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Federal Diversion in 1 Kilo of Cocaine Federal Drug Trafficking Case

This has been one of the most satisfying cases of my career. My Client made a mistake and was involved in a drug transaction for a kilo of cocaine in California. He cleaned himself up and enlisted in the Army and deployed to Afghanistan from July 3, 2008 through June 13, 2009.

He was engaged in the very dangerous job in Afghanistan, that of Forward Observer. A Forward Observer proceeds ahead of an infantry unit and finds the enemy. He then directs munitions to the enemy's location. This includes adjusting artillery/mortar rounds to the location of the enemy. He also calls in attack helicopters and fixed wing aircrafts for attack.

While in-country, he was involved in over 100 patrols, and over 150 fire missions. He returned from his tour, and got arrested on the drug charge.

I asked the US Attorney's office for diversion for our client. The US Attorney's Office can technically divert a case, but it does not happen (and I am only aware of it happening once in the last 7 years). After listening to me, and taking a long hard look at the Client's record, the US Attorney and her office, including a fantastic and talented Assistant US Attorney, took the brave and extraordinary step of diverting the case.

An amazing case. Our client is set to deploy again August 3rd now that this is resolved. God Bless Him.

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