Appellate Practice

KMB has the experience and ability to offer continuity of counsel to a prospective criminal client from the point of the initial investigation all the way through any appeal to the United States Supreme Court. The attorneys of KMB attempt to seamlessly transition the client from the factual presentation of the trial court to the more academic and legally intensive appellate realm. KMB believes that the institutional knowledge they gain regarding the client and their case while litigating a case from the start is invaluable to achieving successful results on appeal. The lawyers of KMB have argued more than 40 cases before the Ninth Circuit Court of Appeal.

Cases

Client was convicted at trial of 5 counts bank robbery, and sentenced to 21 years in jail. KMB attorney appealed based on illegal search, and Court reversed the convictions, and suppressed evidence for retrial. Because there was still some evidence remaining, however, a KMB attorney negotiated a binding plea agreement to a much-reduced sentence of 12 years and seven months.

Client was charged with false statements and loan fraud. Pled guilty to 4 counts, and appealed his sentence as being too high because it was based on two prior cases which he alleged should be counted only as one. Court of appeals originally held they were not related, which increased sentence, and a KMB attorney petitioned for rehearing and the Court vacated its own opinion, and issued a new opinion holding that the sentences were related.

A KMB attorney appealed district court sentencing based on quantity of drugs, where issue was whether when a kilogram of corn meal was spiked with small amount of cocaine the court could sentence based on full amount of corn meal and cocaine which was 2,779 grams or the amount of cocaine alone which was .1 grams. The Court of Appeals, in published decision, reversed the district court and held only the minimal weight of .1 grams of cocaine counted, resulting in a greatly reduced sentence.

In a published opinion, Court of Appeals reversed district court sentencing, and court held for first time that under Sentencing Guidelines, a felon may possess a gun for a lawful sporting purpose even though he is a felon, and was therefore entitled to 6 level reduction in the guidelines calculation.

Ninth Circuit reversed district court's denial of defendant's motion to suppress warrantless search of house, and found so-called "good faith exception" did not apply. Reversal resulted in dismissal of all charges. This was a published decision of first impression in circuit on good faith issue.

Ninth Circuit found district court erred in giving jury instruction over defendant's objection. Appeal resulted in published opinion of first impression that it is not appropriate to give the deliberate ignorance "Jewell" instruction when the defendant denies he knew about the contraband and the evidence does not support intentional avoidance of knowledge.

Writ granted by federal judge dismissing state conviction for possession of sales of drugs and gun. Client was released from 16 year state sentence.

State Court vacated a conviction that was many years old after KMB attorney filed state writ establishing defendant did not knowingly and intelligently waive his rights before entering plea.