Case Number Assigned JA-2013

Counts: Bank Fraud Conspiracy to Commit Mail and Wire Fraud

Case Result: No arrest. No indictment.

USA v. DOE No Case Number Assigned CB-2012

Counts: Bank Fraud Conspiracy to Commit Mail and Wire Fraud

Case Result: No arrest. No indictment.

USA v. DOE No Case Number Assigned CB-2012

Counts: Mortgage Fraud Conspiracy to Commit Mortgage and Wire Fraud

Case Result: No arrest. No indictment.

USA v. DOE No Case Number Assigned WB-2014

Counts: Health Care Conspiracy to Commit IRS, Mail Fraud and Wire Fraud

Case Result: No arrest. No indictment.

NOTABLE FEDERAL CASE DISMISSALS

USA v. GALLOWAY CASE NO.: 2:20-MJ-02741 GT-2020

Counts: Possession with Intent to Distribute Methamphetamine in the Central District of California (Los Angeles Division)

Case Result: Criminal Complaint Dismissed. No indictment. Client freed.

USA v. ALERS CASE NO.: 8:18-MJ-1144-SANSONE

Counts: Making a False Statement in an Application for a United States Passport

Case Result: Case dismissed by the government after we drafted a motion to dismiss.

USA v DOCTOR ROSSE CASE NO.: 8:14-4309577-WILSON

Counts: Introduction of a Controlled Substance on Federal Property

Case Result: Case Dismissed.

USA v. VALLARDES CASE NO.: 8:11-MJ-01157-PIZZO

Counts: Failure to Obey an Order by Coast Guard to Stop a Drug Vessel

Case Result: Case Dismissed after a full probable cause hearing.

USA v. CARTER CASE NO.: 8:03-M-452-WILSON

Counts: Conspiracy to Possess Firearm by Convicted Felon; Making False Statements

Case Result: Case Dismissed after a full probable cause hearing.

USA v. VIDES CASE NO.: 6:09-MJ-11296-SPAULDING

Counts: Conspiracy to Possess with the Intent to Distribute 5 Kilograms of Cocaine

Case Result: Case Dismissed by the government after protracted litigation.

USA v. HENRY CASE NO.: 8:07-CR-454-MOODY

Counts: Conspiracy to Possess with the Intent to Distribute 5 Kilograms of Cocaine

Case Result: Case Dismissed by the government after protracted litigation.

USA v. PALOMINO CASE NO.: 2:07-CR-83-POLSTER-CHAPPELL

Counts: Conspiracy to Bring and Harbor Illegal Aliens into USA

Case Result: Case Dismissed by the government after protracted litigation.

USA v. ANGRILLI CASE NO.: 8:07-CR-81-WHITTEMORE

Count: Absconding from Sentencing on a Felony Punishable by Life in Prison

Case Result: Case Dismissed by the government after conceding our motion to dismiss.

USA v. MARTINES CASE NO.: 2:06-MJ-1081-POLSTER-CHAPPELL

Counts: Conspiracy to Distribute Cocaine

Case Result: Case Dismissed by the government after protracted litigation.

NOTABLE FEDERAL PRE-TRIAL DIVERSION RESULTS

USA v. TATHAM No Case Number Assigned 2017

Counts: Conspiracy to Commit Money Laundering, Wire Fraud and Mail Fraud

Case Result: Pre-trial Diversion.

USA v. DOE No Case Number Assigned 2013-TG

Counts: Conspiracy to Commit Wire Fraud and Mail Fraud

Case Result: Pre-trial Diversion.

USA v. MCKENZIE CASE NO.: 2:08-CR-183-STEELE

Counts: Conspiracy to Commit Wire Fraud and Mail Fraud

Case Result: Pre-trial Diversion.

USA v. WIGGINS CASE NO.: 2:06-CR-121-STEELE

Counts: Conspiracy to Commit Money Laundering, Wire Fraud and Mail Fraud

Case Result: Pre-trial Diversion.

NOTABLE FEDERAL NON-PRISON/PROABTION RESULTS

USA v. CLYBURN CASE NO.: 8:22-CR-142-SCRIVEN

Counts: Aiding and Assisting in the Preparation of False Tax Returns

Case Result: A below guideline sentence of federal probation.

USA v. WILSON CASE NO.: 8:22-CR-159-COVINGTON

Counts: Conspiracy to Commit Theft by a Postal Employee

Case Result: A below guideline sentence of federal probation.

USA v. SHOREY CASE NO.: 4:20-CR-40090-GILBERT

Counts: Embezzlement of Mail by a Postal Service Employee

Case Result: A below guideline sentence of federal probation.

USA v. PATEL CASE NO.: 8:21-CR-368-JUNG

Counts: Knowingly Receiving, Possessing, and Purchasing Contraband

Case Results: A below guideline sentence of federal probation.

USA v. ARCE CASE NO.: 6:20-CR-92-MENDOZA

Counts: Securing a United States Passport by False Statement

Case Result: A below guideline sentence of federal probation.

USA v. RODRIGUEZ CASE NO.: 8:18-CR-462-MOODY

Counts: Conspiracy to Possess with Intent to Distribute 500 Grams of More of Cocaine

Case Result: A below guideline sentence of federal probation.

USA v. DENMON CASE NO.: 8:19-CR-19-JUNG

Counts: Theft of government property

Case Result: A below guideline sentence of federal probation.

USA v. CORLIS CASE NO.: 8:15-CR-450-BUCKLEW

Counts: Unlawful discharge of a pollution

Case Result: A below guideline sentence of probation.

USA v. ALLBRITTON CASE NO.: 8:18-CR-403-MOODY

Counts: Knowingly Aiming a Laser Point at an Aircraft

Case Result: A below guideline sentence of federal probation.

USA v. ARMSTRONG CASE NO.: 8:15-CR-288-SCRIVEN

Counts: Conspiracy to Commit Theft of Government Funds and Aggravated Identity Theft

Case Result: A below guideline sentence of federal probation.

USA v. HUCKEL CASE NO.: 8:16-CR-307-SCRIVEN

Counts: Conspiracy to Commit Wire Fraud and Mail Fraud

Case Result: A below guideline sentence of federal probation.

USA v. BRYSON CASE NO.: 8:16-CR-341-KOVACHEVICH

Counts: Conspiracy to Commit Wire Fraud and Mail Fraud

Case Result: A below guideline sentence of federal probation.

USA v. HEVEL CASE NO.: 8:15-CR-288-COVINGTON

Counts: Conspiracy to Commit Theft of Government Funds

Case Result: A below guideline sentence of federal probation.

USA v. FERRARA CASE NO.: 8:12-CR-403-MERRYDAY

Counts: Possession and Distribution of Child Pornography

Case Result: A below guideline sentence of federal probation.

USA v. F. WILLIAMS CASE NO.: 8:13-CR-428-LAZZARA

Counts: Conspiracy to Commit Wire Fraud and Mail Fraud

Case Result: A below guideline sentence of federal probation.

USA v. NASSER CASE NO.: 8:12-CR-403-MOODY

Counts: Conspiracy to Commit Wire Fraud and Mail Fraud – $360,000

Case Result: A below guideline sentence of federal probation.

USA v. T. WRIGHT CASE NO.: 8:13-CR-135-LAZZARA

Counts: Conspiracy to Distribute Marijuana

Case Result: A below guideline sentence of federal probation.

USA v. REYNOLDS CASE NO.: 8:12-CR-527-BUCKLEW

Counts: Criminal Contempt of Court.

Case Result: A below guideline sentence of federal probation.

