In the recent appellate case United States v. Victor Otero-Pomares, No. 15-13024, Attorney Nicholas Matassini secured a pivotal victory before the 11th Circuit Court of Appeals, achieving a vacated and remanded sentence for his client. Matassini, representing a poor Colombian fisherman with no prior criminal history or local ties, challenged the 19-year sentence imposed by the trial court. Throughout the proceedings, Matassini argued that the trial court failed to properly account for his client’s individual characteristics and mitigating factors, instead imposing a broad, identical sentence on each mariner convicted in the case.
During oral argument, Matassini emphasized the critical need for individualized findings regarding the weight of drugs attributable to each defendant, a standard that was overlooked in the original sentencing. The appellate court agreed, ruling that the trial court committed legal errors by not making specific, personalized considerations and by assigning a blanket sentence without assessing the distinct circumstances of each defendant.
This victory underscores Matassini’s commitment to ensuring just sentencing practices and his adept skill in appellate advocacy, particularly in the complex arena of federal maritime drug cases. It serves as a rare and significant win for those convicted of drug trafficking offenses on international waters.
Our law firm has earned over 300 five-star Google reviews, a testament to our dedication to every client’s case. With a team of former prosecutors, we bring insider knowledge to each appellate matter, scrutinizing trial records and decisions to uncover every possible angle for relief. If you seek experienced, relentless appellate representation in state or federal criminal matters, contact Nicholas Matassini, Board Certified Criminal Trial Lawyer, to learn more about how we can advocate for you at the appellate level.