Conviction Reversed
Federal Appeal — 20 Years Cut from a 34-Year Sentence
Cocaine & Heroin Distribution (Federal Indictment)7th Circuit Court of Appeals
Facts: The client was a street-level dealer who was added to a federal indictment on the allegation that he was part of a larger organized crime unit. When he was arrested, a gun was found in his vehicle. Under the strict sentencing guidelines then in place, he was sentenced to 34 years, 20 of them because of a mandatory minimum for "using" a gun in a drug trafficking crime. Attorney Birdsall argued the conviction and sentence were illegal because the statute was misconstrued to let the mere presence of a weapon count as "use." The 7th Circuit Court of Appeals reversed 4 of the 7 counts of conviction, including the section 924(c) count.
ResultConviction reversed in part; sentence reduced by 20 years.
Conviction Reversed · Not Guilty
Plea Reversed on Appeal — Not Guilty on Both Counts at Trial
2nd Degree Sexual Assault, Child EnticementEau Claire County
Facts: The client, then 18, was friends with a 14-year-old girl who had snuck out of her house to spend time with him. Police arrived while they were in the back seat of a car at a closed business, and an officer got the girl to say the client had touched her breasts. He was charged with 2nd degree sexual assault and child enticement. On the advice of his assigned public defender, he pled down to 3rd degree sexual assault, which would have required him to register as a sex offender for life. He left the courtroom that day not knowing exactly what had happened. We convinced the judge to reverse the conviction and set the case for trial, and after a diligent investigation he was found not guilty on both counts.
ResultConviction reversed on appeal. At trial: not guilty.
Conviction Reversed
Felony Conviction Reversed — "Apparent Authority" Search
Fourth Amendment SearchWalworth CountyWI Court of AppealsWI Supreme Court
Facts: The client's father-in-law allowed police to search the client's residence, a separate building on property the father-in-law owned. The client and his wife objected, but police relied on the father-in-law's permission. We argued that police had no right to search under the Fourth Amendment doctrine of "apparent authority."
ResultThe Wisconsin Court of Appeals agreed and reversed the felony conviction, and the Wisconsin Supreme Court upheld the reversal.
Order Overturned
Harassment Injunction Overturned on Re-Filed Appeal
Harassment Injunction AppealBrown County
Facts: The client had been fighting to overturn a harassment injunction. She first appealed on her own, without an attorney, and the appeal was denied.
ResultWe re-filed the appeal and got the injunction dismissed.
Early Release
Sentencing — Released Early, Parole Transferred Out of State
Pre-Truth-in-Sentencing SentenceKenosha
Facts: The client was a convicted felon serving a sentence under a pre-truth-in-sentencing law.
ResultThe client was released from custody early and his parole was transferred out of state.
Prior results do not guarantee or predict a similar outcome in any future case. Every case is unique and is evaluated on its own facts. The above are illustrative outcomes handled by Birdsall Muller LLC.