USA v. KEY CASE NO.: 8:11-CR-323-KOVACHEVICH

Counts: One Count of Conspiracy to Distribute Methamphetamine

Case Result: A below guideline sentence of federal probation.

USA v. MILES CASE NO.: 8:12-CR-145-WHITTEMORE

Counts: One Count of Conspiracy to Distribute Crack Cocaine

Case Result: A below guideline sentence of federal probation.

USA v. CHAMBERS CASE NO.: 2:08-CR-41-STEELE

Counts: One Count of Conspiracy to Distribute Crack Cocaine

Case Result: A below guideline sentence of federal probation.

USA v. ROJAS CASE NO.: 8:09-CR-269-SCRIVEN

Counts: Conspiracy to Distribute 100 Marijuana Plants or More

Case Result: A below guideline sentence of federal probation.

USA v. LEBRON CASE NO.: 8:05-CR-75-KOVACHEVICH

Counts: One Count of Trafficking in GHB

Case Result: A below guideline sentence of federal probation.

USA v. SORCHEVICH CASE NO.: 8:12-CR-51-LAZZARA

Counts: Mortgage Fraud

Case Result: A below guideline sentence of federal probation.

USA v. HAMID CASE NO.: 8:11-CR-289-LAZZARA

Counts: Conspiracy of a Business Owner to Traffic in Stolen Merchandise

Case Result: A below guideline sentence of federal probation.

USA v. FARINHA CASE NO.: 8:09-CR-464-LAZZARA

Counts: Mortgage Fraud

Case Result: A below guideline sentence of federal probation.

USA v. LOUISSAINT CASE NO.: 8:10-CR-416-COVINGTON

Counts: Conspiracy to Commit Tax Fraud

Case Result: A below guideline sentence of federal probation.

USA v. MEJIA CASE NO.: 8:06-CR- 400-WHITTEMORE

Counts: One Count of Conspiracy to Commit Money Laundering

Case Result: A below guideline sentence of federal probation.

NOTABLE FEDERAL HEALTHCARE RESULTS

USA v. WILSON CASE NO.: 5:19-CR-73-WHITTEMORE

Counts: Conspiracy to Commit Healthcare Fraud and Solicit Healthcare Kickbacks

Case Result: A below guideline sentence of 18 months

USA v DR. ROSSE CASE NO.: 8:14-4309577

Counts: Introduction of a Controlled Substance on Federal Property

Case Result: Case Dismissed.

USA v. DOE No Case Number Assigned (NN 2013)

Counts: Health Care Conspiracy to Commit Mail Fraud and Wire Fraud

Case Result: No arrest. No indictment. No charges.

USA v. DOE No Case Number Assigned (NR 2013)

Counts: Health Care Conspiracy to Commit Mail Fraud and Wire Fraud

Case Result: No arrest. No indictment. No charges.

USA v. DOE No Case Number Assigned (GT 2013)

Counts: Health Care Conspiracy to Commit Wire Fraud and Mail Fraud

Case Result: Pre-trial Diversion.

USA v DR. LEGOWIK CASE NO.: 2:12-CR-56-STEELE

Counts: Health Care Conspiracy of a Physician to Distribute Oxycodone

Case Result: A below guideline sentence of 36 months.

NOTABLE FEDERAL FRAUD RESULTS

USA v. MCCLELLAND CASE NO.: 8:05-CR-129-MERRYDAY

Counts: Arson and Insurance Fraud

Trial Result: After four days of trial, at the close of the government’s case in chief, the prosecutor dismissed four of six counts in the indictment and Mr. McClelland pleaded guilty to lessor included charges.

USA v. TATHAM No Case Number Assigned 2017

Counts: Conspiracy to Commit Money Laundering, Wire Fraud and Mail Fraud

Case Result: Pre-trial Diversion.

USA v. DENMON CASE NO.: 8:19-CR-19-JUNG

Counts: Theft of government property

Sentencing Guidelines: 12 to 18 months in federal prison

Case Result: A below guideline sentence of federal probation.

USA v. BRYSON CASE NO.: 8:16-CR-341-KOVACHEVICH

Counts: Conspiracy to Commit Wire Fraud and Mail Fraud

Sentencing Guidelines: 10 to 16 months in federal prison

Case Result: A below guideline sentence of federal probation.

*This sentence variance was the result of a 3553(a) mitigation analysis.

USA v. ARMSTRONG CASE NO.: 8:15-CR-59-SCRIVEN

Counts: Conspiracy to Commit Theft of Government Funds and Aggravated Identity Theft

Sentencing Guidelines: 18 to 24 months in federal prison

Case Result: A below guideline sentence of federal probation.

USA v. HEVEL CASE NO.: 8:15-CR-288-COVINGTON

Counts: Conspiracy to Commit Theft of Government Funds

Sentencing Guidelines: 10 to 18 months in federal prison

Case Result: A below guideline sentence of federal probation.

*This defendant was a Tampa Police Department Officer at the time of her arrest.

USA v. DOE No Case Number Assigned RN-2013

Counts: Conspiracy to Commit Mail Fraud and Wire Fraud

Case Result: No arrest. No indictment.

USA v. DOE No Case Number Assigned NN-2013

Counts: Conspiracy to Commit Mail Fraud and Wire Fraud

Case Result: No arrest. No indictment.

USA v. DOE No Case Number Assigned JA-2013

Counts: Conspiracy to Commit Mortgage Fraud, Mail Fraud and Wire Fraud

Case Result: No arrest. No indictment.

USA v. DOE No Case Number Assigned CB-2012

Counts: Conspiracy to Commit Mortgage, Mail Fraud and Wire Fraud

Case Result: No arrest. No indictment.

USA v. DOE No Case Number Assigned CB-2012

Counts: Conspiracy to Commit Mortgage, Mail Fraud and Wire Fraud

Case Result: No arrest. No indictment.

USA v. DOE No Case Number Assigned WB-2014

Counts: Conspiracy to Commit IRS, Mail Fraud and Wire Fraud

Case Result: No arrest. No indictment.

USA v. F. WILLIAMS CASE NO.: 8:13-CR-428-LAZZARA

Counts: Conspiracy to Commit Wire Fraud and Mail Fraud

Sentencing Guidelines: 21 to 27 months in federal prison

Case Result: A below guideline sentence of federal probation.

*This sentence variance was in part the result of a 3553(a) mitigation analysis.

USA v. SORCHEVICH CASE NO.: 8:12-CR-51-LAZZARA

Counts: Mortgage Fraud – Approximately $1,000,000

Sentencing Guidelines: 16 to 21 months in federal prison

Case Result: A below guideline sentence of federal probation.

*This sentence variance was in part the result of a 3553(a) mitigation analysis.

USA v. HAMID CASE NO.: 8:11-CR-289-LAZZARA

Counts: Conspiracy of a Business Owner to Traffic in Stolen Merchandise

Sentencing Guidelines: 6 to 12 months in federal prison

Case Result: A below guideline sentence of federal probation.

*This sentence variance was in part the result of a 3553(a) mitigation analysis.

USA v. FARINHA CASE NO.: 8:09-CR-464-LAZZARA

Counts: Mortgage Fraud – Approximately $500,000

Sentencing Guidelines: 12 to 18 months in federal prison

Case Result: A below guideline sentence of federal probation.

*This sentence variance was the result of a 3553(a) mitigation analysis.

USA v. LOUISSAINT CASE NO.: 8:10-CR-416-COVINGTON

Counts: Conspiracy to Commit Tax Fraud – Approximately $300,000

Sentencing Guidelines: 12 to 18 months in federal prison

Case Result: A below guideline sentence of federal probation.

