Monthly Archives: April 2013

Defendant in Immigration Scheme Spared Jail Time

In U.S. v. N.B., the defendant was indicted for allegedly assisting her husband in orchestrating a massive immigration fraud scheme involving dozens of sham marriages. Pursuant to the sentencing guidelines and the statutory maximum, she was facing a prison term of five years. Attorney Dudley prepared a written presentation to the United States Attorney’s office detailing the evidential weaknesses of the prosecution’s case against her and various mitigating circumstances which applied to his client. As a result of the letter, the supervising prosecutor in the unit that was handling the case approved a settlement of the matter pursuant to which the defendant would receive a form of deferred adjudication, allowing her to avoid prison time and leaving her with a clean record after satisfaction of the deferment conditions.

Mr. Dudley Saves Truck Driver Charged with Transporting 79 kg of Cocaine from Harsh Prison Term

The defendant in S. v. A.R., was an interstate truck driver charged with transporting 79 kilograms of cocaine from the Southwest United States to North Carolina. Local law-enforcement officers seized the cocaine from a van which was parked near the defendant’s truck in an isolated warehouse lot late at night. They found the defendant trespassing and apparently hiding inside the warehouse. It looked as though the truck had been recently unloaded and a narcotics-sniffing canine alerted to the presence of drug particles within the truck. Attorney Dudley’s client, who had a prior conviction for attempted murder for which he had served eight years in state prison, was facing a potential sentence of approximately 30 years of incarceration under North Carolina law. The prosecution initially offered to resolve the case for 15 to 18 years. On Mr. Dudley’s advice, the defendant rejected that offer. After a year of off-and-on plea negotiations, it became clear that the defense was intent on taking its case to trial. Weeks before trial was set to commence, the prosecution finally agreed to a settlement acceptable to Attorney Dudley and his client. Under that agreement, the defendant received a prison term of 30 to 33 months and will be released before this year’s end.

Mr. Dudley Provides Post-Sentence Assistance to Defendant Accused of Cocaine Smuggling Conspiracy

The defendant in P. v. G.C. was investigated by a federal/state task force for orchestrating a conspiracy to distribute substantial amounts of cocaine from Mexico into Southern California. That investigation resulted in wiretaps of his and other co-conspirator’s  telephones. Those wiretaps captured multiple conversations in which the defendant directed others to distribute several hundred kilograms of cocaine. Eventually charged in California state court, the defendant, who already had one prior felony drug-trafficking conviction, faced a potential sentence of almost 30 years. Attorney Dudley, however, negotiated a disposition of only 9 years. With Mr. Dudley’s post-sentence assistance, under the state’s new realignment system, his client will probably qualify for programs which will reduce his actual time of incarceration to no more than 3 years.