Recent Cases
Cases
Armed Robbery with a Deadly Weapon
Conspiracy to Commit Armed Robbery
Attempt to Commit a Felony, to wit Armed Robbery
Embezzlement (over $20,000.00)
Conspiracy to Commit Embezzlement (over $20,000.00)
Tampering with Evidence
Possible Sentence: 33 years
Result: Dismissed (2022)
Aggravated DWI (2nd offense)
Open Container
Registration Violation
Failure to Maintain Lanes
Possible Sentence: 1.5 years
Result: Dismissed, motion to suppress granted (2022)
Driving While Intoxicated
Possible Sentence: 90 days
Result: Dismissed (2022)
Possession of a Controlled Substance (cocaine)
Tampering with Evidence
DWI
Failure to Maintain Lanes
Possible Sentence: 4.5 years
Result: Dismissed (2022)
Trafficking a Controlled Substance (11.30 Kilograms of Methamphetamine)
Possession with Intent to Distribute Marijuana (9.58 Kilograms)
Possible Sentence: 10.5 years
Result: Dismissed (2022)
Battery Against a Household Member
Possible Sentence: 1 Year
Result: Dismissed (2022)
Possession of a Controlled Substance (fentanyl, methamphetamine, xanax, LSD)
DWI
Possible Sentence: 2.5 years
Result: Plea to DWI 90 day Deferred Sentence (2022)
Aggravated Battery Against Household Member (Strangulation or Suffocation)
Aggravated Battery (Deadly Weapon)
Aggravated Assault (Deadly Weapon) (Household Member)
Shooting at a Dwelling or Occupied Building
Aggravated Assault (Deadly Weapon)
Abuse of a Child (Does not result in Death or Great Bodily Harm)
Extreme Cruelty to Animals
Possible Sentence: 15 years
Result: Dismissed
DWI (1st offense)
Possible Sentence: 90 Days
Result: Dismissed (2022)
Battery against a Household Member
Possible Sentence: 1 year
Result: Dismissed (2022)
Armed Robbery (Firearm Enhancement)
Conspiracy to Commit Armed Robbery
Shooting at or from a Motor Vehicle
Conspiracy to Commit Shooting at or from a Motor Vehicle
Aggravated Battery (Deadly Weapon)
Aggravated Battery (Great Bodily Harm)
Unlawful Carrying of a Handgun by Person Under Age 19
Possible Sentence: 23.5 years (Juvenile charged as an adult)
Result: 2 years in YDDC (juvenile facility) (2022)
Driving While under the Influence (2nd offense)
Failure to Maintain Lane
Possible Sentence: 1.5 years
Result: Dismissed (2020)
Negligent Use of a Firearm
Possible Sentence: 6 months
Result: Dismissed (2020)
Negligent Use of a Deadly Weapon
Possible Sentence: 6 months
Result: Dismissed (2020)
Battery Against a Household Member
Possible Sentence: 1 year
Result: Dismissed (2020)
Battery Against a Household Member
Possible Sentence: 1 year
Result: Dismissed (2020)
Criminal Damage to Property
Possible Sentence: 6 months
Result: Dismissed (2020)
Possession with Intent to Distribute 11 lbs of marijuana (felony)
Possible Sentence: 18 months
Result: Simple Possession of Marijuana (misdemeanor) One year of probation.
Battery
Possible Sentence: 6 months
Result: Dismissed
AGGRAVATED BATTERY ON A HOUSEHOLD MEMBER (2020)
Possible Sentence: 1 year
Result: Dismissed
RECEIVING STOLEN PROPERTY
DISTRIBUTION OF MARIJUANA
UNLAWFUL CARRYING OF A HANDGUN BY A PERSON UNDER 19 YEARS OF AGE
UNLAWFUL CARRYING OF A HANDGUN BY A PERSON UNDER 19 (COUNT 2)
NO DRIVER’S LICENSE (2020)
Result: Simple Possession of Marijuana
6 months probation
AGGRAVATED ASSAULT (FIREARM)
NEGLIGENT USE OF A DEADLY WEAPON (DISCHARGE) (2020)
Possible Sentence: 2 years
Result: Disorderly Conduct (petty misdemeanor)
Probation
Driving While Intoxicated
Failure to Maintain Lane.