*This sentence variance was in part the result of a 3553(a) mitigation analysis.

USA v. MEJIA CASE NO.: 8:06-CR- 400-WHITTEMORE

Counts: Money Laundering

Sentencing Guidelines: 78 to 97 months in federal prison

Case Result: A below guideline sentence of federal probation.

*This sentence variance was in part the result of a 3553(a) mitigation analysis.

USA v. NASSER CASE NO.: 8:12-CR-CASTAGNA

Counts: Wire Fraud – Approximately $360,000

Sentencing Guidelines: 30 to 37 months in federal prison

Case Result: A below guideline sentence of federal probation.

*This sentence variance was the result of sustained legal objections.

USA v. GRANT CASE NO.: 8:05-CR-458-WHITTEMORE

Counts: Wire Fraud – Approximately $5,000,000

Sentencing Guidelines: Approximately 240 months in federal prison

Case Result: A below guideline sentence 18 months and dismissal of 15 of 16 counts.

*This sentence variance was the result of a 3553(a) mitigation analysis.

USA v. NUNLIST CASE NO.: 8:18-CR-361-HONEYWELL

Counts: Filing a false, fictitious, and fraudulent IRS claim of $7,000,000

Sentencing Guidelines: 37 to 46 months in federal prison

Case Result: A below guideline sentence of 18 months.

*This sentence variance was in part the result of a 3553(a) mitigation analysis.

USA v. GUDELIS CASE NO.: 3:12-CR-23-COLLIER

Counts: Mortgage Fraud – Approximately $7,000,000

Sentencing Guidelines: 78 to 97 months in federal prison

Case Result: A below guideline sentence of 24 months.

*This sentence variance was in part the result of a 3553(a) mitigation analysis.

NOTABLE FEDERAL WHITE-COLLAR CRIME RESULTS

USA v. TATHAM No Case Number Assigned 2017

Counts: Conspiracy to Commit Money Laundering, Wire Fraud and Mail Fraud

Case Result: Pre-trial Diversion.

USA v. DENMON CASE NO.: 8:19-CR-19-JUNG

Counts: Theft of government property

Case Result: A below guideline sentence of federal probation.

USA v. CORLIS CASE NO.: 8:15-CR-450-BUCKLEW

Counts: Unlawful discharge of a pollution

Case Result: A below guideline sentence of probation.

USA v. BRYSON CASE NO.: 8:16-CR-341-KOVACHEVICH

Counts: Conspiracy to Commit Wire Fraud and Mail Fraud

Case Result: A below guideline sentence of federal probation.

USA v. ARMSTRONG CASE NO.: 8:15-CR-288-SCRIVEN

Counts: Conspiracy to Commit Theft of Government Funds and Aggravated Identity Theft

Case Result: A below guideline sentence of federal probation.

USA v. F. WILLIAMS CASE NO.: 8:13-CR-428-LAZZARA

Counts: Conspiracy to Commit Mail Fraud and Wire Fraud

Case Result: A below guideline sentence of federal probation.

USA v. NASSER CASE NO.: 8:12-CR-403-CASTAGNA

Counts: Conspiracy to Commit Mail Fraud and Wire Fraud –$360,000

Case Result: A below guideline sentence of federal probation.

USA v. REYNOLDS CASE NO.: 8:12-CR-527-BUCKLEW

Counts: Criminal Contempt of Court.

Case Result: A sentence of one year of federal probation.

USA v. SORCHEVICH CASE NO.: 8:12-CR-51-LAZZARA

Counts: Mortgage Fraud

Case Result: A below guideline sentence of federal probation.

USA v. HAMID CASE NO.: 8:11-CR-289-LAZZARA

Counts: Conspiracy of a Business Owner to Traffic in Stolen Merchandise

Case Result: A below guideline sentence of federal probation.

USA v. FARINHA CASE NO.: 8:09-CR-464-LAZZARA

Counts: Mortgage Fraud – Approximately $500,000

Case Result: A below guideline sentence of federal probation.

USA v. LOUISSAINT CASE NO.: 8:10-CR-416-COVINGTON

Counts: Conspiracy to Commit Tax Fraud – Approximately $300,000

Case Result: A below guideline sentence of federal probation.

USA v. MEJIA CASE NO.: 8:06-CR- 400-WHITTEMORE

Counts: Money Laundering

Case Result: A below guideline sentence of federal probation.

USA v. WILSON CASE NO.: 5:19-CR-73-WHITTEMORE

Counts: Conspiracy to Commit Healthcare Fraud and Solicit Healthcare Kickbacks

Case Result: A below guideline sentence of 18 months

USA v. DOE No Case Number Assigned RN-2013

Counts: Health Care Conspiracy to Commit Mail Fraud and Wire Fraud

Case Result: Search warrant served. No arrest. No indictment.

USA v. DOE No Case Number Assigned NN-2013

Counts: Health Care Conspiracy to Commit Mail Fraud and Wire Fraud

Case Result: Search warrant served. No arrest. No indictment.

USA v. DOE No Case Number Assigned JA-2013

Counts: Bank Fraud Conspiracy to Commit Mail and Wire Fraud

Case Result: No arrest. No indictment.

USA v. DOE No Case Number Assigned CB-2012

Counts: Bank Fraud Conspiracy to Commit Mail and Wire Fraud

Case Result: No arrest. No indictment.

USA v. DOE No Case Number Assigned CB-2012

Counts: Mortgage Fraud Conspiracy to Commit Mortgage, Mail and Wire Fraud

Case Result: No arrest. No indictment.

USA v. DOE No Case Number Assigned WB-2014

Counts: Health Care Conspiracy to Commit IRS, Mail Fraud and Wire Fraud

Case Result: No arrest. No indictment.

USA v. GRANT CASE NO.: 8:05-CR-458-WHITTEMORE

Counts: Conspiracy to Commit Mail Fraud and Wire Fraud

Case Result: A below guideline sentence of 18 months in a federal prison camp and a dismissal of 15 of the 16 counts in the original indictment.

USA v. NUNLIST CASE NO.: 8:18-CR-361-HONEYWELL

Counts: Filing a false, fictitious, and fraudulent IRS claim of $7,000,000

Case Result: A below guideline sentence of 18 months.

USA v. GUDELIS CASE NO.: 3:12-CR-23-COLLIER

Counts: Conspiracy to Commit Mortgage Fraud – Approximately $7,000,000

Case Result: A below guideline sentence of 24 months.

NOTABLE FEDERAL DRUG TRAFFICKING/GUN CASE RESULTS

USA v. JACKSON CASE NO.: 2:18-CR-14-GODBEY-WOOD

Counts: Conspiracy to possess with intent to distribute 5 kilograms or more of cocaine, conspiracy to possess with intent to distribute cocaine base, and conspiracy to possess with intent to distribute marijuana, and possession of 500 grams or more of cocaine with intent to distribute

Trial Result: Verdict of Not Guilty on all counts. Acquitted on all counts.

USA v. SMITH CASE NO.: 6:04-CR-37-FAWSETT

Counts: Conspiracy to distribute 50 kilograms of cocaine, possession of marijuana and conspiracy to possess $850,000 in counterfeit money

Trial Result: Verdict of Not Guilty as to conspiracy to distribute 50 kilograms of cocaine. Verdict of Not Guilty as to conspiracy to possess $850,000 in counterfeit money. Guilty of possession of marijuana.

