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William Mallory Kent - Federal Criminal Appeal Lawyer - Florida Criminal Appeal Lawyer - Habeas Attorney - Federal Criminal Trial Lawyer
June 30, 1999 - June 30, 2009 - Tenth Anniversary of Our Current Office - Thirty-one Years Experience as a Lawyer - Admitted to the Florida Bar 1978
Hear Mr. Kent's oral
argument at the United States Supreme Court in
Terry Lynn Stinson v. United States
1932 Perry Place
Jacksonville, Florida 32207-3443
904-398-8000 Telephone
904-662-4419 Cellphone
904-348-3124 Fax
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TABLE OF CONTENTS - SAMPLE BRIEFS - RESUME AND EXPERIENCE - LEGAL NEWS
As of November 12, 2008, William Kent has been attorney of record on 318 criminal appeals, consisting of 202 federal criminal appeals and 116 state appeals.
RECENT APPELLATE, POST CONVICTION AND SENTENCING NEWS FROM OUR CASES
The appellate and
post-conviction relief wins cited below are not meant to indicate that if you
retain Mr. Kent that he will necessarily be able to win your case. Most
appellate and post-conviction cases result in adverse decisions, meaning that
the client loses, and the majority of state appellate cases are decided by the court
without a published decision, referred to as a per curiam affirmed
decision sometimes leaving the client with no further avenue of relief.
However, this harsh reality makes it all the more important that a client choose
his or her appellate or post-conviction counsel carefully, to insure that the
best possible appellate or post-conviction brief or motion is presented to the
court to increase the chance of success in what is in any event a difficult
process. Mr. Kent cannot assure any client of success in his or her appeal
or post-conviction proceeding but can only assure the client that he will use
his very best efforts to achieve the best possible outcome for the client.
A
U.S. Department of Justice study done in 2000 for all federal criminal appeals
from 1985-1999 showed that defendants had a substantially better chance of
reversal on appeal if they had privately retained counsel than if they used
court appointed counsel.
To see the DOJ study, click
http://www.ojp.usdoj.gov/bjs/pub/pdf/fca99.pdf.
January 27, 2010, Dade County, Florida (Miami) Circuit Court grants Mr. Kent's combination 3.850/3.800 Motion to Vacate and Set Aside client Pedro Alonso's admission of violation of probation for trafficking in cocaine, and reduces sentenced from five years to time served. Click here for a copy of the motion Mr. Kent filed. Mr. Alonso was represented by local counsel, Julio Perez for the hearing on the motion, who negotiated the time served sentence after the state acknowledged that Mr. Alonso was entitled to withdraw his admission of violation of probation and that the original sentence was improperly calculated.
January 19, 2010, United States Supreme Court granted certiorari and vacated the judgment of the Eleventh Circuit Court of Appeals, which had denied relief to Mr. Kent's client, Demarick Hunter, on his 28 U.S.C. 2255 habeas challenge to his Armed Career Criminal sentence. The Supreme Court directed the Eleventh Circuit to reconsider its decision in light of the position taken by the Solicitor General of the United States (which supports relief for Mr. Hunter). Mark Harris and Emily Stern of Proskauer Rose, New York, and Professor Doug Berman of the Sentencing Law and Policy Blog are co-counsel on this case.
December 2009 - The incredible story of one man's struggle for justice, how Willie Lee Slater spent eleven years in Florida State Prison before being declared actually innocent and released. Click here to learn about Mr. Slater's case.
Susan Davis, Willie Lee Slater and William Kent at Mr. Kent's Office after Mr. Slater was released from Florida State Prison
December 12, 2009 - State concedes error accepting Mr. Kent's argument on appeal that evidence was legally insufficient to support trial verdict. [If the client consents, we will post a copy of the State's concession.]
October 20, 2009, Florida First District Court of Appeal reverses and remands with instructions to strike violent habitual felony offender sentence for Mr. Kent's client, Renardo Clark. This amendment to the sentence is not meaningful at this time, but may later be significant if we are able to successfully challenge Mr. Clark's additional PRR sentence. That challenge has not yet been filed.
October 14, 2009, Florida Statewide Prosecutor agrees to compromise settlement of state post-conviction claim of client in 3.850 proceeding challenging voluntariness of guilty plea in marijuana trafficking case, where original trial lawyer failed to consider challenge to lack of probable cause for order placing GPS tracking device on client's vehicle.
