Federal Drug Trafficking Offense, Mitigated Sentence!

Recently, in Federal court at the United States District Court-Central District of California, Mr. Escovar represented a client accused of Distribution of Controlled substances (a violation of 21 U.S.C. section 841(a)(1) et seq.) and for selling firearms (which would lead to a two level enhancement under USSG section 2D1.1(b)(1). His sentencing range began between 151-188 months of prison (i.e. approximately 15.5 years of prison at 85% actual time served). The client had no criminal history but since the evidence demonstrated that he possessed firearms while selling the controlled substances and that he sold various firearms during separate transactions, he was not eligible for the “Safety Valve” reduction which many first time offenders receive.

Nonetheless, Mr. Escovar prepared the “Position Paper” on sentencing which contained a great deal of mitigation. The Government and the Pre-Sentence Report recommended that the sentenced be enhanced because of the firearms sales. Fortunately, Mr. Escovar was able to persuade the judge to reduce the sentence to 121 months (i.e. 10 years and one month). The statutory minimum was 120 months and he was facing 188 months (15.5 years). This was an excellent result given the egregious conduct the quantity of drugs sold, the numerous transactions and the nature of the weapons sold.

In addition the judge agreed to recommend the RDAP Drug Rehabilitation Program which likely will further reduce our client’s sentence. Lastly, the judge recommended that our client serve his time in Southern California so that he could be close to his family. Mr. Escovar’s advocacy lead to a sentence reduction of more than five years, that is exceptional in a federal case.