USA v. CRUZ-ALVAREZ CASE NO.: 5:08-CR-22-HODGES

Counts: Conspiracy to distribute 100 or more marijuana plants and possession with the intent to distribute 100 or more marijuana plants

Trial Result: Verdict of Not Guilty on all counts. Acquitted on all counts.

USA v. SPOONER CASE NO.: 8:11-CR-69-WHITTEMORE

Counts: Conspiracy to distribute 50 grams of more of methamphetamine

Trial Result: Verdict of Not Guilty as to conspiracy to distribute 50 grams of more of methamphetamine (mandatory minimum of life in prison). Verdict of Not Guilty as to the lesser included offense of conspiracy to distribute five grams or more of methamphetamine (mandatory minimum 20 years in prison) and guilty of possession with intent to distribute methamphetamine (no minimum mandatory penalty).

USA v. CHIN CASE NO.: 8:14-CR-135-POLSTER-CHAPPELL

Counts: Conspiracy to possess with intent to distribute cocaine, cocaine base, and marijuana.

Trial Result: Verdict of Not Guilty as to conspiracy of possession with intent to distribute cocaine base. Verdict of Not Guilty as to conspiracy of possession with intent to distribute marijuana. Guilty as to the conspiracy to distribute cocaine.

USA v. BLANGO CASE NO.: 2:07-CR-39-STEELE

Counts: Four counts of armed bank robbery and four counts of using a firearm during a crime of violence

Trial Result: Verdicts of Not Guilty as to two of four counts of armed bank robbery. Verdicts of Not Guilty as to two counts of four counts of using a firearm during a crime of violence.

USA v. LEWIS CASE NO.: 8:08-CR-127-LAZZARA (Trial 1)

Counts: Possession of a firearm by a convicted felon and possession with intent to distribute crack cocaine.

Trial Result: Hung Jury.

USA v. JERLOW CASE NO.: 8:08-CR-340-COVINGTON

Counts: Conspiracy to Possess with the intent to distribute 50 kilograms of cocaine

Case Result: Motion to Suppress Evidence Granted. The charges in the indictment were dropped. Mr. Jerlow pleaded guilty to the use of a cell phone in the commission of a felony.

USA v. VALLARDES CASE NO.: 8:11-MJ-01157-PIZZO

Counts: Failure to Obey an Order by Coast Guard to Stop a Drug Vessel

Case Result: Case Dismissed after a full probable cause hearing.

USA v. RODRIGUEZ CASE NO.: 8:18-CR-462-JSM-CPT

Counts: Conspiracy to Possess with Intent to Distribute 500 Grams of More of Cocaine

Case Result: A below guideline sentence of federal probation.

USA v. T. WRIGHT CASE NO.: 8:13-CR-135-LAZZARA

Counts: Conspiracy to Distribute Marijuana

Case Result: A below guideline sentence of federal probation.

USA v. REYNOLDS CASE NO.: 8:12-CR-527-BUCKLEW

Counts: Criminal Contempt of Court.

Case Result: A below guideline sentence of federal probation.

USA v. KEY CASE NO.: 8:11-CR-323-KOVACHEVICH

Counts: One Count of Conspiracy to Distribute Methamphetamine

Case Result: A below guideline sentence of federal probation.

USA v. MILES CASE NO.: 8:12-CR-145-WHITTEMORE

Counts: One Count of Conspiracy to Distribute Crack Cocaine

Case Result: A below guideline sentence of federal probation.

USA v. CHAMBERS CASE NO.: 2:08-CR-41-STEELE

Counts: One Count of Conspiracy to Distribute Crack Cocaine

Case Result: A below guideline sentence of federal probation.

USA v. ROJAS CASE NO.: 8:09-CR-269-SCRIVEN

Counts: Conspiracy to Distribute 100 Marijuana Plants or More

Case Result: A below guideline sentence of federal probation.

USA v. LEBRON CASE NO.: 8:05-CR-75-KOVACHEVICH

Counts: One Count of Trafficking in GHB

Case Result: A below guideline sentence of federal probation.

NOTABLE CAREER OFFENDER CASE RESULTS

USA v. ADKINS CASE NO.: 8:18-CR-433-SCRIVEN

Counts: Possession with intent to distribute and distribution of cocaine and heroin
Sentencing Guidelines: 151 months to 188 months in federal prison as a career offender

Case Result: A below guideline sentence of 33 months.

USA v. MCLAREN CASE NO.: 5:18-CR-32-DALTON

Counts: Conspiracy to distribute 50 grams or more of methamphetamine and 100 grams or more of heroin
Sentencing Guidelines: 121 months to 151 months in federal prison as a career offender

Case Result: A below guideline sentence of 84 months.

USA v. LEWIS CASE NO.: 0:19-CR-60046-COHN

Counts: Conspiracy to Distribute Cocaine and Use of Firearm in a Drug Trafficking Offense
Sentencing Guidelines: 322 months to 387 months in federal prison as a career offender

Case Result: The district court sentenced Mr. Lewis to 109 months without the career offender designation after sustaining Mr. O’Brien’s legal objection after a sentencing hearing.

NOTABLE FEDERAL APPELLATE RESULTS

USA v. MUSSON CASE NO.: 8:09-CR-481-SDM-JSS

Appellate Background: Originally sentenced to 300 months for murder for hire, possession of a firearm by a convicted felon and use of a firearm in furtherance of a crime of violence in April of 2010, attorneys Mark J. O’Brien assisted Mr. Musson in filing a successful motion to vacate based upon Davis v. United States, 139 S.Ct. 2319 (2019) and Johnson v. United States, 135 S.Ct. 2551 (2015).

Appellate Result: Attorney O’Brien then represented Mr. Musson at his resentencing, wherein the Honorable Steven D. Merryday, United States District Court Judge, after hearing mitigation arguments, imposed a new sentence of 168 months. With credit for time already served, Mr. Musson should be released by Christmas of 2021.

RAYMOND BRANNON CASE NO.: 16-CV-14530
v. SECRETARY,
DEPARTMENT OF
CORRECTIONS,
STATE OF FLORIDA

Appellate Background: A successful 2254 post-conviction motion to the Southern District of Florida, Miami Division, from a Broward County Circuit Court conviction and sentence of 25 years in state prison.

Appellate Result: After an evidentiary hearing in federal court, the district court found that Mr. Brannon’s trial counsel was ineffective. His conviction was overturned, his sentence was vacated, and a new trial was ordered.

USA v. MILLER CASE NO.: 8-14-CV-2181-MSS-JSS

Appellate Background A successful 2255 motion resulting from an erroneous Armed Career Criminal designation.

Appellate Result Middle District of Florida, Tampa Division, District Court Judge Mary S. Scriven initially denied our federal 2255 motion. After analyzing our motion for reconsideration, Judge Scriven reversed course and granted our client’s federal 2255 motion. Judge Scriven ordered our client’s Armed Career Criminal status removed, revoked his original sentence, and ordered a resentencing. At his resentencing, while represented by our office, Mr. Miller received a sentence of time served and was released the following day.

USA v. ALLS CASE NO.: 8:06-CR-460-T-27, 8:16-CV-460-T-27

Appellate Background: A successful appeal to the Eleventh Circuit Court of Appeals from a jury conviction and Mandatory 851 Enhanced Life Sentence for conspiracy to distribute cocaine.

Appellate Result: Life Sentence Vacated. As a result of our firm’s legal efforts, the Eleventh Circuit Court of Appeals vacated our client’s life sentence and remanded the case to the district court. Our client was represented by a lawyer not affiliated with our firm during his jury trial loss. His family hired us after he was sentenced to life in federal prison.

