21 USC § 846, 841 Conspiracy to Distribute and Possession with Intent to Distribute XLR-11 (Spice / Synthetic Marijuana)
37 – 46 months imprisonment
Probation. At a contested sentencing that lasted nearly three hours, attorney Bower Rodriguez pointed at and successfully argued that the other two codefendants, who were present in court at the same time, took advantage of our client by exploiting his drug addiction and lack of any criminal record. The government wanted our client to go to prison and objected to the probation sentence as an unreasonable 8-level downward variance from the sentencing guidelines that recommended prison. The other two codefendants were not so lucky and received prison time, one of whom walked in wearing street clothes and left in shackles escorted by the US Marshal’s Office to jail. Our client walked out of the same door that he entered … the front entrance and the door to freedom.
|USA v MC
|District Judge Merryday
|18 USC § 1344, 1349 Conspiracy to Commit Bank Fraud, 18 USC §§ 1014 and 2 Loan and Credit Application Fraud
|Probation. Our client was arrested nearly 10 years after commission of the crime, yet the government just barely made the statute of limitations. Since committing the crime our client was a model citizen and had not so much as gotten a speeding ticket. Attorney Bower Rodriguez effectively advocated for her at sentencing, pointing out to the judge how well she had done for herself living a life free of crime while under no court supervision. Her ex-husband was the ring leader for the conspiracy to fraudulently qualify for mortgages, purchase property and then re-sell at profits to the tunes of millions of dollars. The government agreed to allow our client to plead guilty to one single real estate transaction and an associated loss of only $135,000, which was less than the full value of the mortgage and not the full loss of millions of dollars involved in the conspiracy. Attorney Bower Rodriguez successfully argued that the hammer of prison was not necessary regardless of what the United States Sentencing Guidelines recommended. The Court agreed and granted a downward variance of over three years.
|USA v WS
|U.S. Middle District of Florida, Tampa Division, Judge Merryday & Magistrate Judge Wilson
|Possession of a Firearm and Ammunition by an Illegal Alien [18 U.S.C §§ 922(g)(5) and 924(a)(2)]
|3-level downward variance and sentence of 15 months imprisonment. Our client was an illegal alien who sold drugs and guns to an undercover federal agent. Originally the guidelines calculated to 108 – 120 months imprisonment however Mr. Bower obtained a downward variance and outcome of much less time based upon 18 USC 3553(a) mitigation factors.
|USA v CC
|U.S. Middle District of Florida, Tampa Division, Judge Merryday & Magistrate Judge McCoun
|Conspiracy to Distribute 1000 Kilograms or More of Marijuana
|Probation.Our client hired our firm within hours of arrest and attorney Mr. Bower successfully negotiated with the federal prosecutor to file reduced charges, which removed the 10-year mandatory federal prison sentence and gave the federal judge the authority to sentence our client to probation.
|USA v. FB
|U.S. Middle District of Florida, Tampa Division, Judge Hernandez Covington & Magistrate Judge Jenkins
|Tax Fraud and Aggravated Identity Theft
|Plea to 2-year maximum.Despite repeated requests and pressure by the feds for cooperation, our client had no interest in doing so, however, the evidence against our client was overwhelming to include a video taped close up of our client caught in the act. Our legal team was tasked with the difficult job of declining offers to cooperate while negotiating a favorable plea agreement. The end result is that attorney Tim Bower Rodriguez negotiated a plea that resulted in a plea of guilty to one sole count of aggravated identity theft related to tax fraud, voluntary self-surrender, and eligibility for a halfway house after only one and a half years confinement.
|USA v. AR
|U.S. Middle District of Florida, Tampa Division, Judge Kovachevich & Magistrate Judge Jenkins
|Sale of unregistered firearms and silencers
|No further charges.Our client went into hiding after we negotiated a voluntary surrender and unopposed bond motion. U.S. Marshals apprehended our client after no client contact with our law firm for nearly two years. Despite the mishap, we negotiated a plea agreement that included capping the federal prison sentence to 5 years imprisonment, with no additional penalties for fleeing or obstructing justice.
