Tampa Federal Criminal Lawyer
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Federal Jury Finds O’Brien Bower Client
Not Guilty of Conspiring to Distribute 100 or More Marijuana Plants
and Possession With Intent to Distribute 100 or More Marijuana Plants.
A federal jury in Ocala, Florida took little over two hours to find
O’Brien Bower client and Cuban immigrant, Eduanny Cruz-Alvarez,
not guilty of conspiring to distribute 100 or more marijuana plants
and not guilty of possession with intent to distribute 100 or more
marijuana plants. A guilty verdict in the three day trial would have
brought a five year minimum mandatory sentence. Instead, a federal
jury found Eduanny Cruz-Alvarez not guilty of being a part of a Cuban
drug smuggling ring that began in Miami, Florida and expanded into
the greater Ocala, Florida area.
Federal Drug Charges Dismissed against O’Brien Bower
client.
A federal judge granted a motion to dismiss all charges as to O’Brien
Bower client Vincent Henry. Despite originally being charged in a
multi-defendant cocaine and marijuana smuggling operation along with
co-defendants ranging from Arizona to Florida, a federal judge dismissed
all charges against Mr. Henry on June 19, 2008.
Federal Jury Finds O’Brien Bower Client Not Guilty of
Two Counts of Armed Bank Robbery and Possessing a Firearm During
the Commission of a Bank Robbery.
A federal jury in Fort Myers, Florida deliberated for one and a
half days before finding Robert L. Blango not guilty of robbing two
banks with a firearm in the greater Fort Myers, Florida area. Despite
the testimony of two co-defendants who testified for the government
that the individual in the bank surveillance video was Mr. Blango
(each testified he was the other individual in each two person robbery),
a recovered gun matching the gun used in the bank surveillance video
and recovered stolen American Express travelers checks matching those
stolen from one of the banks containing Mr. Blango’s fingerprints,
recovered clothing matching the clothing in the bank surveillance
tape containing Mr. Blango’s DNA that was recovered in a bag
buried underneath a tree outside of Mr. Blango’s home, and
purported confessions attributed to Mr. Blango about his involvement
in these and other robberies from his co-defendants turned government
witnesses and other government witnesses, the jury acquitted him
of four counts in the indictment. The government called over 55 witnesses
during the nearly month long trial. Mr. Blango did not call any witnesses.
The case was covered by all of the major newspapers and television
stations in the greater Fort Myers, Florida area. A conviction on
the indictment would have resulted in 130 years or more of federal
prison.
Federal Jury Finds O’Brien Bower Client Not Guilty of
Conspiring to Distribute 110 Pounds of Cocaine and $850,000 of Counterfeit
Money.
A federal jury in Orlando, Florida took little over one hour to
find O’Brien Bower client, Tristan Smith, not guilty of conspiring
to distribute 50 or more kilograms of cocaine and $850,000 of counterfeit
United States currency. Despite the testimony of a confidential informant,
a co-defendant turned government witness, government agents from
the DEA and United States Secret Service, along with audio and video
taped evidence of the alleged transaction, Mr. O’Brien convinced
the jury of twelve that his client was not guilty of the above charges.
Federal Trial Results in a 'Hung Jury'
as to Whether O’Brien
Bower Client Possessed a Firearm as a Convicted Felon and Possessed
Crack Cocaine.
A federal jury in Tampa, Florida spend two days deliberating
but could not reach a verdict as to whether O’Brien Bower client,
Renaldo J. Lewis, possessed a firearm while being a convicted a felon
and possessed crack cocaine. A guilty verdict in the three day trial
would have brought at least a fifteen year minimum mandatory sentence.
Instead, the judge declared a mistrial as the trial ended in a "hung
jury".
O’Brien Bower Obtains Probation
for Extradited Client Facing a Minimum Mandatory Penalty of 15
years to Life in Prison in the Supreme Court in the State of New
York.
On August 13, 2003, Pedro A. Ferreiras was indicted by the People
of the State of New York for selling cocaine to an undercover New
York State Police Officer. Mr. Ferreiras was arrested in Tampa, Florida
by the Hillsborough County Sheriff Office pursuant to a State of
New York warrant and ordered extradited by then Florida Governor
Jeb Bush pursuant to an Order signed by then New York Governor George
Pataki. Mr. Ferreiras retained attorney Mark J. O’Brien to
represent him in these extradition proceedings and in his pending
criminal case in New York. Mr. Ferreiras stood accused of an A1 felony
carrying a penalty of a minimum mandatory punishment of fifteen (15)
years to a maximum punishment of life in prison.
After months of litigation, on October 12, 2004, Mr. Ferreiras received
a sentence of probation.
Accused Columbian Cocaine Conspirator Receives a Sentence
of Approximately Three Years After Sentencing Hearing
Columbian citizen Archibold A. Whitaker was charged by the United
States of America in a two count, multi-defendant federal indictment
of conspiring to possess and distribute 2.18 tons (1980 kilograms)
of cocaine. Mr. Whitaker pled guilty to count two of the indictment.
The United States Probation Office recommended in Mr. Whitaker’s
Pre-Sentence Investigation Report (PSI) that he be sentenced to 135
months (11 years, 3 months) to 168 months (14 years) in federal prison
for this offense. Attorney Mark J. O’Brien immediately filed
written objections to this recommended sentence and a sentencing
hearing was scheduled.
At Mr. Whitaker’s sentencing hearing, Mr. O’Brien successfully
argued for a Minor Role designation pursuant to USSG Section 3B1.2.
Pursuant to USSG Section 2D1.1(a)(3), Mr. Whitaker’s base offense
level was set at 30, instead of 38. Further, Mr. O’Brien the
won a combined eleven level reduction in base offense level for Mr.
Whitaker. Instead of receiving 14 years in prison, after a 90 minute
hearing, Mr. O’Brien convinced United States District Court
Judge James S. Moody, Jr. to sentence Mr. Whitaker to only 46 months
in federal prison. Combined with his time already served and ‘good-time’ credit,
Mr. Whitaker is projected to return to his family and friends in
Columbia in just over 3 years.
Circuit Court Judge Frees O’Brien Bower Client of Twelve
Year Prison Sentence
In March of 2003, David Williams was sentenced to twelve (12) years
in the Florida State Prison for violating his sexual offender community
control for the seventh time. Mr. Williams retained attorney Mark
J. O’Brien to try and mitigate his twelve (12) year prison
sentence. After conducting an independent investigation and compiling
relevant legal research, Mr. O’Brien scheduled a hearing before
Hillsborough County Circuit Court Judge Chet A. Tharpe. After an
hour long hearing in which Mr. O’Brien elicited testimony from
two witnesses and made legal argument, Judge Tharpe announced he
would rule on Mr. Williams’ request for mitigation at a later
hearing.
Approximately one week later, the Honorable Judge Tharpe announced
that he was suspending the remaining eleven years of David state
prison sentence, immediately releasing him from state prison and
later freed him of all remaining sanctions. Released from the remaining
eleven years his state prison sentence, Mr. Williams currently works
as an air conditioning technician and resides in Fort Lauderdale,
Florida.
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