USA v. RODRIGUEZ CASE NO.: 12-12257

Appellate Background: A successful appeal to the Eleventh Circuit Court of Appeals from a jury conviction and Mandatory 851 Enhanced Life Sentence for conspiracy to distribute cocaine.

Appellate Result: Life Sentence Vacated. As a result of our firm’s legal efforts, the Eleventh Circuit Court of Appeals vacated our client’s life sentence and remanded the case to the district court. Our client was represented by a lawyer not affiliated with our firm during his jury trial loss. His family hired us after he was sentenced to life in federal prison.

USA v. AGUINAGA CASE NO.: 14-15577

Appellate Background: A successful appeal to the Eleventh Circuit Court of Appeals from a jury conviction and a one hundred and eighty-month prison sentence for attempt to entice a minor to engage in a sexual act.

Appellate Result: Reversed and remanded in part due to the district court’s failure to make a factual finding about a disputed statement in the presentence investigation report.

NOTABLE MOTIONS TO SUPPRESS EVIDENCE AND MOTIONS TO DISMISS RESULTS

DINER CASE NO.: 2016-CF-013503 (Hillsborough)

Charges: 100 Counts of Possession of Child Pornography

Judge: Kiser

Maximum Sentence: 1,500 years in prison

Case Result: Motion to Suppress Granted. Case Dismissed.

ALICEA CASE NO.: 2016-CF-006626 (Hillsborough)

Charges: Possession of Heroin with Intent to Sell

Judge: Fernandez and Ward

Maximum Sentence: 15 years state prison

Case Result: Motion to Suppress Granted. Case Dismissed.

GOMEZ CASE NO.: 2011-CF-002012 (Marion)

Counts: Burglary, Grand Theft, and Possession of Burglary Tools

Judge: Lambert

Maximum Sentence: 15 years in prison

Case Result: Motion to Suppress Evidence Granted. Case Dismissed.

RITTER CASE NO.: 16-CF-012859-A (Hillsborough)

Counts: Battery on an Officer

Judge: Fernandez

Maximum Sentence: 5 years in prison

Case Result: State Conceded to Defendant’s Motion to Dismiss and the Defendant was permitted to do the diversion program. Upon successful completion all charges will be dismissed against her.

VILLEGAS CASE NO.: 15-CF-013804-A (Hillsborough)

Counts: Carrying a Concealed Firearm and Possession of Cannabis

Judge: Sabella

Maximum Sentence: 6 years in prison

Case Result: State Conceded to Defendant’s Motion to Dismiss and the Defendant was permitted to do the diversion program. Upon successful completion all charges will be dismissed against him.

FELIX CASE NO.: 2005-CF-1409 (Hillsborough)

Charges: Conspiracy to Traffic in Heroin

Judge: Lopez

Mandatory Minimum: 15 years in state prison

Case Result: Motion to Suppress Evidence Granted. Case Dismissed.

STEVENS CASE NO.: 2010-CF-016486 (Hillsborough)

Charges: Violation of Probation

Maximum Sentence: 5 years in state prison

Case Result: Motion to Dismiss Granted. Case Dismissed.

FAGAN CASE NO.: 2011-CF-3312 (Hillsborough)

Charges: Dealing in Stolen Property

Judge: Fernandez

Maximum Sentence: 15 years in state prison

Case Result: Motion to Dismiss granted. Case Dismissed.

SMITH CASE NO.: 2006-CF-018405, 11-CF-248 (Hillsborough)

Charges: Failure of Sex Offender to Report a Change of Address; third VOP

Judge: Fernandez

Maximum Sentence: 20 years state prison

Case Result: Motion to Dismiss Granted. Case Dismissed.

MOSLEY CASE NO.: 2010-CF-013346 (Hillsborough)

Charges: Two Count Felony Failure of a Sex Offender to Report

Judge: Ficarrotta

Case Result: Motion to Dismiss Granted. Case Dismissed.

ROLON CASE NO.: 1998-CR-247 (Massachusetts)

Charges: Possession of Hashish, Class C Felony

Case Result: Motion to Dismiss Granted. Case Dismissed.

NOTABLE CASE DISMISSALS BEFORE CHARGES WERE FILED

DOE CASE NO.: None Assigned (Hillsborough)

Counts: Sexual Battery on a Person with Familial Authority

Maximum Sentence: Life in Prison and a Sexual Predator Designation

Case Result: No arrest. No Charges Filed.

DOE CASE NO.: None Assigned (Hillsborough)

Charges: Sexual Battery and a lifetime sexual offender label

Maximum Sentence: Life in state prison

Case Result: No Arrest. No Charges Filed.

DOE CASE NO.: None Assigned (Hillsborough)

Charges: Two Counts of Sexual Battery on a Minor

Maximum Sentence: 60 years in state prison and lifetime sexual offender label

Case Result: No Arrest. No Charges Filed.

DOE CASE NO.: None Assigned (Hillsborough)

Charges: Forcible Sexual Battery, False Imprisonment, Sexual Offender Label

Maximum Sentence: 35 years in state prison

Case Result: No Arrest. No Charges Filed.

NOTABLE CRIMINAL CASE DISMISSALS AFTER CHARGES WERE FILED

WILLIS CASE NO.: 2012-CF-3617 (Marion)

Charges: Attempted Robbery with a Firearm

Judge: Tatti

Maximum Sentence: Life in state prison

Case Result: Case Dismissed.

ARENAS CASE NO.: 15-CF-013193-A (Hillsborough)

Charges: Discharging a Weapon from an Occupied Vehicle

Judge: Moody

Maximum Sentence: 15 Years in state prison

Case Result: Case Dismissed.

MOHAMMAD CASE NO.: 15-CF-003942-A (Marion)

Charges: Possession of Synthetic Cannabis

Judge: Pope

Maximum Sentence: 5 Years in state prison

Case Result: Case Dismissed.

SANTOS CASE NO.: 2016-CF-003829 NC (Sarasota)

Charges: Battery on a Pregnant Female

Judge: Roberts

Maximum Sentence: 5 Years in state prison

Case Result: Case Dismissed.

JOHNSON CASE NO.: 2015-CF-000263 (Hardee)

Charges: Felon in Possession of a Firearm; Resisting without Violence; and Possession of Cannabis

Judge: Ezelle

Maximum Sentence: 17 Years in state prison

Case Result: Case Dismissed.

HARMON CASE NO.: 15-CF-009007-A (Hillsborough)

Charges: Failure to Redeliver Hired Property

Judge: Moody

Maximum Sentence: 5 Years in state prison

Case Result: Case Dismissed.

EDISON CASE NO.: 15-CF-016856 (Lee)

Charge: Sale of Cocaine and Possession of Cocaine

Judge: Manalich

Maximum sentence: 35 years in prison as a Habitual Felony Offender.

Case Result: Case Dismissed.

STEVENS CASE NO.: 2011-CF-03409 (Hillsborough)

Charges: Felony Battery and Battery

Maximum Sentence: 6 years in state prison

Case Result: Case Dismissed.

GAETANO CASE NO.: 2013-CF-008843, 2013-CM-014221 (Hillsborough)

Charges: Battery, Child Abuse, False Imprisonment on a Child, Tampering with a Witness, Sexual Battery, Possession of Drug Paraphernalia, Unlawful Sexual Activity with a Minor, and Obstructing or Opposing an officer without violence.