October 8, 2009, Florida District Court of Appeal on rehearing reaffirms in part earlier decision granting Mr. Kent's client Paul Cross a de novo resentencing in armed robbery case based on sentencing court's misunderstanding of availability of sentence below the statutory minimum mandatory.
September 2, 2009, United States District Court grants federal habeas (2255 petition) for belated appeal for Mr. Kent's client, Troy Slay.
August 21, 2009, Seventh Circuit Court of Appeals, Chicago, Illinois, grants Certificate of Appealability authorizing an appeal of a denial of a federal habeas (2255) for Mr. Kent's client on issue of claimed denial of right to counsel at sentencing in heroin conspiracy case, Angel Figueroa v. United States.
July 24, 2009, Supreme Court orders Solicitor General to file response to petition for certiorari for Mr. Kent's client, Jerry Smith on question whether a conviction for purchase, sale or delivery of cocaine under Florida law is a serious drug offense for purposes of the federal Armed Career Criminal statute. Jerry Smith v. United States, Case No. 09-5035, United States Supreme Court. Click here to see the docket and case status: http://origin.www.supremecourtus.gov/docket/09-5035.htm
July 21, 2009, Florida First District Court of Appeals issues Toler order [Toler v. State, 493 So. 2d 489 (Fla. 1st DCA 1986)] in appeal for Mr. Kent's client Renardo Clark, challenging Prison Releasee Reoffender (PRR) sentence. Issuance of a Toler order indicates that the court of appeals presumptive conclusion is that the defendant is entitled to relief sought in appeal.
July 9, 2009, Federal Eleventh Circuit Court of Appeals reverses and remands for resentencing in Mr. Kent's appeal for Kim Danner, finding a four level guideline error as well as a Dale-Rhynes error (multiple drugs alleged as objects of drug conspiracy, but general jury verdict, statutory maximum penalty is limited to penalty applicable to least serious of the multiple drugs alleged). This case arose in the United States District Court in Huntsville, Alabama.
July 8, 2009, The Florida First District Court of Appeal reversed the trial court's denial of Mr. Kent's post-conviction habeas motion for client Paul Cross, remanding for resentencing based on the trial court's misapprehension of its sentencing authority in this case involving a guilty plea to three armed robberies. Court in fact could have departed below what it thought was a ten year minimum mandatory. Click here for a copy of the decision.
Mr. Kent represents Demarick Hunter in his effort to set aside his Armed Career Criminal sentence. The United States Supreme Court granted certiorari and remanded Mr. Hunter's case to the Eleventh Circuit for further consideration of his claim that carrying a concealed weapon is not a violent felony for purposes of enhancement under the Armed Career Criminal Act, in light of the Supreme Court's decision in Begay. The Eleventh Circuit, however, without requesting supplemental briefing, again denied relief in a published decision holding that even assuming his sentence is illegal and in excess of the statutory maximum, because the offense of carrying a concealed weapon is not a violent felony under Begay, Hunter cannot establish a substantial constitutional claim (and therefore is not entitled to a certificate of appealablity (COA), rejecting Hunter's argument that a sentence which exceeds a statutory maximum violates due process. This remarkable decision attracted some attention in sentencing circles. Thereafter Mr. Kent was contacted by Mark Harris at Proskauer Rose in New York and Prof. Douglas Berman (of the Sentencing Law and Policy Blog fame), who offered to assist in the new certiorari petition. Before that petition could be filed, however, the Solicitor General filed a responsive brief in Darian Antwan Watts v. United States, 08-7757, in which the Government argued that the Supreme Court should grant certiorari in Watts' case (which raises a claim similar to Hunter's) and remand to the Eleventh Circuit with instructions to grant Watts a COA. In the response the Solicitor General argues that Hunter was wrongly decided by the Eleventh Circuit, that imposition of a sentence in excess of a statutory maximum states a substantial due process claim, and that the Begay holding applies retroactively in the context of Armed Career Criminal sentencing errors. Watts is represented by Greg Poe of Robbins Russell Englert Orseck Untereiner & Sauber in Washington, DC. Mr. Poe filed a reply arguing for summary reversal, not a simple GVR. The Watts case is conferenced for June 4th, 2009. After the Court's action is published the following Monday, June 8th, we will take a decision on the approach to take with Mr. Hunter's new certiorari petition. A copy of the Solicitor General's responsive brief in Watts is found here.
