Our client, while in Iraq, obtained a fully automatic AK-47 assault rifle. He then tried to fly back to the United States with the rifle in his bag. Homeland Security quickly arrested him at the airport for importation of an unregistered automatic weapon. After his arrest, while out on bond, he was arrested AGAIN for violating the terms of his Federal Pre-Trial Release by refusing to participate in drug screening and, ultimately, registering a dirty urine.
RESULT: Sentencing Guidelines for this offense in Federal Court require a mandatory minimum sentence of 18-24 months in prison and up to a $50,000 fine. In preparation for the sentencing hearing, our attorney conducted extensive legal research from cases across the country. Based upon this research, the attorney argued for a variance from the required prison sentence. Neither the probation officer nor the Prosecutor were in favor of a downward variance, and Federal Judges are most reluctant to grant them and do so only in rare instances. Nonetheless, our attorney was able to convince this Federal Judge to not only grant the variance and reduce the sentence, but refrain from ordering any jail or any fines whatsoever. Result: NO PRISON OR JAIL TIME, NO FINE, AND MINIMAL PROBATION!