Sentencing

When a client is convicted, intensive investigation, coordination with the probation department, and briefing is necessary at the sentencing stage. Recent United States Supreme Court cases have given federal judges wider discretion to depart in sentencing from the federal sentencing guidelines. Zealous representation at sentencing is now more crucial than ever to ensure a client receives the least punishment possible.

Cases

After a hard fought trial in which KMB attorney defended multiple drug transactions based on entrapment, despite the jury's conviction, KMB attorney doggedly pursued evidence the agents tried to hide, finally uncovering evidence that would have helped the defense at trial.  KMB attorney then reopened negotiations getting the client a sentence ½ the length that otherwise would have been required.

After local city police officers arrested a client and five officers claimed he resisted arrest and struck the officers resulting in documented injuries, KMB attorney negotiated a single misdemeanor charge of resisting and no jail time.

After a three week trial and the jury's guilty verdicts in one of the few Foreign Corrupt Practices Act cases tried nationally, the court - fully informed of the facts-sentenced the client in this 14 million dollar foreign bribery case to 6 months in custody and home detention

In another state case involving a seizure of multiple pounds of marijuana in a large scale distribution case, KMB attorney obtained a settlement of no jail time and return of all seized property including a $50,000 automobile, cash and jewelry.

In a federal child pornography case involving possibly the largest collection of child pornographic pictures and videos ever seized, KMB attorney negotiated a settlement that saved the client from a jail sentence, and resulted in home detention despite the sentencing guidelines, prosecutor, probation officer all pushing for a sentence of many years in prison.

KMB attorney represented a young man with multiple bank robberies.  Was able to demonstrate to the court the relentless abuse he received as a child and that he was coerced into the bank robberies by other family members.  Sentence of 21 months less than half of what the prosecutor requested.

Client faced several years in custody for possession of child pornography and use of Internet to induce minor to engage in sex. KMB attorney submitted extensive mitigation evidence to the Court and over government opposition obtained a sentence of 5 years probation.

Client was the leader of the medical marijuana movement in Southern California and one of the creators of the Compassionate Use Act. Prosecutor initially threatened to seek a twenty year sentence, but with KMB's representation client got full probation instead.

Client charged with over 50 counts of health care fraud, resulting in 40 million dollar loss. He cooperated with the government, and probation department recommended several years in jail. Based on KMB representation of his cooperation and post-offense rehabilitation, Court sentenced him to 3 years probation.

Client was facing 46-57 months for credit card fraud. Court decreased sentence to probation finding that the $3.5 million loss over-represented loss, because of substantial mitigation presented including that the client stopped using drugs, had baby in prison, got out, completed rehabilitation, got job and supporting herself and son.

Client pled guilty to bank robbery with a federal sentencing guideline range of 57-71 months. Court departed to no jail time and supervised release based on totality of circumstances and medical condition.

Client charged with bank fraud, and even though went to trial and was convicted, at sentencing got one year in a half-way house when facing over two years in prison.

Client was charged with fraud involving fraudulent loans for a sham used car business. Prosecutor requested five years in custody based on the amount of intended loss. Court sentenced to one year in prison due to KMB attorney's ability to refute the loss amount.

In a treaty transfer case, the client, an alleged drug courier, was sentenced to 25 years in Thailand for drug smuggling from Thailand. Client was transferred to United States pursuant to a treaty transfer, and client was re-sentenced, resulting in immediate release from custody.

Iranian client had a non-profit, helping Muslim individuals travel to Mecca. Other attorney represented him at trial, and client was convicted of tax fraud, naturalization fraud, and illegally setting up contracts with Iran. KMB was retained for the sentencing. Government sought prison term of 10 years. KMB attorney took over the case, demonstrated that the government misrepresented to the court the national security impact of the case, submitted declaration from witnesses in Kuwait and Iran, and client received 2 1/2 years in prison.