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13TH is a Netflix original documentary film directed by director Ava DuVernay, who has become one of the most important voices in TV & Film today. She also happens to be the brilliant director of Selma and When They See Us, among others. This doc is an elegantly crafted and devastatingly thorough journey through America’s…
Is a plug still shameless if what the plugger is plugging is 100 percent free forever? If so, forgive the shameless plug, but this is too important to miss. The purpose of Defense Map (www.defensemap.com) is to “uncover[] as much as possible about [your] clients’ game-changing backstories”. The creator of Defense Map is Indiana lawyer…
My colleague Alan Ellis travels the country interviewing judges about the most (and least) persuasive elements of sentencing advocacy. In a recent article published in Law360, Mr. Ellis conducts an extensive interview with Judge Nancy Gertner. It’s an essential read for all criminal law practitioners. The full article can be accessed HERE. The following are…
No matter what the case, there are only three types of sentencing stories defense lawyers ever tell. I call them the 3 “Rs”, and they are: REVELATION, RELATIVITY and REDEMPTION. Every case has at least one. With a little bit of luck and whole lot of elbow grease, you may uncover all three. Understanding these…
Potential Sentence: 37-46 Months
Actual Sentence: Probation + Home Confinement
The defendant was a decorated combat veteran who became a military contractor in Afghanistan. He was charged with taking bribes. The truth of this story is that a man must be judged by his entire life’s work, not just his lowest moment. Here, the client’s life has been, from the earliest age, devoted to SERVICE…
Potential Sentence: 121-151 months
Actual Sentence: 24 Months
This is the story of a 79-year-old man with no prior record, charged federally with Traveling with Intent to Commit Sexual Abuse of Minors. He was caught up in a sting operation for a fake “sex tourism” trip.
Potential Sentence: 30-37 Months
Actual Sentence: 10 Months
The defendant and her then husband were charged with multiple counts of fraud involving a real estate scheme. Here, the recommended guideline sentence was 30-37 months. Both the government and probation were recommending a 25 month prison sentence…
Potential Sentence: 46-57 Months
Actual Sentence: Probation
Client with prior felonies was charged with possession of a weapon. The movie focused on the incredible progress he has made since the commission of the offense…
Potential Sentence: 168-210 Months
Actual Sentence: 110 Months
The defendant was a doctor who pled guilty to distributing and possessing with intent to distribute fentanyl. The government painted the defendant as a “doctor drug dealer” but the truth was something far different….
Potential Sentence: 30 Years Actual Sentence: 10 Years The defendant was charged with the production of child pornography. The video told his life story which included a history of being the victim of sexual abuse, and other mitigating factors. Ten years was the minimum the judge could impose under the law. However, the judge stated…
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