Federal Sentencing
Nathans & Biddle LLP has earned a national reputation for its expertise in the area of federal sentencing. The firm frequently consults and serves as co-counsel with other attorneys on sentencing matters and/or handles the sentencing phase of cases tried by other attorneys. Larry Nathans was the Chairman of the ABA White Collar Subcommittee on Federal Sentencing (1999-2006) and a past Vice-President of the National Association of Criminal Defense Attorney's Sentencing and Post-Conviction Committee. He is also a member of the Practitioner's Advisory Group to the Federal Sentencing Commission. Mr. Nathans lectures extensively at national federal sentencing conferences, including serving as the moderator of the sentencing panel at the ABA White Collar annual seminar. Larry Nathans has also authored a publication devoted to techniques to achieve sentence reduction.
Although past successes are not necessarily predictors of future results, since the early 2005 Supreme Court decision in Booker, Nathans & Biddle attorneys have received sentences below the final Federal Sentencing Guideline range, based on downward departures and/or the factors set forth in 18 U.S.C. § 3553(a) in cases not involving cooperation with law enforcement, for almost every sentenced client.
Two landmark rulings from the Supreme Court in December, 2007, mean that more than 10,000 current federal inmates may be able to seek new relief, and possibly release, from their sentences. Those decisions are Kimbrough v. United States, and Gall v. United States. In addition to these decisions, which involve crack and power cocaine sentencing disparities, a vote by the United States Sentencing Commission also opens the door to possible sentence reductions by making certain provisions retroactive. For additional information, please contact our office and click on the links below.
Baltimore Sun
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Successes following the 2005 United States Supreme Court Booker/FanFan Decisions:
In June, 2008, a Baltimore United States District Judge granted a five- level downward departure for diminished capacity, for a client who embezzled $1.4 million over twelve years, and sentenced client to eighteen months imprisonment.
In January, 2008, a Baltimore Federal Judge rejected the Government's five-year sentencing request and sentenced our client to eight months incarceration.
In May 2007, Baltimore Federal criminal structuring charges dismissed and federal tax loss lowered resulting in significantly reduced sentence for former owner of adult entertainment and vending machine businesses.
In October, 2006, a Washington, D.C., United States District Judge granted a defense downward departure (for age and health) from the Federal Sentencing Guidelines and sentenced client to home detention in lieu of imprisonment. The case involved the client accepting a bribe in return for approving the awarding of a Department of Education contract.
In September, 2006, Greenbelt Federal Criminal Bankruptcy charges were dismissed and a plea entered to misprison of a felony, thereby avoiding a sentence of incarceration. Client was sentenced to a year probation and a $2,500 fine.
In August, 2006, Baltimore Federal passport application fraud charges were dismissed. Client’s guilty plea to a misdemeanor charge avoided incarceration and solved immigration concerns.
Sentence eight levels below Presentence Report recommendation as the result of defeat of two point enhancement and downward departure of six levels based upon unique facts of the case that made two separate specific offender enhancements, amounting to six points, over-representative of typical harm intended to be punished.
Racketeering (RICO) and other charges dismissed for alleged mastermind of international narcotics dilutant importer; client plead to three year paraphernalia charge despite fact that alleged underlings received sentences up to twenty-five years of prison.
Sentence below the guidelines for former Executive Director of Maryland/Virginia non-profit company in an embezzlement case.
Substantial sentence below the guidelines, in post-Booker case, for seller of large number of properties in Baltimore mortgage "flipping" case.
Downward departure in Baltimore federal embezzlement case reducing sentence by 50% for bank manager based on a number of factors unrelated to cooperation.
Post-Booker sentence of 30 days in community confinement center, followed by 5 months home detention in a $6 million dollar Akron, Ohio, security fraud case.
Recent other successes related to federal sentencing guidelines matters include:
Substantial downward departure, not related to cooperation, in Greenbelt federal internet crime case - resulted in a sentence of home detention rather than imprisonment.
Substantial family circumstance downward departure for attorney in a Baltimore federal criminal mortgage "flipping" case - resulted in a sentence of home detention despite the fact that cooperating witnesses against him received sentences from 17-36 months.
Substantial community service downward departure for physician in Greenbelt federal medicare fraud case from imprisonment to home detention.
Grant of habeas corpus and awarding of significant downward departure to home detention for CEO charged with bribery of national company in Atlanta federal minority set aside prosecution.
Successfully fought "Grouping" enhancement which made client eligible for non-imprisonment sentence in Greenbelt federal criminal case.
Persuaded Baltimore federal jury to decline to impose a death sentence after four month multiple murder trial.
Federal death penalty notice dismissed and sentence reduced to 10 years imprisonment after plea to second degree murder and downward departure of over 20 levels based on defendant's mental state at time of murder.
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