April 29, 2009, Assistant Attorney General Lanny A. Breuer, head of the criminal division of the DOJ, testified before the Senate Judiciary Committee subcommittee on crime and drugs, and advised the committee the position of the DOJ is that the minimum mandatory crack cocaine penalties and guideline ranges should be made consistent with powder cocaine, and that this change should be made retroactive. See his prepared remarks here.
February 19, 2009, federal Court of Appeals grants certificate of appealability ("COA") on obstruction of justice sentencing issue for Mr. Kent's client, Lucious Lattimore.
January 13, 2009, Government conceded Mr. Kent's client, Troy Slay, is entitled to federal habeas relief in a response to a 2255 petition filed by Mr. Kent. This 2255 petition seeks a belated direct appeal. The underlying appellate merit issue is a claim that the district court breached Mr. Slay's plea agreement. Click here for the Government's response.
November 17, 2008, the United States Supreme Court grants certiorari for Mr. Kent's client, Demarick Hunter, and remands his case to the Eleventh Circuit for further consideration in light of Begay v. United States. Mr. Hunter was appealing the denial of a federal habeas petition under 28 U.S.C. Section 2255, challenging his Armed Career Criminal sentence which had been predicated in part on a prior conviction for a firearm offense. Here is the Court's summary order:
07-11550 HUNTER, DEMARICK V. UNITED STATES The motion of petitioner for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Eleventh Circuit for further consideration in light of Begay v. United States, 553 U.S. ___ (2008).
October 28, 2008, Florida state Court judge grants habeas (3.850 post-conviction relief motion) for Mr. Kent's client vacating guilty plea and conviction based on defective plea colloquy. This conviction prevented the client from obtaining employment with company that required business travel to Canada, due to Canadian immigration restrictions.
October 20, 2008, Solicitor General of the United States files Brief in Demarick Hunter v. United States, asking the Supreme Court of the United States to grant Mr. Kent's client, Demarick Hunter's petition for certiorari and remand his case to the Eleventh Circuit for further consideration in light of Begay v. United States, 128 S.Ct. 1581 (2008) and the Eleventh Circuit's decision in United States v. Archer, 531 F.3d 1347 (11th Cir. 2008), that under Begay, the crime of carrying a concealed firearm is not a "crime of violence" for purposes of the 15 year minimum mandatory penalty of the Armed Career Criminal Act.
October 1, 2008, District Judge reduces client James Stratton's sentence at Kimbrough resentencing from 235 months to 100 months. This resentencing came about after a second resentencing appeal by Mr. Kent in which Mr. Kent raised a Kimbrough issue before Kimbrough had been decided. The 11th Circuit initially denied relief based on widespread circuit precedent that district courts were without authority to consider the crack/powder ratio disparity even under Booker. Mr. Kent then petitioned the Supreme Court for certiorari - all before Kimbrough was decided - certiorari was granted in light of the subsequent intervening Kimbrough decision, and the case was remanded. The Government continued to oppose remand for resentencing at the 11th Circuit even after the Supreme Court remanded the case, but the 11th Circuit ordered resentencing. At the resentencing the Government argued against any reduction in sentence in excess of that permitted by Amendment 706 (only two levels), but Mr. Kent argued for a 1:1 ratio sentence and the district court reduced the sentence to a level close to the 1:1 ratio, reducing the sentence approximately 10 levels.
September 25, 2008, Circuit Court in Orlando, Florida vacated felony arson conviction and four year prison sentence, eleven year probation order and $30,000 restitution order, based on claim of ineffective assistance of counsel, based on a state habeas (3.850) motion filed by Mr. Kent. Client was released from prison and court reset bail at $7,500. Click here to see the court's order.
September 3, 2008 Eleventh Circuit Court of Appeals in case number 07-13592-AA granted Mr. Kent's client a certificate of appealability ("COA") for an appeal of a federal habeas petition under 28 U.S.C. 2255 arising out of the Southern District of Florida, involving three issues, including whether an ice pick is a "dangerous weapon" for purposes of 49 U.S.C. § 46505(b)(1), which prohibits carrying a concealed dangerous weapon on board a commercial passenger jet.
August 25, 2008, District Court for the Northern District of Florida on remand for resentencing reduces Mr. Kent's client's sentence to "time served" after successful petition for certiorari to the United States Supreme Court and subsequent successful remand to the Eleventh Circuit on guideline issue of application of "crime of violence" enhancement under U.S.S.G. Section 2L.
