Mission Impossible - Atlanta, Georgia - The run continues

Mission Impossible

The Date: February 3, 2009

The Scene: United States District Court, Atlanta, Georgia

The Mission: Get a probationary sentence for a career offender involved in an internet pharmacy conspiracy.

The results: Downward Variance of 8 levels. Three years probation. One happy client.

Over the past couple of weeks, I have been working on the AUSA in an effort to secure his assistance in getting the District Court to grant a probationary sentence. Leading up the the sentencing, I continued to discuss probation with the Assistant U.S. Attorney. Never got him to agree with me, but never figured he would come right out and say so.

Friday before sentencing. Client is getting nervous now. I am finally finished with my sentencing memo. I have 6 letters from the client's employers, mother, girlfriend and drug rehab graduate counselor. I have brand new U.S. Supreme Court law (Nelson Read more... and Spears Read more...) which I am hoping will convince the Judge to he can put my client on probation despite the impossible odds. The problem is that my client has 3 prior drug distribution/conspiracy convictions. He is looking at a sentence of between 3 1/2 and 4 years in prison. No wiggle room under the United States Sentencing Guidelines.

Knowing where to fight the battle is the biggest part of winning the war. I chose not to fight the guidelines. Instead I focused my attention and all of my efforts on winning the battle over the sentencing factors contained in the U.S. Code. By focusing on the law, I was able to cut the probation officer out of the equation and limit her input in the process. I was also able to get the prosecutor to agree with each and every point I made about my client's very limited involvement and lack of financial gain. Finally, I was able to focus on the amazing transformation that my client had been through. From a broke and homeless drug addict to a clean, sober, manager at one of the biggest dealerships in the city. After getting the general manager and owner/partner to advocate and testify during the sentencing hearing, I knew things were starting to shift in our favor.

By the time I finished with my argument for a probationary sentence and the AUSA essentially seconded my argument there was little else the Judge could do.

In what was discribed as "a scene out of a movie" the Judge granted my motion for a downward variance. After moving downward in the sentencing guidelines by 8 levels, the judge placed my client on probation for a period of 3 years. You could have heard a pin drop in the courtroom before the Judge finally imposed sentence.

As my client perfectly stated, the sentencing was a MIRACLE. Based on the steep odds facing us when we walked in that afternoon. I would tend to agree. Another great result.