Category: Federal Appeals

United States v. DeFreitas, 29 F.4th 135 (3d Cir. 2022) FEDERAL APPEALS COURT THROWS OUT BRIBERY CONVICTION Client was convicted after a […]

Client was convicted of kidnapping and brandishing a firearm in the commission. Criminal appeals attorney Richard Della Fera challenged the firearm conviction based on recent changes in law stemming from the United States Supreme Court. The Eleventh Circuit agreed and reversed the conviction on the brandishing a firearm charge and the 7 year mandatory minimum sentence was vacated.

At sentencing, the judge refused to impose the least sentence possible under the law by claiming that Client was not only involved in the sale of powder cocaine but crack cocaine as well.

United States v. Aunspaugh, 792 F.3d 1302 (11th Cir. 2015) IMPROPER JURY INSTRUCTION RESULTS IN OVERTURNED FEDERAL CONVICTION AND SENTENCE Client was […]

Clients were convicted of first degree murder and sentenced to life without parole. Clients hired Criminal Defense Attorney Richard Della Fera to appeal the convictions.

Clients were family members of a convicted defendant in Tampa who had their property seized by the government. Clients retained Criminal Appeals attorney Della Fera to represent them on the issue of forfeiture of property.

Client convicted and sentenced to eleven years imprisonment in federal court for possession with intent to distribute a controlled substance analogue. Client sold candle wax to an undercover officer claiming it to be crack cocaine. The government convicted on the basis that this was a violation of the statute prohibiting the sale of controlled substance analogue. Client hired Criminal Defense attorney Della Fera to argue the appeal. Della Fera researched the statute’s legislative history and argued that the intent of Congress in enacting the law was not to criminalize the sale of counterfeit controlled substances but instead was meant to criminalize the sale of so-called “designer drugs.” The court agreed and vacated the conviction and the client was freed from custody and his civil rights fully restored.

A young mother was convicted of a currency transaction violation and received the maximum guideline sentence (6 months in prison) because she refused to give information regarding her husband. Criminal Defense Attorney Della Fera appealed the sentence.

Client previously convicted of telemarketing fraud in Ft. Lauderdale and sentenced to 5 years of prison time. Client hired Criminal Defense Attorney Della Fera to appeal his conviction.

After client pleaded guilty in a major federal marijuana distribution case, the probation officer’s presentence report noted that agents had found 89 empty plastic wrappers with marijuana residue in client’s residence which equated to approximately 170 kilograms of marijuana.