Joy J. Brinton, Nationwide, Federal Sentencing Help for Criminal Defense Attorneys

NEWS

	Supreme Court Recognizes Crack Cocaine Disparity *Kimbrough v. U.S., 128 S.Ct. 558 (2007)* The Supreme Court reversed the Fourth Circuit Appellate Court’s decision that the District Court abused its discretion when it sentenced defendant Kimbrough to a statutory 15 year minimum mandatory sentence. The sentence was 4.5 years below the advisory guideline sentence and based it’s departure in part upon the disparate nature between the crack and powder cocaine guidelines. Ginsburg delivered the opinion for the Court which determined that the district court’s sentence was appropriate and rationally reasoned and framed in accordance with 18 U.S.C. 3553(a), ’a sentence sufficient but not greater than necessary.’ The opinion sites the U.S. Sentencing Commissions recent November amendment which lowered the advisory guideline for crack cocaine noting the extreme disparity in the guidelines between powder and crack cocaine both of which defendant Kimbrough had conspired to distribute.

	Supreme Court Supports District Court Mitigated Sentence *Gall v. U.S., 128 S.Ct. 586 (2007)* The Supreme Court reversed the Eighth Circuit Appellate Court’s decision that the District Court abused its discretion in determining that defendant Gall’s 18 U.S.C. 2553(a) factors justified a downward departure to a sentence of straight probation rather than the 30-37 month incarceration recommended by the U.S. Probation Department. The opinion corrected the appellate court’s review of sentences by adding that a ‘due deference’ must be given to the district court’s decisions regarding sentencing, translating to more discretion at the district court level in determining what is ‘reasonable’ for each individual defendant.

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	MAP OF U.S. APPELATE DISTRICTS
Joy works in all circuits.

	TRACK RECORD
	After the Fight, There's Still the Decision! Regardless of whether you went to trial or have negotiated a plea, the fight is not over until sentencing! The decision of the Court is based upon the facts presented in the case. What record of mitigation have you established prior to sentencing on behalf of your client, the defendant? Under Gall, more judges than ever before are considering downward departures. HOWEVER, they must be proposed in a written brief prior to sentencing. Obtain the assistance of a federal sentencing expert to draft an excellent written brief, with case law support, to win the fight at sentencing. Accomplishments (PDF)

DEFENSE	PROSECUTION	SENTENCE
8^th Cir. - Drugs/Firearms	25 yrs.	12.5 yrs.
9^th Cir. - Drugs	25 yrs.	6 yrs.
9^th Cir. - Fraud	3 yrs.	House Arrest 18 mo.
9^th Cir. - Fraud	10 yrs.	House Arrest 12 mo.
9^th Cir. - Drugs	10 yrs.	3 yrs
9^th Cir. - Drugs/Firearms	15 yrs	6.5 yrs
8^th Cir. - Drugs	10 yrs	4 yrs
9^th Cir. - Fraud	6 yrs.	1 yr 1 day
9^th Cir. - Child Porn	5 yrs	1 yr 1 day no registration
9^th Cir. - Drugs	10 yrs	4 yrs.
9^th Cir. - Insider Trade	3 yrs	Community Svc.
9^th Cir. - Fraud	No Loss. Appeal Won.	Sentencing reduced to house arrest.
9^th Cir. - Drugs	Quantity – Manufacturing Appeal Won	7.5 yr Sentence Reduction
10^th Cir. - Drugs	Safety Valve Appeal Won	3.5 yr. Sentence Reduction
7^th Cir. - Fraud	37 months	1 yr 1 day
9^th Cir. - MDMA	80 months	30 months
9^th Cir. - Meth	151 months	97 months
9^th Cir. - C.Porn	41 months	24 months
9^th Cir. - C.Porn	57 months	1 yr 1 day
9^th Cir. - C.Porn	51 months	36 months

Who can benefit the most from a sentencing expert?

Defendants who have no mandatory minimum (MM) sentences under the statute.
Defendants who have 5K's to get them under the MM, and who have additional mitigating factors to compel the court to sentence significantly under the 'suggested' guideline range.
Defendants who have triggered the career criminal category under the guidelines BUT whose priors can be mitigated, thus avoiding the 25 year guideline sentence.
Defendant's who qualify for the first time offender 'safety valve'.

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JOY J. BRINTON

Résumé (PDF)

TESTIMONIALS

	Ms. Brinton, I must commend you on the exceptional brief you wrote. Frankly, I was not sure I would file a memorandum written by someone my client found on the internet. However, I must admit that I personally have never prepared anything as detailed, yet so concise. I was impressed by your writing ability which not only compelled the judge to mitigate my client’s sentence, but prompted him to exercise his discretion to reduce the sentence based upon the thorough review of case law. I look forward to working with you again. Good work!
	Criminal Defense Attorney – Middle District of Flordia
	Ms. Brinton, you have done an exceptional job at mitigating federal cases and this one is no exception. I only wish more defense attorneys would know of your services so that more defendants could benefit from your excellent mitigation work.
	United States District Judge – Central District of California
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ABOUT JOY J. BRINTON

Federal Sentencing Help’s main goal is to educate, consult, and provide paralegal services for Criminal Defense Attorneys. As a federal sentencing consultant, Joy Brinton combines thorough legal research, a sound individual mitigation strategy, and excellent written skills, which results in significant custody reduction for defendants as well as court room praise for defense counsel.
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SERVICES


Speaking Engagements/ Continuing Ed Seminars Defense Sentencing Memos Defense Sentencing Briefs Telephone Conferencing Rule 32 - Changes in PSR F.B.O.P. Designation Early Termination of Supervised Release Defense Appeal Memos on Sentencing Issues Defense Appeal Writing Services
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last updated 1/7/08

joy@fedsentencinghelp.com