Charlotte, NC
Criminal defense Lawyer at Charlotte, NC
Practice Areas: Criminal Defense, Federal Crime ... +2 more
OUTCOME: CASES DISMISSED AFTER MISTRIAL
Cold Cases from 2000 First Degree Rape First Degree Rape First Degree Rape First Degree Kidnapping First Degree Kidnapping First Degree Kidnapping First Degree Sex Offense First Degree Sex Offe ... nse Motion to Dismiss granted on three (3) charges and the jury hung on the remaining five (5) Voluntarily Dismissed by the State of North Carolina (December 20, 2010)
OUTCOME: Judgment Vacated and Remanded by the Fourth Circuit Court of Appeals for Re-Sentencing.
From the Per Curiam Opinion of the United States Fourth Circuit Court of Appeals "Leslie Fountresa Freeman appealed her convictions and sentence for possession with intent to distribute 500 grams or ... more of cocaine under 21 U.S.C. § 841(a)(1) (2000), and importation of cocaine into the United States under 21 U.S.C. § 952(a) (2000). Initially we affirmed Freeman’s convictions and sentence. Before the mandate issued, however, Freeman filed a petition for panel rehearing and rehearing en banc again challenging her convictions, and for the first time challenging her sentence under Blakely v. Washington, 542 U.S. 296 (2004), and in anticipation of United States v. Booker, 125 S. Ct. 738 (2005). Because Booker constitutes an intervening change in the law bearing on the outcome of this appeal, we grant rehearing, vacate Freeman’s sentence, and remand for resentencing. We continue to affirm Freeman’s convictions...."
OUTCOME: Remanded by the Fourth Circuit Court of Appeals for Resentencing
On January 6, 2004, Defendant was adjudicated guilty of conspiracy to possess with intent to distribute cocaine, methamphetamine, and ecstasy, kidnapping, and brandishing afirearm during a crime of vio ... lence, and aiding and abetting, and was sentenced to 291 months’ imprisonment. (Doc. No. 297). The Fourth Circuit affirmed in part, vacated in apart, and remanded for further proceedings. United States v. Simpson, 138 Fed. Appx. 520 (4th Cir. 2005) (04-4068). The Court entered a corrected sentence on February 3, 2006, of a total of 265 months’ imprisonment. (Doc. No. 321). The Fourth Circuit affirmed, United States v. Simpson, 209 Fed. Appx. 279 (4th Cir. 2006) (06-4170), and the United States Supreme Court denied certiorari on April 30, 2007, Simpson v. United States, 550 U.S. 923 (2007).
OUTCOME: I represented Mr. English in Superior Cout during the trial of this action. His conviction was upheld, but case remanded for a new sentencing hearing.
QUoting from the Court of Appeals: "...Defendant first argues that his case should be remanded for resentencing. Defendant specifically contends that the prior record level determined by the trial cou ... rt is improper under N.C. Gen.Stat. § 15A-1340.14. We agree....The State presented a prior record level worksheet that listed defendant's prior convictions by class of felony, classifying defendant as a record level III offender. Neither defendant nor his defense counsel stipulated to the contents of the prior record worksheet. Rather, the record shows that defense counsel expressly declined to stipulate to the worksheet and renewed defendant's motion to suppress two of the listed convictions....The State has not established that defendant stipulated to the prior convictions at issue, nor has it presented records pursuant to N.C.G.S. § 15A-1340.14(f) to prove the existence of the prior convictions. Therefore, the State did not meet its evidentiary burden under the statute. See State v. Spellman, 167 N.C.App. 1526, ----, 605 S.E.2d 696, 709 (2004) (remanding for resentencing because record was bare of any evidence or stipulation other than a worksheet), disc. review denied, 359 N.C. 325, 611 S.E.2d 845. Therefore, we remand for resentencing...."
OUTCOME: Acquitted: NOT GUILTY
Possession of a Firearm by a Convicted Felon
OUTCOME: Case Voluntarily Dismissed by the Government
Produces/Traffics In Counterfeit Device; Fraud With Identification Documents; Utter Forged And Counterfeit Security. Motion to Suppress Evidence filed on 05/29/2001
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