|USA V. RJ
|U.S. Middle District of Florida, Tampa Division, District Court Judge Hernandez Covington & Magistrate Judge McCoun
|Plea to reduced charge.Our primary argument for plea negotiations was that the Government’s evidence was weak – including the fact that the government’s own confidential informant was a lying drug addict who entrapped our client leading him to believe that he was kidnapped in Colombia. Interestingly, the time frame of the case was the same time that the DEA sex parties were occurring in Colombia. The Government agreed to reduced the drug trafficking criminal conspiracy charge that required a 120 month minimum mandatory prison sentence to a charge that had no minimum mandatory and a guideline starting point of approximately 39 months.
|USA v. JC
|U.S. Middle District of Florida, Tampa Division, Judge Bucklew & Magistrate Judge Pizzo
|Conspiracy to Distribute 50 grams or More of Methamphetamine
|PSR objections sustained. The first draft of the pre-sentence report labeled our client as a leader and not safety valve eligible. After legal objections and legal argument by attorney Tim Bower Rodriguez, the Court imposed a sentence that was 55% less than the original PSR and United States Sentencing Guidelines.
|USA v. EM
|U.S. Middle District of Florida, Orlando Division, District Court Judge Conway & Magistrate Judge Baker
|Conspiracy to Distribute Controlled Substances
|PSR objections sustained. The first draft of the pre-sentence report labeled our client as a career offender and recommended an approximate 1-year prison sentence. We thoroughly researched the basis for the career offender designation and discovered that the probation office had mis-interpreted the state case records qualifying our client as a career offender. After legal objections and legal argument by attorney Tim Bower Rodriguez, the Court imposed a sentence that was 66% less than the original PSR and United States Sentencing Guidelines.
|USA v. CQ
|U.S. Middle District of Florida, Tampa Division, Judge Moody & Magistrate Judge Porcelli
|Armed Drug Trafficking & Possession of a Firearm by a Convicted Felon
|3553(a) variance granted. The Court gave a sentence reduction based upon an 18 USC 3553(a) variance argument presented by attorney Tim Bower Rodriguez. Instead of imposing a 63-month sentence as recommended by the United States Sentencing Guidelines, the Court imposed a 17-month sentence.
|USA v. JD
|U.S. Middle District of Florida, Tampa Division, Judge Moody & Magistrate Judge Wilson
|Healthcare Fraud and Medicare Fraud
|6 months in work camp. Our client originally faced 6 years of consecutive mandatory minimum prison sentences. Based upon our thorough negotiations, the Government agreed to dismiss the counts of the indictment that required consecutive prison sentences. After a contested sentencing that involved two days of evidentiary hearings, the Court agreed with attorney Mr. Bower and reduced the loss value from $600,000+ claimed by the Government to nearly $100,000, granted our downward variance, and imposed a six month work camp sentence.
|USA v. HM
|U.S. Middle District of Florida, Tampa Division, Judge Moody & Magistrate Judge Pizzo
|Conspiracy to Distribute 22,000+ Pounds of Marijuana
|81-month downward variance granted. The Court agreed with attorney Tim Bower Rodriguez’s argument regarding a sentence reduction based upon an 18 USC 3553(a) variance related to over-representation of criminal history, the need to avoid unwarranted sentencing disparities, and our client’s personal characteristics. Instead of imposing a 151-month sentence as recommended by the United States Sentencing Guidelines, the Court imposed a 70-month sentence.
NOTE: The above case results are a small sample of results obtained by attorney Tim Bower Rodriguez. Additional case results wherein our law firm obtained not guilty trial verdicts, appellate convictions and sentence reversals, sentence reductions, United States sentencing guidelines downward departures, downward variances pursuant to 18 USC 3553(a), are available upon request.