Attorney Michael R. Bartish's Legal Cases

Criminal defense

United States v. Raogo Ouedraogo

Dec 21, 2011

OUTCOME: Murder conviction overturned, Judgement of Acquittal Granted. Client released from jail days before Christmas

Client was charged with Conspiracy to Commit Wire Fraud, Conspiracy to Commit Interstate Murder for Hire, Kidnapping, and Kidnapping Resulting in Death. Client was convicted after a 30 day jury trial ... of Conspiracy to Commit Wire Fraud, Kidnapping, and Kidnapping Resulting in Death and was facing a mandatory life sentence. We filed a motion for judgment of acquittal not withstanding the verdict and a motion for a new trial. The judge granted our motion and acquitted our client of all counts. Client was set free just before Christmas, 2012.

Criminal defense

U.S. v. MM

Sep 19, 2011

OUTCOME: Client received a significantly lower sentence than recommended by the guidelines.

Client was accused and pled guilty to distribution of 5 kilograms of cocaine. The Presentence Investigation report recommended a sentencing guideline range of 121-158 months. We filed objection to th ... e sentencing guideline scoring arguing that the correct guideline range was 97 - 121. That objection was granted. We also filed a motion for variance arguing that a sentencing within the guideline range was also too high. Judge Neff agreed and sentenced the client to 72 months - one year over the mandatory minimum sentence.

Criminal defense

People v. J.N.

Jul 27, 2011

OUTCOME: Evidence was suppressed and the case was dismissed.

Client was arrested for possession of marijuana after officers approached his parked vehicle in a grocery store parking lot. We filed a motion to suppress the evidence on the grounds that the officers ... did not have probable cause to approach and search the vehicle. Judge Servass of the 63rd District Court agreed and the evidence was suppressed.

Criminal defense

United States v. S.F.

Nov 08, 2010

OUTCOME: 6th Circuit Victory and Significant Sentence Reduction

Client was charged in the Western District of Michigan with Distribution of More than 5 grams of Cocaine Base, a 10 year to life offense, after he acted as the middleman in a drug transaction between a ... confidential informant and a bigger drug dealer. Unfortunately for the client, he had two prior felony offenses in 1994 - Delivery/Manufacture of more than 50 grams of cocaine and Assault with Intent to Commit Sexual Penetration. The United States Probation Department classified the client as a Career Offender pursuant to U.S.S.G. § 4B1.1(b)(A) based upon the client’s prior felony controlled substance delivery convictions and his assault with intent to commit sexual conduct involving sexual penetration - which was classified as a crime of violence. This classification resulted in a sentencing guideline range of 262 months to 327 months. At the original sentencing hearing, I objected to the client’s classification as a career offender arguing that Assault with Intent to Commit Sexual Conduct involving penetration was not categorically a crime of violence. Ultimately, the District Court did not see it my way and ruled that the client was a career offender. I filed a motion for variance arguing that the career offender guidelines were too harsh especially since my client’s criminal history category absent the career offender tag was level III. The sentencing judge granted the variance motions and sentenced the client to 200 months (the equivalent of a 3 level departure). We appealed to the 6th Circuit. In June, the 6th Circuit heard oral arguments and in September it issued an opinion holding that Assault with Intent to Commit Sexual Conduct was NOT categorically a crime of violence and ordered a remand to determine if any court documents (plea transcripts) existed to indicate whether the specific facts of the client;s case gave an indication of whether the his conviction was a crime of violence. At re-sentencing, the government could not produce any court documents or plea transcripts regarding the client's conviction and conceded that no evidence existed to support a career offender classification. the client's guidelines dropped to 87-105 months. The sentencing judge imposed a sentence of 74 months (the same percentage off the maximum of the guideline range as he did at the original sentencing hearing). In one day, the client went from a 200 month sentence to a 74 month sentence. He should get out in approximately 3 and ½ years with good time credit.

Criminal defense

People v. M.J.

May 17, 2010

OUTCOME: Not Guilty

Client was charged for domestic against his ex-wife. His wife was attempting to get into his vehicle and remove property that belonged to him. My client restrained his wife to prevent her from enteri ... ng the vehicle and removing his property. The responding officer's charged him with domestic assault and battery since he touched her without her permission (she suffered no injuries). We convinced the judge to give a defense of property jury instruction over the prosecutor's objection. After a full day trial, the jury acquitted our client after an hour of deliberation.

Criminal defense

United States v. W.L.

Jun 13, 2008

OUTCOME: Client acquitted of lone contested charge.

Client was accused of being a felon in possession of a firearm and possession of cocaine base after the vehicle in which he was a passenger was pulled over. As the police officer approached the vehicl ... e the client exited the vehicle and fled on foot. The client was eventually tackled and arrested. After the client was subdued, the officer's searched the vehicle and found a hand gun in the rear passenger well. The client was facing a 10 year sentence if convicted of being a felon in possession of a firearm. At trial we were able to show the that officer's version of events regarding how the weapon was discovered and where the weapon was discovered during the search of the vehicle did not make sense and was not credible. The client explained that he ran from the officers due to the crack cocaine in his possession and had no idea that there was even a weapon in the car. The client was convicted of possessing crack cocaine (a 1 year misdemeanor) and acquitted of being a felon in possession of a firearm.

Criminal defense

United States v. Timothy Gibbs

N/A

OUTCOME: At resentencing hearing, the district court ordered both sentences to run concurrently. Client's overall sentence was reduced by five years.

Published decision with the 6th Circuit Court of Appeals. U.S. District Court imposed federal sentence to run consecutive to state sentence due to mistaken belief that it was required. Mr. Bartish app ... ealed the case to the 6th Circuit Court of Appeals arguing that state and federal sentence should run concurrently. The 6th Circuit agreed and remanded the case for re-sentencing in a published decision.

Michael R. Bartish's Legal Cases (17)

United States v. Raogo Ouedraogo

U.S. v. MM

People v. J.N.

United States v. S.F.

People v. M.J.

United States v. W.L.

United States v. Timothy Gibbs