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.