Attorneys

John P. Cannon

Highlights

  • Client facing federal charges for drug distribution while pregnant.
  • Potential sentence under federal guidelines could have been very harsh.
  • Cannon & Associates’ strategy focused on mitigating factors and the client’s story.
  • Client received a significantly reduced sentence compared to guidelines.

The Case

Recently, a Cannon & Associates client found herself in a world of trouble, stopped on an interstate with several pounds of meth & fentanyl, a lengthy criminal history, while pregnant. She was indicted in federal court for:

  1. Conspiracy to distribute 500 grams or more of methamphetamine and possession with intent to distribute 500 grams or more of methamphetamine in violation of 21 U.S.C. § 846.
  2. Possession with intent to distribute 500 grams or more of methamphetamine in violation of 21 U.S.C. § 841(a)(1) and § 841(b)(1)(A)(viii)

Background

Federal cases can begin with investigations by a federal law enforcement agency, FBI, DEA, ATF, etc., or the first step may be an arrest if law enforcement believes that they have probable cause. It’s important to retain counsel as early as possible in federal cases because they tend to move swiftly. When a prosecutor believes they have enough evidence to charge a suspect, they present it to a grand jury. Grand juries are made up of approximately 16-23 members. Their proceedings can only be attended by specific persons. For example, witnesses who are compelled to testify before the grand jury are not allowed to have an attorney present. At least twelve jurors must agree to issue an indictment. Generally within 48 hours after a defendant is arrested or charged they are brought before a magistrate judge, informed of the charges against them, and the judge decides on granting bail. Next is the discovery process where counsel gathers evidence, interviews the client and witnesses, and begins preparing a defense. If a client is seeking trial or a preliminary hearing is advantageous for pretrial motions, then it is the next step. At the preliminary hearing, the prosecutor must show that enough evidence exists to charge the defendant. If the defendant decides to plea, the preliminary hearing is usually waived and a sentencing hearing is scheduled. After a preliminary hearing, a trial is scheduled. The trial is a structured process where the facts of a case are presented to a jury, and they decide if the defendant is guilty or not guilty of the charge offered. Guilt must be proven beyond a reasonable doubt. If a defendant is found guilty then a sentencing hearing is scheduled.

Our Result

A federal sentence >40% lower than the recommended sentencing guidelines.

The Federal Sentencing Process

After a defendant is convicted a federal probation officer typically conducts a pre-sentence interview of the defendant. At the pre-sentence interview, the probation officer may ask questions about a wide variety of matters concerning the defendant’s offense or offenses of conviction and related uncharged criminal conduct, criminal history, personal history (including family history and substance abuse history), financial circumstances, and numerous other issues potentially related to the court’s sentencing decision. After conducting the pre-sentence interview the probation officer prepares a pre-sentence report (PSR). PSR contains information about the offense, offender, statutory range of punishment, and a calculation of the relevant sentencing guidelines (with a corresponding guideline sentencing range), as well as any bases that may exist for imposing a sentence outside of the applicable range. After the PSR, defense counsel submits a sentencing memorandum. A sentencing memorandum is defense counsel’s arguments for a lighter sentence based on the 18 U.S.C. 3553(a) factors to be considered by the court.

Those factors are:

  1. the nature and circumstances of the offense and the history and characteristics of the defendant;
  2. the need for the sentence imposed to reflect the four primary purposes of sentencing, i.e., retribution, deterrence, incapacitation, and rehabilitation;
  3. the kinds of sentences available (e.g., whether probation is prohibited or a mandatory minimum term of imprisonment is required by statute);
  4. the sentencing range established through application of the sentencing guidelines and the types of sentences available under the guidelines;
  5. any relevant “policy statements” promulgated by the Commission;
  6. the need to avoid unwarranted sentencing disparities among defendants with similar records who have been found guilty of similar conduct;
  7. the need to provide restitution to any victims of the offense.

Next is the sentencing hearing. At the sentencing hearing a district court must allow the defendant and counsel for both parties — and, in appropriate cases, victims — to provide additional input before a sentence is imposed. Furthermore, in the court’s discretion, it may allow the parties to call witnesses and present evidence about disputed facts or other matters (e.g., mitigating or aggravating factors).

Our Strategy

Our initial approach to every case is to look for dismissals whether by procedure, such as a suppression motion, or through a trial. If the facts don’t allow for a dismissal, we advocate for the best sentence, as we did for this client. We obtained the best outcome by telling her story. Ron, her lead counsel, read a book to learn storytelling techniques and applied them in the client’s sentencing memorandum & hearing. By incorporating the client’s story into the sentencing factors the judge was able to make a decision based upon the entirety of the client, not just a few mistakes. After the hearing judge commented that he found that approach refreshing as opposed to the clichéd strategy of shoehorning allegations from the charges into the sentencing factors.

Conclusion

This Cannon & Associates client has already begun taking the steps to be a caring mother for her children despite her past mistakes. Fortunately, we were able to ensure she receives that opportunity. Each client is different. The approach, strategy, and outcome differ for each case. But the creative advocacy, tenacity, and zeal of Cannon & Associates never change.