Narcotics

MINIMUM SENTENCE FOR CLIENT FACING 30 YEARS IN PRISON

After four years of litigation, including winning the suppression of wiretaps, we secured the minimum sentence of 10 years for a client facing close to a 30-year guidelines sentence. The near lifetime sentence for this 45-year-old client was looming over him because he was categorized as a career offender – even though his past convictions occurred over a quarter of a century ago. At sentencing Mr. Kousouros referred to nationwide statistics demonstrating that judges were significantly reducing their application of the career offender guideline because it too often resulted in sentences which massively overrepresented a defendant’s criminal propensity. Given our client’s age at the time of sentencing, we also referred to statistics showing that as defendant’s age the likelihood of their reoffending decreases exponentially. Finally, and most importantly, we presented our client’s life history which included the positive aspects of his life which were achieved despite a childhood bereft of any positive adult guidance. Despite profound mistakes, his life – like all our clients’ lives – is precious, and while incarceration was inevitable and warranted under the circumstances, his humanity demanded a reduced sentence.

EXTENSIVE INVESTIGATION AND CREATIVE ARGUMENTS AT SENTENCING RESULT IN A DRASTICALLY REDUCED SENTENCE

This client was accused of several sales of crack cocaine and was facing a sentence in excess of seven years. After a lengthy investigation which revealed significant credibility issues relating to the law enforcement agents involved, Mr. Kousouros negotiated for and obtained a telephone charge with a maximum sentence of 4 years. At sentencing, he used Justice Department testimony during a recent Senate Judiciary Committee hearing to counter the prosecutor’s position on sentencing. He pointed out to the court that the Justice Department had admitted under oath not only that there was no basis in either law or science for the existing disparity in the sentencing guidelines between how crack and powder cocaine were treated, but that the disparity’s impact fell overwhelmingly on the backs of people of color. While the government’s concession has yet to be codified into legislation, the Court sentenced the client as though the disparity did not exist.

MR. KOUSOUROS SECURES NOT ONLY THE SUPPRESSION OF A FEDERAL WIRETAP, BUT A FINDING OF PERJURY FOR THE FEDERAL AGENT

After a year of litigation, painstaking review of wiretap applications, and pre-trial hearings, Mr. Kousouros secured the suppression of a federal wiretap and a finding of perjury for a federal Agent. In a 46 page decision, the Honorable Jack Weinstein noted that virtually every wiretap application – which is made by the government without defense counsel’s input – is granted, and then found that inaccurate and false affidavits in this climate could not be tolerated. After the decision, Mr. Kousouros secured bail for the client and then fended off a government appeal of that bail, facilitating his client’s prompt release pending trial. The government has appealed the wiretap suppression.

ACQUITTAL ON ALL GROW HOUSE CHARGES DESPITE P.O.’S TESTIMONY THAT CLIENT WAS SEEN LEAVING THE BUILDING

The client was observed by detectives leaving a 4-story marijuana grow house, which had pilfered over $500,000 in electricity charges. He was acquitted of all charges following two years of litigation and three weeks of trial. The acquittal resulted in the dismissal of the federal supervised release charges.

FACING 9 YEARS, CLIENT GETS PROBATION

In a significant narcotics trafficking case, Mr. Kousouros identified several mitigating factors and skillfully framed his arguments in such a way as to secure a sentence of probation from a guidelines range of 87-108 months.

CLIENT IN “CARTOON NETWORK” CONSPIRACY CASE GETS NON-JAIL PLEA

Avoiding possible multi-year imprisonment, Mr. Kousouros secured a non-jail plea for his client in the Eastern District of New York.

NON-JAIL PLEA OVER PROSECUTOR’S OBJECTION FOR LARGE QUANTITY OF MARIJUANA

A client accused of transporting a large quantity of marijuana from Florida to New York was arrested in Eukon, Maryland. After obtaining his release on bail, Mr. Kousouros secured a non-jail plea over the objection of the prosecution.

PUERTO RICAN NARCOTICS FIGURE AVOIDS 15-YEAR SENTENCE RECOMMENDED BY PROSECUTOR

After being convicted of gun possession, this client hired Mr. Kousouros for his sentencing and appeal in the federal court in the District of Puerto Rico. The sentencing procedure became a mini trial on issues of drug trafficking and other alleged violence, during which the government fought for a 15-year sentence rather than the four-year sentence called for by the sentencing guidelines. Following 8 months of litigation and hundreds of pages of briefs, the client was sentenced to 44 months in prison.

19 YEAR OLD CLIENT ACCUSED OF MAJOR NARCOTICS DISTRIBUTION RECEIVES MERCY OF THE COURT

Given the overwhelming evidence of guilt in this prosecution in the District of Baltimore, our challenge in this case had less to do with guilt or innocence, and more to do with persuading the court that this particular young man, despite his mistakes, deserved its mercy due to the tragic consequences of his life. The client faced a sentence ranging from life to one that was short enough to give this lost, but potentially productive, 19 year old the opportunity to live a law abiding and successful life. He was sentenced to probation.

ACQUITTAL OF HEROIN CHARGE DESPITE ALLEGED INCULPATORY STATEMENTS OVERHEARD BY DETECTIVES

This client was accused of possessing ten pounds of heroin, and two detectives testified at trial to alleged inculpatory statements he made at the scene. Following Mr. Kousouros’ skilled cross- examination of the two detectives, the client was acquitted of all charges.

FACING OVER 20 YEARS, CLIENT RECEIVED 87 MONTHS

This client, who qualified as a career offender, faced a major narcotics prosecution with insurmountable evidence. Mr. Kousouros conducted a thorough investigation and prepared a sentencing memorandum thoroughly documenting a life history of tragic proportions. With that memorandum, Mr. Kousouros was able to secure a non-guidelines sentence of 87 months.

FAVORABLE RESULT ACHIEVED FOR EMPLOYEE OF MANHATTAN NIGHTCLUB

This client was arrested, along with 14 others, in a major sting operation by Federal prosecutors in the Federal District Court in Manhattan. After an exhaustive review of the evidence, Mr. Kousouros was able to secure a favorable result for his client. Read Article (pdf).