Recent Cases

Cases

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)