July 14, 2008, Eleventh Circuit Court of Appeals in case number 08-11048-JJ granted a COA for an appeal of Mr. Kent's client's federal habeas petition (2255), concerning a procedural bar under Bousley and the validity of a guilty plea when restitution was imposed contrary to the plea agreement; both issues arose out of a pro se 2255 petition that was summarily denied at the United States District Court for the Southern District of Florida, at which point Mr. Kent was retained to brief the request for COA.
July 3, 2008, Florida Fifth District Court of Appeals reversed the trial court in Orlando on its denial of a state 3.850 post-conviction relief motion in Robert Joab Miranda v. State, a case in which our client was convicted at trial of the arson of a police patrol car.
June 23, 2008, Eleventh Circuit Federal Court of Appeals remands Mr. Kent's client, Oscar Arreguin-Aguilar, for resentencing based on successful appeal to the United States Supreme Court. This should amount to a time-served sentence.
May 27, 2008, Supreme Court of the United States granted Mr. Kent's petition for certiorari filed on behalf of Oscar Arreguin-Aguilar and vacated his judgment and sentence and remanded to the Eleventh Circuit for further proceedings. Here is the Court's order:
TUESDAY, MAY 27, 2008 CERTIORARI -- SUMMARY DISPOSITIONS 07-9390
ARREGUIN-AGUILAR, OSCAR V. UNITED STATES
The motion of petitioner for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Eleventh Circuit for further consideration in light of the position asserted by the Solicitor General in his brief for the United States filed April 21, 2008.May 12, 2008, Board of Immigration Review vacates its prior deportation/removal order against our client Roberto Campuzano based on Mr. Kent's successful 3.850 motion challenging an underlying felony conviction. Mr. Campuzano was represented at the Board of Immigration Review by attorney David Vedder, a board certified immigration attorney in Daytona Beach, Florida. Click here for a copy of the order.
April 21, 2008 the Solicitor General of the United States files brief in support of Mr. Kent's petition for certiorari filed on behalf of client Oscar Arreguin-Aguilar, which argued that 11th Circuit Court of Appeals misapplied United States Sentencing Guidelines section 2L1.2's definition of "crime of violence" in enhancing Mr. Arreguin-Aguilar's sentence 16 level's for a prior felony conviction for carrying a concealed firearm. The Solicitor General argued in its brief that the petition for certiorari should be granted and the judgment of the 11th Circuit vacated. If the Supreme Court accepts the SG's recommendation, it should result in Mr. Arreguin-Aguilar's release upon resentencing.
March 13, 2008, Eleventh Circuit Court of Appeals ordered resentencing for Mr. Kent's client, Joseph Stratton, after supplemental briefing on Kimbrough issue. The Stratton decision was highlighted in Prof. Doug Berman's Sentencing Law and Policy Blog March 13, 2008 as a notable Kimbrough application.
March 6, 2008 United States District Court grants COA in federal habeas (2254) of state homicide case.
February 28, 2008, Florida Circuit Court in West Palm Beach granted 3.800 motion for client Christopher Reinhart, reducing his sentence five years. This sentence reduction came more than fifteen years after the original guilty plea and sentencing and was based on a claim of fundamental sentencing error. The fundamental sentencing error was a double jeopardy problem arising out of a Quarterman sentencing proceeding.
February 22, 2008, Florida Circuit Court in Volusia County granted 3.850 motion for client Roberto Campuzano based on Peart claim. Mr. Campuzano was transported to the 3.850 hearing from ICE custody in Texas where he faced imminent deportation for this conviction which was set aside today.
January 7, 2008, the United States Supreme Court granted certiorari, and vacated the judgment and conviction of Mr. Kent's client, Joseph Stratton, for further consideration in light of Kimbrough v. United States, which held that a district court was free to disregard the 100:1 crack to powder guideline ratio. Unlike persons who simply file a 3582 motion under the new crack guideline amendment, Mr. Stratton will now be entitled to a de novo resentencing and may have his sentence reduced more than the two levels under the new guideline. Mr. Kent was one of the first attorneys to challenge the 100:1 ratio restriction on Booker grounds at the Supreme Court and had filed his petition for Mr. Stratton before certiorari was granted on Kimbrough.
November 7, 2007, State concedes Mr. Kent's 3.800 motion agreeing that client's sentence imposed fifteen years ago violated double jeopardy and must be reduced by five years.