Possible Sentence: 6 months
Result: Dismissed (2020)
Probation Violation (Felony)
Possible Sentence: 2 ½ years
Result: Dismissed (2020)
Petition for Restraining Order Against Respondent
Possible Sentence: 3 years
Result: Dismissed (2020)
Battery Against a Household Member
Possible Sentence: 1 year
Result: Dismissed
Battery Against a Household Member
Possible Sentence: 1 year
Result: Dismissed (2020)
Battery Against a Household Member
Possible Sentence: 1 year
Result: Dismissed (2020)
Battery Against a Household Member
Possible Sentence: 1 year
Result: Dismissed (2020)
Possession with Intent to Distribute Marijuana (55.5 lbs.)
Possible Sentence: 18 months
Result: Dismissed- Motion to Suppress granted (2019)
Violent Crimes in Aid of Racketeering (Conspiracy to Murder)
Violent Crimes in Aid of Racketeering (Attempted Murder, Assault Resulting in Serious Bodily Injury, Injury and Assault with Dangerous Weapon)
Witness Tampering, Aid and Abet
Possible Sentence: 30 years
Result: 36 months (2019)
Driving While Under the Influence (Aggravated)
Possible Sentence: 1 year
Result: Dismissed (2019)
Battery Against a Household Member
Criminal Damage to Property
Possible Sentence: 1 year, 6 months
Result: Disorderly Conduct 90 day unsupervised probation (2019)
Making a False Report
Harassment
Resisting, Evading or Obstructing an Officer
Possible Sentence: 3 years
Result: Dismissed (2019)
Possession with Intent to Distribute Marijuana
Unlawful Carrying of a Deadly Weapon
Delivery or Manufacture of Drug Paraphernalia
Possible Sentence: 3 years
Result: Dismissed (2019)
Aggravated Driving While Under the Influence
Careless Driving
Possible Sentence: 1 year, 6 months
Result: Dismissed by Motion (2019)
Abuse of a Child
Possible Sentence: 3 years
Result: Dismissed
Assault
Possible Sentence: 6 months
Result: Dismissed (2019)
Battery on Household Member
Possible Sentence: 1 year
Result: Dismissed (2019)
Aggravated Driving While Under the Influence
Speeding
Result: Jury Acquittal (2019)
False Applications, Claims, Proof of Loss (over $2,500 but no more than $20,000)
Making a False Report
Result: Dismissed
Intentionally Placing Child in Situation Where Life of Child is Endangered
Possible Sentence: 1 year
Result: Dismissed (2019)
Possession of Marijuana on Ski Basin
Result: Dismissed (2019)
Driving Under the Influence
Leaving the Scene of an Accident Involving Damage to Vehicles
Possible Sentence: 1 year
Result: Dismissed (2019)
Restraining Order Against Respondent
Result: Dismissed (2019)
Assault and Battery
Possible Sentence: 1 year
Result: Dismissed
Battery Against a Household Member
Possible Sentence: 1 year
Result: Dismissed (2019)
Criminal Damage to Property (over $1,000.00)
Battery
Assault
Placing Child Where Life is Endangered
Possible Sentence: 3.5 years
Result: Dismissed (2019)
Aggravated Battery Against a Household Member (Great Bodily Harm)
False Imprisonment
Aggravated Battery Against Household Member
Possible Sentence: 5 ½ years
Result: Misdemeanor 6 months (2019)
Assault and Battery Against a Household Member
Possible Sentence: 1 ½ years
Result: Dismissed (2019)
Battery Against a Household Member
Cruelty to Children
Possible Sentence: 2 years
Result: Dismissed (2019)
Driving While Intoxicated
Result: Dismissed (2019)
Aggravated Battery with a Deadly Weapon
False Imprisonment
Possible Sentence: 4 ½ years
Result: Dismissed (2019)
Criminal Damage to Property over $1,000.00
Possible Sentence: 18 months
Result: Dismissed (2019)
Aggravated Battery on a Household Member
False Imprisonment
Interference with Communications Device
Possible Sentence: 6 ½ years
Result: Dismissed (2019)
Aggravated Driving While Intoxicated
Failure to Maintain Traffic Lane
Resisting, Evading. Obstructing an Officer
Possible Sentence: 1 year, 6 months
Result: Dismissed after Motion to Suppress granted (2019)
Conspiracy to Distribute 50 Kilograms
and more of Marijuana;
Conspiracy to Launder Monetary Instruments;
Unlawful use of a communication facility, a telephone,
to facilitate the distribution of a controlled substance.
