United States v. Abel Chacon
United States v. Michael Bowman 3:17-cr-00068-MO
Since at least 1999, Mr. Bowman has refused to pay federal income taxes because the government uses his taxes to support abortion in violation of his religious rights under the First Amendment and the Religious Freedom Restoration Act. I filed three substantial motions to dismiss including a Motion to Dismiss for Failing to State and Offense under 26 USC § 7201 which argued that Mr. Bowman’s action in cashing his own W-2 or 1099 income checks at his own bank account held in his own name could not be felony tax evasion under § 7201. The Court granted the motion and dismissed the felony tax evasion count. The government later confirmed it would not seek any felony charges against Mr. Bowman.
United States v. Fred Allman 3:13-cr-00559-HZ
I was the fourth attorney to represent Mr. Allman in a bankruptcy fraud case with facts dating back to 2008. After being unable to find evidence of mail or wire fraud, the government charged him with bankruptcy fraud under 18 USC §152. The defense focused on the fact that Mr. Allman did not have an interest in the property since it was titled in his wife’s name consistent with an estate plan. Therefore everything he said in his bankruptcy petition was true. After an extensive investigation identified serious issues with the United States Trustee’s management of the bankruptcy estate, the government backed off a previous offer of 30 months in jail and provided a plea offer involving no jail whatsoever. Mr. Allman on the advice of counsel rejected that offer in a Plea Rejection Letter and Discovery Demand. The government responded by dismissing the case which it had pursued for more than four years.
United States v. Ammon Bundy et al 3:16-cr-00051-BR
Represented Kenneth Medenbach against criminal charges he faced in the armed take over of the Malheur National Wildlife Refuge in Harney County, Oregon. The nearly two month stand off between militias and the FBI ended with the death of Lavoy Finicum and the prosecution of 26 people including Mr. Medenbach. Mr. Medenbach, who was arrested driving a truck belonging to the Wildlife Refuge, was found not guilty of Conspiracy to Impede Federal Employees through Threat, Force, or Intimidation and also found not guilty of theft for taking the government truck.
United States v. Douglas Lyons Jr 3:14-cr-00058-MO
The federal government charged Mr. Lyons with being a felon in possession of a firearm under 18 USC §922(g). A search warrant was served at his home and an unloaded pistol found in his dresser. Because of his criminal history he was eligible for the Armed Career Criminal Act. That federal sentencing statute mandates a 15 year minimum sentence. Mr. Lyons’s second attorney and the government negotiated a plea agreement and Mr. Lyons to pleaded guilty and agreed to serve ten years in federal prison.
I volunteered to represent Mr. Lyons when his prior counsel became seriously ill. When I took over I aggressively attacked the quality of the representation Mr. Lyons previously received. There were serious problems with both of his prior attorneys. I dissected the more than 20,000 pages of discovery to show that the government had seriously failed to meet its discovery obligations and therefore his prior lawyers could not have adequately vetted the case before Mr. Lyons’s guilty plea. The government conceded he could withdraw his plea.
Instead, I used the leverage created by the right to withdraw the guilty plea and combined it with legal arguments about the lack of probable cause for the search. I added a comprehensive mitigation package and ultimately forced the government to revise the plea agreement such that: (1) Mr. Lyons could advocate for time served; (2) the government would argue for the low end of the Guideline Range, after additional concessions regarding the Sentencing Guidelines, which was 37 months.
Despite his record and the charge, Mr. Lyons was in fact an extraordinary example of a person who grew up in a world of violence and somehow survived to be an outstanding father and husband. He was fully employed for more than 2 years when we appeared before Chief United States District Court Judge Michael W. Mosman for sentencing. The government advocated for a return to prison but the judge rejected it. Mr. Lyons walked out of federal court after receiving a sentence of time served. His rehabilitation continues today…
United States v. Hoa Nguyen 3:15-cr-00026-SI
Mr. Nguyen and seven co-defendants were charged with participating in a Money Laundering Conspiracy involving the proceeds of illegal gambling. This case was a classic federal government overreach. Mr. Nguyen met a co-worker who introduced him to an internet gambling website and sports book. Mr. Nguyen and his family had accounts and would gamble on NFL games.
Because Mr. Nguyens’ long time employer would fire him if he received a felony conviction, I held out for nearly two years demanding either a misdemeanor or diversion. As we prepared for trial, I filed a substantial Motion to Dismiss. I argued that they had to prove that Mr. Nguyen knew the gambling site was illegal. Since the government could not prove that the site was illegal in the first instance there was no way to meet its burden of proof as to Mr. Nguyen’s knowledge of illegality. The government contacted me and said it was persuaded by my motion that it could lose at trial. It offered a diversion disposition which would allow the case to be dismissed after 12 months of probation. I demanded that the supervision be reduced to 6 months and we reached an agreement. Mr. Nguyen kept his job and all the charges were dismissed.
United States v Paul McClendon 13:12-cr-00392-MO
Mr. McClendon is a fourth generation Southern Oregon logger and heavy equipment operator who had fallen on tough times. He made the unfortunate mistake of contacting someone he had met years before in jail to broker a methamphetamine transaction. That individual was at the time the subject of a DEA wiretap because of his extensive drug trafficking activities. One controlled transaction and Mr. McClendon was in deep trouble facing a 20 year mandatory minimum because of his record.
Despite the presumption of detention, I was able to overcome that to win his release. During nearly two years on release, Mr. McClendon performed extremely well. Because of unseasonably warm temperatures, he worked through two winters in the mountains for the first time. He was a caregiver to a completely bedridden former logger and friend who could not care for himself. People I identified described him outstanding contributor to the community. I assembled a comprehensive mitigation portfolio including a video from the wilderness outside Crater Lake showing Mr. McClendon operating a $1 million logging machine. We had numerous testimonials but none more important than his employer who described Mr. McClendon to the court as indispensable. The government was persuaded to waive the mandatory minimum. I negotiated a plea agreement where Mr. McClendon would plead guilty to possession with intent to distribute only the amount of drugs involved in the single transaction. The government would be able to advocate the for the low end of the Federal Sentencing Guidelines, 26 months in prison, and I would be able to advocate for time served, effectively 1 day in jail, the day he was booked.
I submitted a substantial mitigation package to Chief Judge Michael Mosman prior to sentencing. More than 1000 days after he was charged, Mr. McClendon appeared in federal court to be sentenced. After a tear filled sentencing conversation between the Court and Mr. McClendon he heard the words he had been hoping for: “Time Served.” Mr. McClendon continues to be an important part of the Oregon economy by supplying the timber that builds our houses. I was able to obtain his early discharge from federal probation.
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