June 22, 2007 - Federal Court of Appeals denies Government motion to dismiss belated appeal Mr. Kent won for his client in a habeas proceeding. The Government had challenged the District Court's jurisdiction to grant the belated appeal, which the court did relying on Mr. Kent's novel argument of first impression that Barnes v. Jones does not apply to the failure of appellate counsel to challenge a count of conviction. [Update: at the Eleventh Circuit the three judge panel denied relief stating that "nothing was right in the district court's order." We have filed a petition for certiorari and it is awaiting conference.]
June 11, 2007, Federal Eleventh Circuit Court of Appeals grants COA on federal habeas alibi issue challenging life sentence for state armed robbery conviction.
May 29, 2007, State Circuit Court in Sarasota, Florida grants Mr. Kent's 3.850 post conviction motion for client Jason Dostie, reducing sentence from 15 years to 10 years Florida State Prison. The issue in this case was a common one, involving the failure of trial counsel to properly advise a client of the potential for a sentencing enhancement prior to the client rejecting a state plea offer. We have had success with variations of this claim in a number of cases.
May 23, 2007 -The BNA Criminal Law Reporter highlighted Mr. Kent's certiorari petition for his client Joseph Stratton. The petition raises the following questions:
(1) Did application of United States v. Booker, 543 U.S. 220, 76 CrL 251 (2005), remedy result in de facto Sixth Amendment violation? (2) Under reasoning of Apprendi v. New Jersey, 530 U.S. 466, 67 CrL 459 (2000), Ring v. Arizona, 536 U.S. 584, 71 CrL 373 (2002), Blakely v. Washington, 542 U.S. 296, 75 CrL 284 (2004), and Booker, must any fact essential to imposition of sentence be established by proof beyond reasonable doubt? (3) Did use of 100:1 crack to powder cocaine ratio in determining guideline range on facts of defendant's case result in unreasonable sentence and did district court err in concluding that under Booker it was not free to disregard guideline-mandated disparity? [June 11, 2007 the Supreme Court granted certiorari in Kimbrough v. United States, which raises the crack v. powder cocaine disparity issue.] The Supreme Court later granted certiorari on this petition and remanded the case for further consideration in light of Kimbrough.
May 2, 2007 - Anonymous client of Mr. Kent released from federal penitentiary where he was serving a natural life sentence based on a Rule 35 motion, in which Mr. Kent persuaded the Government and court that the Government had the legal authority to file the motion and the court had the authority to grant the motion reducing an "old law" sentence.
April 26, 2007 - Government loses its appeal of Booker resentencing in which district court had dramatically departed from 11 years to 4 years in ecstasy drug conspiracy case. Mr. Kent wrote the winning brief upon which the court of appeals upheld the district court's extraordinary downward departure. The decision can be found at the court's webpage in the daily log for April 26.
March 28, 2007, federal district court vacates mandatory life sentence for Henry Manns, who was convicted after trial for heading a cocaine conspiracy known as "the Miami Boys."
January 30, 2007, federal district court, the Honorable Harvey E. Schlesinger, reduced Avise Hunter's sentence from mandatory life to ten years imprisonment (29 year old client has already served six years leaving two years nine months to be served) after life sentence in drug conspiracy case was vacated based on Mr. Kent's pro bono 2255 petition arguments. This reduction was based purely on legal arguments regarding the sentence and was not based in any way on substantial assistance. The client refused to provide substantial assistance. - Judge Schlesinger deserves recognition for this good deed. After Amendment 706 (the crack amendment) this client was released with time served. From natural life to time served - a dramatic turn around for a client who went to trial and was convicted in a crack cocaine conspiracy and who never engaged in substantial assistance.
January 12, 2007, District of Columbia Circuit Court of Appeals orders Booker resentencing for client sentenced to life imprisonment in heroin conspiracy case (but otherwise affirms convictions and appeal following first resentencing). In a special concurring opinion, Judge Kavanaugh added some interesting observations in response to my argument that the Booker remedy provision itself was unconstitutional. [Update - At resentencing Mr. Kent negotiated with the Department of Justice and obtained an offer to a term of thirty years, despite the fact that the court had twice before imposed life sentences and the client had put the government to trial in a series of trials which lasted six months and included the indictment of a person in the United States Attorney's Office for having provided information about ongoing wiretap information to the defendant. By the time of this third sentencing the client, who was in his 30s, had served ten years in prison, thus would have faced release in approximately 14 years. The client refused the offer and the case is again on appeal.]