Case Result: As a result of our firm’s efforts, the state did not file any felony charges. This matter was then transferred from felony court to misdemeanor court with the remaining charges of battery, possession of drug paraphernalia, and obstructing or opposing an officer without violence. The battery charge was then dropped by the state. Our client received a time served sentence (20 days) for the remaining misdemeanor charges of possession of drug paraphernalia and obstructing or opposing an officer without violence.

WILLIAMSON CASE NO.: 20012559CFANO (Pinellas)

Charges: Failure to Redeliver Hired Property

Judge: Covert

Maximum Sentence: 5 Years in state prison

Case Result: Case Dismissed.

COOK CASE NO.: 20113-CR-06258 (Hillsborough)

Charges: 80 Counts of Possession of Child Pornography (10 or More Images)

Judge: Tharpe

Maximum Sentence: 1,200 years in state prison

Case Result: Case Dismissed.

ALVEY CASE NO.: 2008-CF-11650 (Hillsborough)

Charges: Grand Theft of a Motor Vehicle in the Second Degree

Maximum Sentence: 15 years in state prison

Case Result: Case Dismissed.

DEJESUS CASE NO.: 2012000178CFMA (Highlands)

Charges: Trafficking in Cocaine

Judge: Cowden

Case Result: Case Dismissed.

WOOD CASE NO.: 2013-CM-015786 (Hillsborough)

Charge: Domestic Violence Battery

Judge: Greco

Result: Case Dismissed.

HAKEEM CASE NO.: 2014-CM-008307 (Hillsborough)

Charge: Domestic Violence Battery

Judge: McNeil

Result: Case Dismissed.

FITZHENRY CASE NO.: 2013-CM-017851, 2013-CM-017852 (Hillsborough)

Charges: Three charges of Obtaining Property for a Worthless Check

Judge: Myers

Result: Case Dismissed.

NOTABLE SEX OFFENSE AND CHILD PORNOGRAPHY RESULTS

DINER CASE NO.: 2016-CF-013503 (Hillsborough)

Charges: 100 Counts of Possession of Child Pornography

Judge: Kiser

Maximum Sentence: 1,500 years in prison

Case Result: Motion to Suppress Granted. Case Dismissed.

EARGOOD CASE NO.: 2011-CF-18990 (Hillsborough)

Count: Lewd and Lascivious Molestation

Judge: Tharpe

Mandatory Sentence: 15 years in state prison as a PRRP and a HFO

Case Result: Verdict of Not Guilty.

MATHIS CASE NO.: 2015-CF-9007 (Hillsborough)

Count: Lewd and Lascivious Molestation

Judge: Moody

Mandatory Sentence: 15 years in state prison

Case Result: Reduction in charges to Battery and Probation. Mathis is not a sexual offender as a result of this plea deal.

VLIET CASE NO.: CRC1404805CFAWS (Pasco)

Count: Lewd and Lascivious Molestation

Judge: Handsel

Mandatory Sentence: Life in state prison

Case Result: Reduction in charges to child abuse and probation. Vliet is not a sexual offender as a result of this plea deal.

DOE CASE NO.: None Assigned (Hillsborough)

Charges: Sexual Battery and a lifetime sexual offender label

Maximum Sentence: Life in state prison

Case Result: No Arrest. No Charges Filed. Name not listed to protect the innocent.

DOE CASE NO.: None Assigned (Hillsborough)

Charges: Two Counts of Sexual Battery on a Minor

Maximum Sentence: 60 years in state prison and lifetime sexual offender label

Case Result: No Arrest. No Charges Filed. Name not listed to protect the innocent.

DOE CASE NO.: None Assigned (Hillsborough)

Charges: Forcible Sexual Battery, False Imprisonment and a lifetime sexual offender label

Maximum Sentence: 35 years in state prison

Case Result: No Arrest. No Charges Filed. Name not listed to protect the innocent.

GAETANO CASE NO.: 2013-CF-008843, 2013-CM-014221 (Hillsborough)

Charges: Battery, Child Abuse, False Imprisonment on a Child, Tampering with a Witness, Sexual Battery, Possession of Drug Paraphernalia, Unlawful Sexual Activity with a Minor, and Obstructing or Opposing an officer without violence.

Maximum Sentence: Life

Case Result: As a result of our firm’s efforts, the state did not file any felony charges. This matter was then transferred from felony court to misdemeanor court with the remaining charges of battery, possession of drug paraphernalia, and obstructing or opposing an officer without violence. The battery charge was then dropped by the state. Our client received a time served sentence (20 days) for the remaining misdemeanor charges of possession of drug paraphernalia and obstructing or opposing an officer without violence.

COOK CASE NO.: 2013-CR-06258 (Hillsborough)

Charges: 80 Counts of Possession of Child Pornography (10 or More Images)

Judge: Tharpe

Maximum Sentence: 1,200 years in state prison

Case Result: Case Dismissed.

PARRILLA CASE NO.: 2013-CF-10646 (Hillsborough)

Charges: 1 Count of Possession of Child Pornography

Judge: Tharpe

Maximum Sentence: 5 years in state prison

Sentence: Probation

TORRES CASE NO.: 2014cf-008938 (Polk)

Charges: Using a Child to Engage in Sexual Acts, Sex by Person Over 24 with a 16 or 17 Year Old, and Human Trafficking

Judge: Butz

Maximum Sentence: Life

Case Result: Probation

GRUSZCYNSKI CASE NO.: 2011-CF-1179 (Hernando)

Charges: Sending Obscene Material to a Minor

Judge: Merritt, Sr.

Maximum Sentence: 60 months in state prison

Case Result: Charges reduced to Child Abuse. Probation. No jail or prison.

SMITH CASE NO.: 2006-CF-018405, 11-CF-248 (Hillsborough)

Charges: Failure of Sex Offender to Report and Third VOP

Judge: Fernandez

Maximum Sentence: 20 years state prison

Case Result: Motion to Dismiss Granted. Case Dismissed.

MOSLEY CASE NO.: 2010-CF-013346 (Hillsborough)

Charges: Failure of a Sex Offender to Report

Judge: Ficarrotta

Case Result: Motion to Dismiss Granted. Case Dismissed.

WILLIAMS CASE NO.: 2010-CF-003236 (Hillsborough)

Charges: Failure of Sex Offender to Report

Judge: Pomponio

Sentencing Guidelines: 41 Months in state prison

Maximum Sentence: 5 years in state prison

Case Result: Credit for time already served.

PARRILLA CASE NO.: 2013-CF-10646 (Hillsborough)

Charge: Second Violation of Sex Offender Probation

Maximum Sentence: 5 years in state prison

Judge: Tharpe

Case Result: Reinstated to the original terms and conditions of probation.

STATE v. MO

NOTABLE DRUG TRAFFICKING AND MINIMUM MANDATORY RESULTS

ABNEY CASE NO.: 2016-CF-606 and 2016-CF-605 (Marion)

Charge: Trafficking in Methamphetamine

Minimum Mandatory Sentence: 3 years in prison

Maximum Sentence: 30 years in prison

Case Result: Defendant pled to the reduced charges of sale and possession

only and was offered a county jail sentence

SCRUGGS CASE NO.: 1309396CFANO (Pinellas)

Charge: Trafficking Cocaine, Aggravated Assault with a Firearm; Felon in Possession of a Firearm

Judge: Chris Helinger

Minimum Mandatory Sentence: 3 years in prison

Maximum Sentence: 60 Years in prison

Case Result: Defendant pled to possession of a controlled substance only and received time served. All other charges were dismissed.

