Top Chicago Federal Criminal Lawyers obtain successful resolution in felon in possession prosecution. Michael Leonard and Matthew Chivari of Leonard Trial Lawyers recently obtained a highly favorable result for their client after a federal sentencing in a felon in possession, section 922(g) case. Unfortunately, the trial court denied their various motions to dismiss the Indictment based upon their Bruen arguments. However, that issue has been preserved for appeal.
With regard to the recent sentencing in the case that proceeded before Judge Shan in the Northern District of Illinois, attorneys Leonard and Chivari argued that the Government’s argument to the Court that a sentence of 110 months was far greater than necessary to achieve any of the legitimate aims of sentencing. They focused on the fact that their client’s criminal history category (V) was substantially overstated in light of some relatively minor drug convictions, and a violation of pre-trial release in a State court case. That latter conviction cost the Defendant three points.
Attorneys Leonard and Chivari additionally stressed the efforts at self-rehabilitation that the Defendant made while in custody at the Chicago MCC. Those efforts included a sustained period of voluntary and unpaid employment within the MCC, including a promotion. The attorneys also emphasized the fact that the Defendant had a sparkling disciplinary history, as well as the fact that much of his time in custody at the MCC was during the Covid time period – which has been recognized by Judges in the Northern District as a factor in mitigation.
It should also be noted that the Defendant himself presented a strong case for mitigation and leniency by way of his allocution at the sentencing hearing. That allocution was fortified by the in-court statements made on his behalf by one of his sisters.
Judge Shah ultimately agreed with defense counsel’s position and imposed a sentence of 66 months – far less than the 110 months urged as appropriate by Government counsel. In so doing, Judge Shah did a great job of balancing all of the mitigation and 3553 factors against the Government’s arguments regarding the nature of the offense and the Defendant’s criminal history.
Michael Leonard
Matthew Chivari
Leonard Trial Lawyers
July 18, 2024