Case, Staff, DREAM, Client
News & Civics Day!
Case News:
CJA client, who was sentenced in 2010 to a combined 517 months in prison for his role as the leader of a 2006 military-style takeover of a Tacoma bank, as well as for assaulting a cooperating defendant while in custody and soliciting the murder of the AUSA on his case, had his sentence reduced to 372 months by Judge Robart.
Mr. S. filed an unusually lengthy, detailed, and compelling pro se motion for sentence reduction, focusing on the trauma he experienced as a youth and while in the military (he joined the military at 17 and served in high profile combat roles in Iraq and Afghanistan, later recruiting his fellow soldiers to plan and execute the robbery), his youth at the time of the offenses (20 and 21 years of age), and his extraordinary rehabilitation while in prison. I assisted him by drafting his reply brief and resentencing brief.
Mr. S. presented compelling documentation, in the form of letters of family, friends, supporters, employees within the Bureau of Prisons, and his own reflections on his conduct and efforts at rehabilitation, that he had been successfully rehabilitated. In particular, Mr. S. distinguished himself by his participation in the “Challenge Program” at his BOP institution (FCI Coleman II) and his mentorship and care for other inmates, including his volunteering to help those on suicide watch.
Judge Robart ruled that none of the factors cited by Mr. S. were sufficient, individually, to justify a sentence reduction, but that taken together, they constituted “extraordinary and compelling circumstances”: “The effects of youth and childhood trauma on cognitive development have become better understood since Judge Burgess and the undersigned originally sentenced Mr. S., and Mr. S.’s substantial accomplishments during his incarceration show that he has risen above his traumatic past and has profoundly changed since he last appeared before the court. These factors together lead the court to conclude that a reduction in Mr. S.’s sentence, consistent with the 18 U.S.C. § 3553(a) factors, is warranted in this case.” 09-436, dkt 33, at 17-18.
Judge Robart, after issuing the above order, scheduled a resentencing hearing, at which several victims of Mr. S.’s robbery addressed the court and the government opposed any sentence reduction for Mr. S. We requested 240 months, which would have left Mr. S. about two years to serve. Judge Robart ultimately split the difference and resentenced Mr. S. to 372 months. Congrats to Mr. S and his defense counsel David Hammerstad!
Judge Coughenour sentenced one of our youngest clients for attempting to provide material support to a terrorist organization (ISIS). This client’s offense was encouraged and facilitated by numerous FBI Confidential Human Sources. They preyed upon the client’s known and profound mental illnesses and other vulnerabilities. The guidelines called for a sentence of 20 years and the Government recommended a sentence of 15 years. Judge Coughenour rejected the call to have this young man spend all of his 20s in prison (and some of his 30s in prison) and imposed a sentence of 4 years. Seattle AFD Mohammad Hamoudi, First Assistant Corey Endo, Chief paralegal Patricia Stordeur, now-retired Seattle investigator Jennifer Davis, Tacoma investigator Stacey Brownstein, and many, many legal interns – Mustafa Alemi, Ayla Kadah, Abby Gellman, Arren Hernandez, and Cierra Phung-Marion -- worked together for this effort. Wonderful outcome for our client and amazing work by his defense team!
FPD case team wins no-jail, misdemeanor disposition for client!
The client was originally charged with felonies and the government alleged a very significant loss amount for which it would seek restitution. Tacoma paralegal Carolynn Cohn, Tacoma investigator Stacey Brownstein, Social Worker Daniel Potter-Engelskirger, Social Work Intern Haley Brunner, Legal Intern Tim Severance, and Tacoma AFD Becky Fish worked to challenge the government’s proof in the case, develop mitigating evidence, and support the client to overcome barriers in their life. The case team’s work led to a misdemeanor resolution and ultimately a probationary sentence with a restitution amount that was less than one-tenth of the amount originally alleged by the government. Great work by Fish and the defense team and a super outcome for the client!
Staff News:
Seattle AFD Colleen Fitzharris was featured on the podcast: Detroit Jo, talking about the criminal legal system and answering the question ‘Is Justice Blind?’
Have a listen here
DREAM News:
Two DREAM participants graduated in November!
TK had struggled with drug addiction and then found sobriety. With challenges, however, he relapsed and became involved in drug trafficking. He pleaded guilty to conspiracy to distribute controlled substances and faced a guideline range of 37-46 months. By the time he entered DREAM, he had been sober for more than a year and was working steadily. He continued to build upon this strong foundation over the course of the last year and his commitment to his sobriety and DREAM never wavered.
JS had pleaded guilty to wire fraud and was facing a guideline sentence of 8 to 14 months. At the time she started the program, she was in active addiction, living in her car, and unemployed. She found a great treatment provider, and that provider introduced her to a housing program. Over the course of the last year, she has maintained sobriety, established housing, found and maintained work, made regular restitution payments, and been a tremendous asset to the DREAM program, encouraging and inspiring other participants.
TK and JS graduated on November 18, 2022, and charges against the two were dismissed. We are so excited for what the future has to hold for them and grateful for what they gave to DREAM. Congrats to them both!
Client News:
Our client is making her own dreams come true after graduating from the Pastry Project and becoming employed by Macrina Bakery. Please have a look at this wonderful video that was made to show her journey and success. Congrats Rhonda and thank you to Darigold, The Pastry Project, and Macrina Bakery!
Civics Day!