DUNCAN CASE NO.: 2014-CF-1253 (Sarasota)

Charges: Possession of a Controlled Substance (LSD), Possession of a Controlled Substance (MDMA), Possession of Cannabis (more than 20 grams), and Possession of Drug Paraphernalia

Judge: Krug

Maximum Sentence: 15 years in state prison.

Case Result: Probation. No jail or prison.

TILLIS CASE NO.: 2012-CF-004670 (Hillsborough)

Charges: Trafficking in Cocaine (400 grams to 150 kilograms)

Judge: Campbell

Mandatory Minimum: 15 years in state prison

Maximum Sentence: 30 years in state prison

Case Result: Probation. No jail or prison.

DEWESE CASE NO.: 2011-CF-014672 (Hillsborough)

Charges: Trafficking in Cocaine (28 to 200 grams), Trafficking in Phenethylamines (10 to 200 grams)

Judge: Sabella

Mandatory Minimum: 6 years in state prison

Maximum Sentence: 60 years in state prison

Case Result: Probation. No jail or prison.

STOKES CASE NO.: 2012-CF-231 (Alachua)

Charge: RICO

Judge: Glant

Maximum Sentence: 30 years in state prison

Case Result: RICO dismissed. Case reduced to possession with intent to distribute marijuana. Probation. No jail or prison.

ROMAIN Case No.: 11-CF-016307 (Hillsborough)

Charges: Four Counts of Trafficking in Illegal Drugs, Possession of a Controlled Substance with Intent to Sell and Four Counts of Felony Possession of Illegal Drugs

Judge: Moody

Mandatory Minimum: 25 years in state prison

Maximum Sentence: 145 years in state prison

Case Result: In-Jail Drug Treatment Program and Probation. No prison.

MCGRAW CASE NO.: 2011-CF-9665 (Hillsborough)

Charges: Trafficking Oxycodone

Judge: Cook

Mandatory Minimum: 15 years in state prison

Case Result: Probation. No jail or prison.

WILLIAMS CASE NO.: 2010-CF-016222 (Hillsborough)

Charges: Trafficking Cocaine

Judge: Moody

Mandatory Minimum: 7 years in state prison

Case Result: Probation. No jail or prison.

GREENE CASE NO.: 2010-CF-014917 (Hillsborough)

Charges: Trafficking in illegal drugs and conspiracy to traffic in drugs

Judge: Moody

Mandatory Minimum: 25 years in state prison

Case Result: Probation. No jail or prison.

TOWNSEND CASE NO.: 2010-CF-7768 (Hillsborough)

Charges: Trafficking in illegal drugs and conspiracy to traffic in drugs

Judge: Timmerman

Mandatory Minimum: 25 years in state prison

Case Result: Probation. No jail or prison.

LAUKOFF CASE NO.: 2008-CF-011446 (Hillsborough)

Charges: Conspiracy to Traffic in Marijuana

Judge: Barber

Mandatory Minimum: Three years in state prison

Maximum Sentence: 15 years in state prison

Case Result: Probation. No jail or prison.

FERREIRAS CASE NO.: 2003-155 (State of New York)

Charges: (A1) First Degree Cocaine Trafficking

Judge: Supreme Court Judge Buscalia

Sentencing Guidelines: Fifteen years to life in New York State Prison

Case Result: Probation. No jail or prison.

HUDSON CASE NO.: 2007-04725 (Hillsborough)

Charges: Conspiracy to Traffic in Marijuana

Judge: Timmerman

Mandatory Minimum: 3 years in state prison

Case Result: 275 days work release followed by probation.

NOTABLE VIOLATIONS OF PROBATION RESULTS

CAMARA CASE NO.: 2011-cf-017186 (Hillsborough)

Charges: Robbery

Judge: Laura Ward

Maximum Sentence: Life in Prison

Case Result: Violation Dismissed after a full violation hearing with witnesses.

BERGERON CASE NO.: 12-CF-002877-A (Hillsborough)

Charges: On probation for Burglary of a Dwelling, two counts of Dealing in Stolen Property and two counts of False Information on a Pawnbroker Form. Bergeron picked up 23 new counts of Dealing in Stolen Property and False Information on a Pawnbroker Form

Judge: Holder

Maximum Sentence: Over 100 years in state prison

Case Result: Probation.

STEVENS CASE NO.: 2010-CF-016486 (Hillsborough)

Charges: Violation of Probation

Maximum Sentence: 5 years in state prison

Case Result: Motion to Dismiss Granted.

PARRILLA CASE NO.: 2013-CF-10646 (Hillsborough)

Charge: Second Violation of Sex Offender Probation

Maximum Sentence: 5 years in state prison

Judge: Tharpe

Case Result: Reinstated to the original terms and conditions of probation.

CAMACHO CASE NO.: 2009-CF-19218, 2010-CF-15772 (Hillsborough)

Charges: Fourth Violation of Probation

Judge: Perry

Case Result: Reinstated to the original terms and conditions of probation.

KRAMER CASE NO.: 2012-CF-001478, 2012-CF-001786 (Hillsborough)

Charges: Third Violation of Probation

Maximum Sentence: 30 years in state prison

Judge: Perry

Case Result: One year of community control and two years of drug probation.

ANDREWS CASE NO.: 2012-CF-008047, 2012-CF-011057 (Hillsborough)

Charges: Second Violation of Probation with New Criminal Charge

Maximum Sentence: 15 years in state prison

Judge: Perry

Case Result: Reinstatement to original terms and conditions of probation.

DIEU CASE NO.: 200903317CFANO (Pinellas)

Charges: VOP – Burglary of an Occupied Dwelling (Gang Related)

Judge: Quesada

Maximum Sentence: 15 years in state prison

Case Result: Case Dismissed after a full violation hearing with witnesses.

BARFIELD CASE NO.: 2001-CF-11271 et al (Hillsborough)

Charges: Eighth Violation of Community Control and Probation

Judge: Behnke

Mandatory Minimum: 15 year suspended sentence in state prison

Case Result: Motion to Dismiss Granted based on Richardson discovery violation.

RACE CASE NO.: 200805609CFANO (Pinellas)

Charges: Violation of Probation – Child Abuse

Judge: Quesada

Guideline Sentence: 44 months in state prison

Case Result: Reinstatement to original probation.

FELIX CASE NO.: 2003-CF-1688 (Hillsborough)

Charges: Conspiracy to Traffic in Heroin

Judge: Lopez

Mandatory Minimum: 15 years in state prison

Case Result: Reinstatement to original probation after our motion to suppress evidence was granted.

NOTABLE CASE DISMISSALS BASED UPON A POLYGRAPH EXAMINATION

MACIAS CASE NO.: 2010-CF-0038191 (Marion)

Charges: Trafficking in Methamphetamine

Judge: Stancil

Mandatory Sentence: 15 years in state prison

Maximum Sentence: 30 years in state prison

Case Result: Case Dismissed based upon a successful polygraph examination.

NOTABLE DUI RESULTS

TERINO CASE NO.: 17-CT-010251 (Hillsborough)

Charges Driving Under the Influence – DUI

Case Result Amended to a reckless driving, no jail and no license revocation.

WALKER CASE NO.: 2016-CT-001791-A (Orange)

Charges: Driving Under the Influence – DUI

Case Result: Amended to a reckless driving, no jail and no license revocation.

SAFAR CASE NO.: 2014-CT-146862 (Hillsborough)

Charges: Driving Under the Influence – DUI

Case Result: Amended to a reckless driving, no jail and no license revocation.

ROBERTS CASE NO.: 2012-CM–6386 (Hillsborough)

Charges: Driving Under the Influence – DUI: Second Within Five Years

Case Result: Amended to a reckless driving, no jail or probation.