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Mr. Kent has been a member of the Florida Bar since 1978. He graduated from Harvard College, A.B. cum laude, 1975, and the University of Florida College of Law, J.D. with honors, 1978. Mr. Kent has an AV rating, the highest rating available from Martindale-Hubbell. Mr. Kent has been a continuing legal education lecturer for the Florida Bar, the Federal Criminal Justice Act training program, the Florida Association of Criminal Defense Lawyers, and others. Mr. Kent has been a member of the Florida Bar Appellate Court Rules Committee. He is a past President of the Northeast Florida Chapter of the Florida Association of Criminal Defense Attorneys. There is no charge for initial in-office or telephone consultations. Please call 904-398-8000 to schedule an appointment or email your inquiry to: kent@williamkent.com.
William Mallory Kent is a noted criminal appeal and habeas lawyer, having argued and won the precedent setting federal sentencing guidelines appeal case, Stinson v. United States before the United States Supreme Court, which has been cited by hundreds of courts in cases across the country, including having been cited by the Supreme Court in both Blakely v. Washington and United States v. Booker, the two cases that revolutionized criminal sentencing.
He has numerous other published criminal appeal and habeas decisions to his credit, including United States v. Willie Washington, the Eleventh Circuit criminal appeals case which held that drug enforcement bus passenger searches were per se unconstitutional. This decision, which was profiled by Harvard Law Review, resulted in many similar convictions being set aside.
William Mallory Kent has a reputation for excellence in federal and state criminal appeals and post-conviction relief, from direct appeal of sentencing or trial errors, to subsequent habeas motions under 28 U. S. C. Sections 2241, 2254, 2255, or Rule 60(b), as well as comparable state provisions such as Rule 3.800 and Rule 3.850 of the Florida Rules of Criminal Procedure, and Habeas Petitions for Ineffective Assistance of Appellate Counsel. As of November 12, 2008, William Kent has been attorney of record on 318 criminal appeals, consisting of 202 federal criminal appeals and 116 state appeals.
This webpage contains a Briefbank containing sample briefs and motions that William Kent has prepared for clients. If you are interested in seeing a sample of his work, click here.
William Mallory Kent is also noted for his sentencing expertise and is often consulted or retained for the sentencing proceeding as well as the sentencing appeal. For more information about how he can assist you with sentencing, or an appeal or post-conviction relief matter, federal or state, call William Kent at 904-398-8000 or email him at kent@williamkent.com. For additional general criminal appeal and habeas information click on Appeal Information.
To see a sample recent federal brief, click here. To see more sample briefs, state and federal go to our brief bank page.
Stinson v. United States, 508 U.S. 36 (United States Supreme Court, 1993); United States v. Thigpen, 4 F.3d 1573 (11th Cir. en banc 1994); United States v. Herman Venske, William McCorkle, et al. 15 Fla. L. Weekly Fed. C 765, 2002 WL 1491640 (11th Cir. July 12, 2002); United States v. Bull, 214 F.3d 1275 (11th Cir. 2000); United States v. MacAllister, 160 F.3d 1304 (11th Cir. 1998); United States v. Washington, 151 F.3d 1354 (11th Cir. 1998); United States v. Grimes, 142 F.3d 1342 (11th Cir. 1998); United States v. Lopez-Iraeta, 136 F.3d 143 (11th Cir. 1997); Anderson v. Singletary, 111 F.3d 801 (11th Cir. 1997); United States v. Stinson, 97 F.3d 466 (11th Cir. 1996); United States v. Hofierka, 92 F.3d 108 (11th Cir. 1996); United States v. Wescott, 83 F.3d 1354 (11th Cir. 1996); United States v. Hofierka, 83 F.3d 357 (as amended and as modified on denial of rehearing)(11th Cir. 1996); United States v. Brown, 71, F.3d 845 (11th Cir. 1996); United States v. Stinson, 30 F.3d 121 (11thCir. 1994); United States v. Be.., 22 F.3d 274 (11th Cir. 1994); United States v. Williams 958 F.2d 337 (11th Cir. 1992); United States v. Stinson, 957 F.2d 813 (11th Cir. 1992); United States v. Young, 953 F.2d 1288 (11th Cir. 1992); United States v. Stinson, 943 F.2d 1268 (11th Cir. 1992); United States v. Gilbert, 942 F.2d 1537 (11th Cir. 1991); United States v. Lazarchik, 924 F.2d 211 (11th Cir. 1991); United States v. McCorkle, 143 F. Supp. 2d 1311 (M.D.Fl. 2001); United States v. McCorkle, 143 F. Supp. 2d 1311 (M.D.Fl. 2000); United States v. McCorkle, 78 F. Supp. 2d 1311 (M.D. Fl. 1999); United States v. Grimes, 911 F. Supp 1485 (M.D.Fl. 1995); Castro v. State, 794 So. 2d 680 (Fla. 2nd DCA 2001); Holcombe v. State, 553 So. 2d 1337 (Fla. 1st DCA 1989).
