Cincinnati, Ohio. August 1, 2011 - NLPA is often contacted in cases where defendants who are
unsure as to whether to accept a plea offer. The instant case demonstrates how NLPA can assist
counsel in the preparation of research regarding the potential benefits and drawbacks of a plea
offer, thereby making the decision of whether to enter the plea much clearer and simpler. The
Defendant was charged with: conspiracy to possess with intent to distribute five kilograms or
more of cocaine in violation of 21 U.S.C. §§ 841(a)(1), (b), and 846; and conspiracy to commit
money laundering in violation of 18 U.S.C. § 1956(h). The government also filed a notice of
prior convictions pursuant to 21 U.S.C. § 851. As a result, The Defendant faced a mandatory
sentence of life incarceration if convicted. With his client facing such a harsh sentence, yet
lacking a viable defense to the charges, the Defendant's attorney, Matthew M. Robinson,
contacted NLPA to conduct research upon possible means to avoid a life sentence. NLPA did
note that a sentence below the statutory minimum could be obtained should The Defendant
provide substantial assistance to the government. 18 U.S.C. § 3553(e)-(f) provided authority to a
district court to sentence a defendant below an otherwise-applicable statutory minimum
sentence. The Defendant subsequently pleaded guilty pursuant to a plea agreement. Within the
agreement, the government agreed to move for a lesser sentence should the Defendant provide
substantial assistance in the investigation or prosecution of suspected criminals. The Defendant
proceeded to provide substantial assistance to law enforcement officials.
Prior to sentencing, the Defendant had second thoughts about his guilty plea, and discussed with
counsel the option of withdrawing his plea. Counsel then contacted NLPA, requesting research
upon the possibility of withdrawing a plea, as well as the potential benefits and drawbacks of
withdrawing the Defendant' plea. NLPA examined the factors that the court would review in
determining whether to permit a withdrawal of the plea, such as: (1) the amount of time that
elapsed between the plea and the motion to withdraw it; (2) the presence (or absence) of a valid
reason for the failure to move for withdrawal earlier in the proceedings; (3) whether the
defendant has asserted or maintained his innocence; (4) the circumstances underlying the entry
of the guilty plea; (5) the defendant's nature and background; (6) the degree to which the
defendant has had prior experience with the criminal justice system; and (7) potential prejudice
to the government if the motion to withdraw is granted. United States v. Bashara, 27 F.3d 1174,
1181 (6th Cir. 1994). Applying these factors to the Defendant, NLPA noted that The Defendant
had at least two prior felony drug convictions, meaning that in the Sixth Circuit, he would be
deemed to have prior experience with the criminal justice system for purposes of refuting any
claim that he was confused or did not understand the plea process. Further, the Defendant did
not offer any protestations of innocence. As such, NLPA believed that the Defendant would not
be permitted to withdraw his plea. Regarding the effects of withdrawing the plea, NLPA stated
that the Defendant would again be facing a mandatory sentence of life incarceration should he
successfully withdraw the plea. Fortunately, the Defendant chose not to attempt to withdraw his
plea. Instead, the Defendant continued to cooperate with law enforcement officials. At
sentencing, the government moved for a reduction to the Defendant's sentence based upon the
cooperation given. The Defendant received a sentence of 235 months incarceration, a far cry
from the statutory mandatory penalty of life incarceration.
About National Legal Professionals
National Legal Professional Associates was founded in 1986 upon the belief that individuals
challenged by the judicial process deserved the highest quality legal representation possible.
NLPA is a technical consulting firm dedicated to the professional objective of providing criminal
defense, legal counsel, research, and related work product to members of the Bar. From
challenging the procedural mechanisms of imposing a statutory sentence to arguing the lack of
factual support for sentencing enhancements to presenting mitigating arguments, NLPA has been
at the forefront of attacking insidious and unfair sentences. Should your clients find themselves
in similar situations to the Defendant, NLPA stands ready to assist you in the research and
preparation of any motions and/or research necessary to assist you in the vigorous defense of
your clients..
Contact Info:
National Legal Professional Associates
Margaret A. Robinson Advocacy Center
11331 Grooms Road, Suite 1000
Cincinnati, OH 45242
(Phone) 513-247-0082 / (Toll Free) 1-866-663-7440 / (Fax) 513-247-9580
(Email) contactus@nlpa.com / (Web) www.nlpa.com
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