Fort Myers Federal Criminal Lawyer Attorney David A. Brener 239-332-1100 Utilizes Sentencing Poem For Federal Inmate

Recently, Fort Myers based federal criminal defense attorney David A. Brener 239-332-1100 utilized a poem which he wrote in order to persuade a federal district court judge to sentence his client below the advisory federal sentencing guidelines. The client had been charged with conspiracy to possess with intent to distribute oxycodone (roxycodone), methadone, and alprazalam (zanax). "Bank Robbin Bob", the alias used by the defendant and charged in the indictment, had spent almost thirty of his fifty seven years in prison on other charges, and was accused of being part of a scheme in which phony prescriptions were presented to various pharmacies for large quantities of drugs. Brener's client was personally responsible for obtaining over eleven thousand pills, and because the scripts were introduced into evidence, and the client was identified by the pharmacists as the person presenting them, he was convicted after a jury trial. During the trial, the government called numerous cooperating codefendants to testify against the defendant, who had fired a number of prior attorneys and took a very dim view of the court, the prosecutor, and the lead agent. Knowing that the client would insist on adressing the court in an inappropriate and self-defeating manner at sentencing, and being aware that the client had 29 criminal history points and was a career offender, attorney Brener wrote a poem about the case, which he recited at sentencing in an effort to inject some levity and creativity into the proceedings. The Court, which admittedly had other grounds to justify a downward variance, subsequently sentenced the Defendant to seventy (70) months below the low end of the advisory guidelines range, that is, to 135 months instead of the advisory range of 210 to 262 months. The text of the poem follows:

May it please the Court:

• Bank Robin Bob is no angel type – and as you heard at trial he’s really a hype.

• It’s not greed that moves him like some other thugs - for Bank Robbin Bob it’s all about the drugs.

• Yes, he’s got a lot of criminal history points,

• But the motive's always been the pills, H, and joints.

• And it’s true that he did take his case to a trial, but he wasn’t just wastin' the court’s time for a while.

• The case was built on addicts and thieves, and none of those co-defendant’s were worthy of beliefs.

• Every single one of them had a big motive to lie:

• They tried to please the government to get that Rule 35.

• Carey Bergin tried to minimize,

• Her role as one of the masterminds,

• But despite her suit and pleasant smile, the Agent confirmed she lied for a while.

• Susan Hamilton couldn’t reveal, how she ignored her own plea agreement, and took an appeal.

• And Theresa Martinez wouldn’t admit, that she lied for Bob, to help him acquit.

• Jason Bergin had a sham trial, that was over so fast it made Charley Harris smile.

• It was done because Bergin wouldn’t confess, and he wanted to preserve his Motion to Suppress.

• Judge, for almost three hours, the jury was out; I’d started to think, we had reasonable doubt.

• Then come the verdict for conspiracy. The government was happy when they heard it –guilty, guilty, guilty.

• This really isn’t about actual innoce`nce, but assigning culpability that seems to make sense.

• In our system of justice, what we value by far,

• Is the truth of the matter, that is our polestar.

• Each one of the witnesses fell into the muck,
of falsehood –n- self-interest, and began to obstruct.

Bank Robbin Bob forced the government’s proof, but did not commit perjury, or alter the truth.

• Judge, I’m not just asking for mere leniency`.

• But invite you to look at 3553.

• All of the runners got 10 years or less,

• Sprafka even sold drugs,

• To (PROBATION) he confessed.

• For him - the government did not pursue role or the max,

• But agreed to a downward departure in fact.

• Bob is an addict who didn’t sell or buy,

he just took his cut and went to get high.

The fact he’s an addict, he never denied,

• And if you care to know
what happened inside,

• Just look at his childhood, and at his young life,
deprived of love and full of strife.

• If you could go back, with the eyes of a seer,

• You’d say it’s no wonder - the fact that we’re here.

• Unlike the Bergins, who sold pills for cash – Bank Robbin Bob just needed his stash.

• Your Honor, I’m not asking to ignore history,

• Just put it in context, don’t throw away the key.

• Judge I’m not askin' you to send him on home,

• But give me some credit for writing this poem.

Fort Myers Federal Defense Attorney David A. Brener 239-332-1100 To Speak At Panel Discussion About Federal Courts

Fort Myers Federal Criminal Defense Attorney David A. Brener of the Law Offices of Brener and DeMine, P.A. has been invited to speak at a panel discussion on the federal court system. The forum is open to all members of the community and will be attended by a federal district judge from Fort Myers, the United States Attorney for the Middle District of Florida, a federal civil law attorney, and David Brener, who will speak about federal criminal defense.
The forum takes place at the County Commissioner's Building (old courthouse) in downtown Fort Myers, on Friday March 25th, 2011, begining at 10:00 a.m.

Brener and DeMine, P.A.
12381 South Cleveland Avenue
Suite 201
Fort Myers, Fl. 33907
http://www.justiceisourpassion.com

Attorney David A. Brener Finishes Federal Narcotics Conspiracy Trial

Fort Myers Criminal Defense Attorney David A. Brener of the Law Offices of Brener and DeMine, P.A. 239-332-1100 completed a federal criminal trial this month involving a conspiracy to possess with intent to distribute thousands of oxycocone, alprazolam and methadone pills. The jury deliberated almost three hours before reurning the verdict. The case was prosecuted by Chief Assistant United States Attorney Doug Molloy, and included the testimony of several cooperating co-defendants. Mr. Brener's client was the only defendant, of nine indicted, to go to trial.
Brener and Demine, P.A.
12381 South Cleveland Avenue
Suite 201
Fort Myers, Fl.33907
239-332-1100
www.justiceisourpassion.com

Fort Myers Criminal Defense Attorneys Brener and DeMine, P.A. Relocate Offices To South Cleveland Avenue

Fort Myers Criminal Defense Attorneys Brener and DeMine, P.A. 239-332-1100 have relocated their law offices to the Sunrise Office Center, at the Suntrust Building,12381 South Cleveland Avenue. The Firm's new 2500 square foot offices in this five story Class A bank building on U.S.41 will allow the Firm to grow and to serve clients with greater ameneties, including free parking and an upscale place to confer and consult. The building, home of an eye doctor with a big eye on the top of the building facing 41, is easy to find while travelling north or south. Brener and DeMine will continue to practice state and federal criminal defense in Fort Myers, Naples, Punta Gorda, and Labelle. If you're accused of a crime, call Brener and DeMine.

Brener and Demine, P.A.
12381 South Cleveland Avenue
Suite 201
Fort Myers, FL. 33907
239-332-1100
www.justiceisourpassion.com

Federal criminal lawyers in Fort Myers

David A. Brener (239-332-1100)has been admitted to the federal courts for over 20 years, and has had numerous federal jury trials. Fort Myers used to be a real small town, with a small number of attorneys, and the number of criminal lawyers who practiced in federal court was even smaller. Today, there are a lot of attorneys, and a growing number who advertise for federal criminal cases in this jurisdiction. While some of these attorneys have a great deal of experience, some of the most aggressive advertisers have never tried a case in federal court, and are not familiar with the practice and procedure, which differs greatly from that in the state courts. Federal court is not only more formal, but requires that almost every request be put in writing, with legal citations. Jury questioning is usually abbreviated, if it is provided at all, and sentencing is extremely complicated and ever changing. Almost every task is more difficult than in state court, and since even a greater percentage of federal cases result in pleas than state cases, some attorneys can practice for years without ever trying a case to a jury in federal court. There is no substitute for actual trial experience, however, and consumers should inquire of prospective attorneys whether they have actually tried cases in the federal courts. For more information, visit our website at www.justiceisourpassion.com