WILLIAM KENT has thirty years experience as an attorney. He graduated from Harvard University with honors, then returned to his home in Florida to attend the University of Florida College of Law, graduating with honors in 1978. Prior to starting his boutique criminal defense appellate practice in 1999, Mr. Kent served for ten years as an Assistant Federal Defender handling a multitude of cases across the largest district in the United States. He is experienced in all phases of federal practice, from pre-indictment consultations, grand jury practice, motion hearings, and pretrial negotiations, to trials and appeals.
Before starting criminal defense practice, Mr. Kent was a senior associate at Rogers & Wells, working in both the Los Angeles and New York offices, where he handled complex corporate investment matters. Rogers & Wells subsequently merged with the British firm Clifford Chance and is now known as Clifford Chance and is one of the largest law firms in the world, headquartered in London,
Mr. Kent's current practice focus is on appeals and post-conviction relief in criminal cases, which generally comprise 85% or more of his case load, but In the past fifteen years, Mr. Kent has also served as lead trial counsel in numerous federal criminal cases of all types, obtaining successful outcomes in cases ranging from bank fraud to drug conspiracy.
His unique combination of trial, appellate and complex corporate experience gives him a special advantage in advising his clients on the best course of action when confronted with federal criminal charges.
You can put this training, education and experience to work for you in your case. Call 904-398-8000 or email Mr. Kent at kent@williamkent.com for a free initial consultation.
July 24, 2004 - Motion to vacate plea in burglary case based on argument that plea was involuntary due to defendant being under medication at time of plea results in compromise settlement with state and ten year reduction in sentence.
June 30, 2004 - Florida state court sets aside guilty plea, conviction and sentence for DUI with accident based on Mr. Kent's post-conviction motion challenging inadequate plea colloquy.
May 13, 2004 - Florida Circuit Court sets aside illegal sentence for client Brandy Edwards, based on Mr. Kent's argument that the court was limited in violation of probation proceeding to imposition of a sentence of imprisonment no greater than that which had previously been suspended. Court reduced sentence from 21 to 13 months based on this argument.
April 8, 2004 - Eleventh Circuit Agrees with Mr. Kent's Sentencing Argument for client B. D. - B. D. was convicted of making a false statement in connection with the purchase of a number of firearms, one of which was a banned AK-47 assault weapon. However the particular weapon was a "grandfathered" in pre-ban weapon. Mr. Kent argued that the sentencing commission's guidelines were inconsistent with the predicate federal statute, which makes a distinction between banned versus grandfathered assault weapons. The district court disagreed. The difference took B. D. from what would have been a probation sentence to almost three years in prison. In a published decision the Eleventh Circuit on April 8, 2004 agreed with Mr. Kent's argument.
February 2, 2004, Federal Eleventh Circuit Court of Appeals reversed mandatory life sentence imposed under drug three strikes law in cocaine conspiracy case against Mr. Kent's client Charles Coleman. Click here to read decision.
The United States District Court for the Middle District of Florida granted a motion to withdraw plea filed after the presentence investigation report had already been completed, on the basis of a claim that the original attorney for the defendant had misadvised the defendant as to the potential application of the sentencing guidelines, despite the fact that the magistrate judge had repeatedly advised the defendant during a lengthy and extensive plea colloquy that such advice of counsel was only an estimate and if it were wrong would not be a basis to withdraw his plea.
Twenty-two year cocaine trafficking conviction reversed by First District Court of Appeal February 6, 2003, Reyneldon Davis v. State of Florida based on illegal search and seizure of 2.2 kilograms of cocaine. To see the winning brief of Mr. Kent click here - to see Mr. Kent's reply brief which destroyed the State's "Tipsy coachman" argument, click here.
The United States District Court for the Middle District of Florida terminated an order of restitution in a fraud case relieving Mr. Kent's client of an approximate $100,000 restitution balance based on Mr. Kent's motion grounded on the authority of Title 18 U. S. C. Section 3664(k). This order, which modified the client's probation, was entered approximately two years after the original sentencing.