MAXWELL CASE NO.: 2012-CM-62-CT (Holmes)

Charges: Driving Under the Influence – DUI

Case Result: Amended to a reckless driving, no jail and no license revocation.

CINAL CASE NO.: 2011-CM-6699 (Hillsborough)

Charges: Driving Under the Influence – DUI: Second Within Five Years

Case Result: Amended to a reckless driving, no jail and no license revocation.

KURPASI CASE NO.: 2010-CM-5744 (Hillsborough)

Charges: Driving Under the Influence – DUI

Case Result: Amended to a reckless driving, no jail and no license revocation.

LEASURE CASE NO.: 2004-CM-201214 (Hillsborough)

Charge: Driving Under the Influence – DUI

Case Result Amended to a reckless driving, no jail and no license revocation.

ESLER CASE NO.: 2004-1097

Background: An appeal to the Second District Court of Appeal from a jury conviction and sentence of 5 years in prison on a count of DUI with serious bodily injury.

Case Result: Case reversed. As a result of our firm’s appellate efforts, the Second District Court of Appeal overturned the circuit court jury conviction and five year state prison term.

OTHER NOTABLE CRIMINAL RESULTS

YATES CASE NO.: 2015CF004154A000XX (Polk)

Charges: Armed Robbery with a Firearm and Armed Kidnapping

Judge: Ojeda

Mandatory Minimum Sentence: 10 years in prison

Maximum Sentence: Life in state prison

Case Result: Reduction in charges and Probation.

MILLER CASE NO.: 15-CF-001292-A & 15-CF-014145 (Hillsborough)

Charges: Delivery of Cannabis, Possession of Cannabis, Battery, Resisting without Violence and Criminal Mischief

Judge: Barber

Maximum Sentence: 9 years in state prison

Case Result: All felonies dismissed. Pled to misdemeanors only, time served.

EDISON CASE NO.: 15-CF-016856, 14-CF-019398, 14-CF-019397 (Lee)

Charge: Three counts of Sale of Cocaine and Three counts of Possession of Cocaine

Judge: Manalich

Maximum sentence: Life in prison as a Habitual Felony Offender.

Case Result: 3 years in prison.

WADE CASE NO.: 2013-CF-017372

Charge: Fraudulently Presenting a False Statement

Judge: Campbell

Background: This Defendant had several priors, including prior fraud charges.

Maximum sentence: 5 years

Case Result: A withhold of adjudication and probation. No jail or prison.

PARRILLA CASE NO.: 2013-CF-10646 (Hillsborough)

Charges: 1 Count of Possession of Child Pornography

Judge: Tharpe

Maximum Sentence: 5 years in state prison

Case Result: Probation. No jail or prison.

COBB CASE NO.: 2012-CF-17727 (Hillsborough)

Charges: Felon in Possession of a Firearm

Judge: Holder

Maximum Sentence: 15 years in state prison

Case Result: Our client paid court costs and the case was dismissed.

MORRISON CASE NO.: 2011-CF-2655 (Marion)

Charges: False Imprisonment, Tampering with a Witness and Battery

Judge: Stancil

Maximum Sentence: 12 years in state prison

Case Result: All felonies were dismissed. Our client paid court costs.

MOSLEY CASE NO.: 2009-CF-021579 (Hillsborough)

Charges: Burglary of an Unoccupied Dwelling, Two counts of Dealing in Stolen Property and False Information on a Pawnbroker Form

Judge: Moody

Maximum Sentence: 55 years in state prison

Case Result: Probation. No jail or prison.

PETIT CASE NO.: 10 Cases Total (Hillsborough)

Charges: Dealing Stolen Property, Grand Theft, Failure to Return Leased Property

Judge: Ficarrotta

Bottom of Guidelines: 41 months in state prison

Maximum Sentence: 135 years in state prison

Case Result: Probation. No jail or prison.

BLANCO CASE NO.: 2009-CF-012075 (Hillsborough)

Charges: Grand Theft $84,000.00, Second Degree Felony

Maximum Sentence: 15 years in state prison

Case Result: Probation. No jail or prison.

DIAZ CASE NO.: 2004-CF-13351 (Hillsborough)

Charges: Attempted First Degree Murder and Armed Robbery

Judge: Tharpe

Mandatory Minimum: 20 years in state prison (10/20/Life)

Case Result: Probation. No jail or prison.

O’CALLAHAN CASE NO.: 201001328CFANO (Pinellas)

Charges: Home Invasion Robbery

Maximum Sentence: Life in state prison

Case Result: Case reduced to misdemeanor trespass. Credit for time served.

CIAMPOLI CASE NO.: 201006944CFAWS (West Pasco)

Charges: Aggravated Assault with a Deadly Weapon and Trespass

Judge: Andrews

Maximum Sentence: 5 years in state prison

Case Result: Case reduced to misdemeanor assault. Credit for time served.

WILLIAMS CASE NO.: 2010-CF-003236 (Hillsborough)

Charges: Failure of Sex Offender to Report Quarterly

Judge: Pomponio

Sentencing Guidelines: 41 Months in state prison

Maximum Sentence: 5 years in state prison

Case Result: Credit for time already served.

HERSEY CASE NO.: 2005-CF-015527 (Hillsborough)

Charges: Felon in Possession of Firearm, Possession of Cocaine, VOP

Judge: Timmerman

Mandatory Minimum Sentence: 3 years in state prison

Case Result: A short county jail term and probation. No prison.

VELEZ CASE NO.: 2004-CF-15298 (Hillsborough)

Charges: Attempted First Degree Murder and Aggravated Battery

Judge: Tharpe

Mandatory Minimum: 20 years in state prison (10/20/Life Statute)

Maximum Sentence: 35 years in state prison

Case Result: Attempted first-degree murder and aggravated battery dismissed. The case was reduced to a misdemeanor assault.

PARSONS CASE NO.: 2004-CF-7455 (Hillsborough)

Charges: Attempted First Degree Murder and Aggravated Battery Firearm

Mandatory Minimum: 20 years in state prison (10/20/Life Statute)

Case Result: The case was reduced to aggravated assault. Attempted First Degree Murder and Aggravated Battery counts were dismissed.

LINDER CASE NO.: 2009-CF-000073, 10-CF-012925 (Hillsborough)

Charges: Burglary of an Occupied Dwelling; 3rd Violation of Probation

Judge: Fernandez

Case Result: DACCO Drug Treatment Program followed by a term of probation

HOWARD CASE NO.: 2011-CF-4913 (Hillsborough)

Charges: Two counts of Armed Robbery with a Firearm and Armed Burglary

Judge: Ficarrotta

Mandatory Minimum: 10 Years in Prison

Maximum Sentence: Life in Prison

Case Result: Youthful Offender sanctions.

CAMACHO CASE NO.: 2009-CF-019218, 2010-CF-015772 (Hillsborough)

Charges: Conspiracy to Commit Home Invasion Robbery with a Firearm; Burglary of an Occupied Dwelling with Assault or Battery; Grand Theft Firearm; and a Violation of Felony Probation

Judge: Holder

Mandatory Minimum: 10 years state prison (pursuant to 10-20-LIFE)

Case Result: Avon Park duel treatment program followed by a term of probation.

GRUSZCYNSKI CASE NO.: 2011-CF-1179 (Hernando County)

Charges: Sending Obscene Material to a Minor

Judge: Merritt, Sr.

Maximum Sentence: 60 months in state prison

Case Result: Charges reduced to Child Abuse. Probation. No jail or prison.