Possible Sentence: 20 years
Result: Conspiracy to Launder Monetary Instruments
Two (2) years of supervised release (2016)
Battery against a Household Member
Possible Sentence: One year
Result: Dismissed (2015)
Driving While Under the Influence (Aggravated)
Possible Sentence: 90 days in jail
Result: Dismissed (2015)
Domestic Violence
Possible Sentence: 1 year jail
Result: Dismissed (2015)
Shoplifting over $250
Possible Sentence: 1 year jail
Result: Dismissed (2015)
Reentry of a Removed Alien
Possible Sentence: 100-125 months
Result: Dismissed (2015)
Computer Abuse
Possible Sentence: 3 Years
Result: Dismissed upon completion of six months unsupervised probation. (2015)
Embezzlement and Forgery
(156 counts)
Possible Sentence: 241.5 years
Result: Deferred Sentence
upon completion of 5 years of Probation, 5 months in custody (2 1/2 months with good time)
(2015)
Shoplifting
Possible Sentence: one year
Result: Dismissed (2015)
Possession with Intent to Distribute 500 grams and More
of a Mixture and Substance containing Methamphetamine.
(1.712 net kilograms of actual methamphetamine 98% pure)
Possible Sentence: 262-327 months
Result: 48 months (2015)
Cases
DWI
Result: Dismissed
(Attorney filed a motion to suppress
which was granted) (2015)
Distribution of a Controlled Substance
Habitual Offender
Possible Sentence: 4 years
Result: Dismissed (2015)
Petition for Order of Protection from Domestic Abuse
Result: Dismissed (2015)
Petition for Restraining Order
Result: Dismissed (2015)
Petition and Counter-Petition for Order of Protection from Domestic Abuse
Result: Dismissed (2015)
Trafficking a Controlled Substance (cocaine) a 1st degree felony (4 counts)
with a four year habitual.
Possible Sentence: 76 years
Result: one second degree felony, 5 years. (2014)
Shoplifting over $500.00 but less than $2500.00 (2 counts)
Shoplifting over $250.00 but less than $500.00 (2 counts)
Conspiracy to shoplift
Tampering with Evidence (4 counts)
Possible Sentence: 10.5 years
Result: Dismissed upon successful completion of one year probation. (2014)
Embezzlement over $500.00 but less that $2500.00
Conspiracy to Commit Embezzlement
Possible Sentence: 3 years
Result: Dismissed upon successful completion of one year probation. (2014)
Reentry of a Deported Alien
Possible Sentence: 15-21 months
Result: Reduced to a misdemeanor, time served (44 days) (2014)
Reentry of a Deported Alien
Possible Sentence: 15-21 months
Result: Reduced to a misdemeanor, time served (44 days) (2014)
Petition for a Restraining Order
Result: Dismissed (2014)
Driving While Intoxicated (2014)
Result: Dismissed
Reentry of a Deported Alien (2014)
Possible sentence: 51-63 months
Result: Dismissed
Criminal Damage to Property over $1,000.00
Resolution: Time Waiver (Dismissed upon Restitution) (2014)
DWI
Resolution: Dismissed (2014)
Conspiracy to Commit Wire Fraud
Possible sentence: not more than 20 years
Result: Misprision of a Felony
Sentence: 0-6 months (2014)
Possession of Marijuana
Possession of Drug Paraphernalia
Possible sentence: 2 years
Result: Dismissed (2014)
Compounding a Crime
Possible sentence: 1 year
Result: Dismissed (2014)
Aggravated Battery with Great Bodily Harm, (2013)
Possible Sentence: 3 years
Result: Dismissed upon restitution
Aggravated DWI, Driving while License Suspended or Revoked,
Reckless Driving, Driving Vehicle at Night Without Lighted Lamps,
Resisting/Evading/Obstructing an Officer, Criminal Damage to
Property. (2013)
Possible Sentence: 4 years
Result: Dismissed
Use of Telephone to Threaten/Intimidate/Harass (2013)
Possible Sentence: 1 year
Result: Disorderly Conduct; fine
Trafficking a Controlled Substance,
Possession of Drug Paraphernalia (2013)
Possible Sentence: 10 years
Result: Upon successful completion of one year probation, Dismissed.