The Florida Fourth Judicial Circuit in its capacity as a Court of Appeals reversed on appeal the lower court's decision denying Mr. Kent's client's 3.850 motion to withdraw his plea to a fourth DUI, entered seven years earlier, resulting in the permanent, lifetime revocation of his driving license. The appellate issue was the failure of the trial court to clearly advise the defendant of the duration of the loss of his driving privileges. The result of this appellate decision is that the client will be entitled to the reinstatement of his driving license, which had been revoked for life. To see the winning brief, click here. To see Mr. Kent's reply brief which overcame the State's answer brief, click here.
A Florida County Court granted Mr. Kent's client's Brady motion under Rule 3.850 setting aside a prior no contest plea to a DUI following a minor accident based on the invalidity of the alcohol reference solutions used in certifying the accuracy of the breath test machine in the case. The unique feature of this case was that the state had expressly advised the trial court that the breath test in this case was not subject to this Dauth challenge because it was outside the window of application of Dauth. The state later entered into a consent order that extended the Dauth window in certain cases which included this case.
The federal Eleventh Circuit Court of Appeals reversed the sentencing of Mr. Kent's client Sylvestre Barrera who was convicted after trial of conspiracy to distribute a large quantity of marijuana and possession with intent to distribute marijuana, in an unpublished decision remanding the case for resentencing as to both an unobjected to criminal history matter and as to an objection to an enhancement on the basis of constitutionally unreliable hearsay.
The federal Eleventh Circuit Court of Appeals vacated the sentence for Mr. Kent's client, infomercial king William J. McCorkle, and ordered a resentencing in a decision published July 12, 2002. This sentencing appeal victory was accomplished despite the fact that the sentencing error had not been objected to at the trial court level by Mr. McCorkle's trial attorney, F. Lee Bailey. Click here to read the decision.
Mr. Kent has been a member of the Florida Bar since 1978. He graduated
from Harvard College, A.B. cum laude, 1975, and the University of Florida
College of Law, J.D. with honors, 1978. Mr. Kent has an AV rating, the highest
rating available from Martindale-Hubbell. Mr. Kent has been a
continuing legal education lecturer for the Florida Bar, the Federal Criminal
Justice Act training program, the Florida Association of Criminal Defense
Lawyers, and others. Mr. Kent is a member of the Florida Bar Appellate
Court Rules Committee. He is the immediate past President of the Northeast
Florida Chapter of the Florida Association of Criminal Defense Attorneys. There is no charge for initial in-office or telephone consultations.
Please call 904-398-8000 to schedule an appointment or email your inquiry
to: Email Contact - Click Here.
The Supreme Court
made clear January 26, 2009, what it said in
Rita:that the federal sentencing guidelines
must not be presumed reasonable
and when a sentencing court starts with that proposition, its sentence must be
reversed.
Nelson v.
United States.
Kent's Criminal Defense Links
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Federal Prison Guidebook - 2002 Edition, a 350-page manual that contains comprehensive descriptions of every federal prison facility in the United States. This book, written by Alan Ellis, Esq..
Jailhouse Lawyers Manual (4th Edition) which is published by the Columbia Human Rights Law Review, Box B-25, Columbia University School of Law, 435 West 116th St., New York, NY 10027.
Federal
Cure (Citizens United for Rehabilitation of Errants Federal Prison
Chapter) - a non-profit organization that deals solely with issues faced by
Federal inmates and their families. In addition to the Web site it maintains at
www.fedcure.org, it publishes a worthwhile newsletter.
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St. Mark, Patron Saint of Prisoners and Lawyers
One of the criminals who were hanged railed at him, saying, "Are you not the Christ? Save yourself and us!" But the other rebuked him, saying, "Do you not fear God, since you are under the same sentence of condemnation? And we indeed justly; for we are receiving the due reward of our deeds; but this man has done nothing wrong." And he said, "Jesus, remember me when you come into your kingdom." And he said to him, "Truly, I say to you, today you will be with me in Paradise." (Luke 23:39-43)
This page last edited: 01/28/10 09:21:56 AM
From October 2, 2003
William Kent, Federal Criminal Appeals and Post-conviction Relief
http://www.williamkent.com Best criminal appeal and habeas lawyer for federal and Florida criminal appeals and habeas petitions, 2255, 2254, 3.850, 3.800. Contact William Kent at
904-398-8000
or email kent@williamkent.com
