Criminal defendant spared ten-year mandatory minimum sentence
Clients Kozina, Paul Anthony
In the United States v. Kozina, Jones Day San Francisco associates Doug Roberts and Amanda Ose McCullum, worked on a criminal matter in which our client, Paul Kozina, was charged with conspiracy to distribute methamphetamine and possession of methamphetamine with intent to distribute. The conspiracy charge carried a mandatory minimum sentence of ten years' imprisonment. The impact that kind of sentence would invariably have on our client and his family was a tremendous source of motivation for the attorneys.
The two associates gained substantial experience in motions practice during the pre-trial stages. For example, they drafted motions to suppress physical and wiretap evidence and argued those motions before the Court. They were also afforded a great deal of client contact, which increased their level of investment in the matter.
The government resisted efforts to resolve the case, and the jury trial commenced in January 2011. Because our trial team was small - a former partner and Doug - Doug played a pivotal role in developing the case. He gave the opening statement; examined multiple witnesses; and drafted many motions, jury instructions, and other filings. After a two-week trial and two days of deliberation, the jury acquitted our client on the conspiracy charge, which saved him from the ten-year mandatory minimum. He was found guilty on possession with intent to distribute; the Firm continues to fight that charge through post-trial motions.