Murder in the Second Degree (2013)
Possible Sentence: 235 months to 293 months.
Result: Involuntary Manslaughter
Sentence: 30 months
Acquiring and Obtaining a Controlled Substance (oxycodone)
by Misrepresentation, Fraud, Forgery, Deception and Subterfuge. (2013)
Possible Sentence: 0-4 years
Result: Simple possession of a controlled substance not obtained by a valid prescription (a misdemeanor)
Sentence: Probation 1 year
Battery Against a Household Member/Domestic Violence (2013)
Possible Sentence: 1 Year
Result: Dismissed
Shoplifting (2012)
Result: Dismissed
Promoting Prostitution (2012)
Result: Dismissed
Conspiracy to Distribute 50 Kilograms or more of Marijuana (2012)
Possible Sentence: 46-57 months
Result: 21 months.
Embezzlement 11 Felony counts (2012)
Possible Sentence: 0-5 years
Result: Misdemeanor 1 count, Probation
Promoting Prostitution (2012)
Possible Sentence: 18 months
Result: Dismissed
Burglary
Larceny $250.00-$2,500.00
Possession of Burglary Tools (2012)
Possible Sentence: 4.5 years
Result: Dismissed
Battery Against a Household member
Criminal Damage to Property (2012)
Possible Sentence: 2 Years
Result: Simple Assault, Unsupervised Probation, 6 months
Bicycle Accident – $97,000.00 (2012)
Possession of Marijuana (2012)
Result: Dismissed
Battery (2011)
Result: Dismissed
Aggravated DWI (2011)
Possible Sentence: 90 Days in Jail, $500 dollar fine
Result: Dismissed
Possession of Marijuana (2011)
Possible Sentence: 1 year
Result: Dismissed
Conspiracy to Possess with Intent to Distribute 500 grams and more of cocaine, (2011)
Possible Sentence: 10 years to life
Result: Dismissed
Possession with intent to distribute a controlled substance, (2010)
Possible Sentence: 235 months in prison
Result: 74 months
Possession with intent to distribute a controlled substance, (2010)
Possible Sentence: 5-40 years
Result: 12 months
Possession of Marijuana, (2010)
Possible Sentence: 1 year
Result: Dismissed
Domestic Violence, (2011)
Result: Dismissed
Domestic Violence, (2010)
Result: Dismissed
Domestic Violence, (2010)
Result: Dismissed
Domestic Violence, (2010)
Result: Dismissed
Re-Entry of a Deported Alien, (2010)
Possible Sentence: 77-96 months
Result: 24 months
Re-Entry of a Deported Alien
Possible Sentence: 70 months
Result: 21 months
DWI, (2011)
Possible Sentence: 1 year
Result: Dismissed
DWI
Trial Result: Not Guilty
DWI
Possible Sentence: 1 year
Result: Dismissed
DWI
Possible Sentence: 1 year
Result: Dismissed
Appeals
USA v. Martin Saavedra-Villasenor (10th Cir. 2014) (unpublished)
USA v. Miguel Rodriguez-Enriquez, 518 F.3d 1191 (10th Cir. 2008)
USA v. Jaime Portillo-Portillo, (10th Cir. 2008) (unpublished)
USA v. Gutierrez-Gonzalez (10th Cir. 2008) (unpublished)
USA v. Quarrel, 310 F.3d 664 (10th Cir. 2002)
USA v. Gonzales, 520 U.S. 1 (1997) United States Supreme Court Case
USA v. Orlenis Hernandez-Diaz, 65 F.3d 814 (10th Cir. 1995)
USA v. Rowlett, 23 F. 3d 300 (10th Cir. 1994)
USA v. Burdex, 990 F.2d 1552 (10th Cir. 1993)
USA v. Waupekenay, 973 F. 2d 1533 (10th Cir. 1992)