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United States v. F.M.

Charge: Making a False Statement in Connection with a Firearm Purchase
Southern District of Florida
March 2015
federal
Worst Case Scenario:
Up to five years federal imprisonment — advisory guideline range of ten to sixteen months — with exposure to removal proceedings and potential deportation
Actual Results:
Sentence imposed below the advisory guideline range — federal probation, no prison, immigration status preserved

Arrested For:

Making a False Statement in Connection with a Firearm Purchase (18 U.S.C. §1001(a)(2)). A conviction could trigger up to five years in federal prison and removal proceedings due to immigration consequences.

What Was Done:

The government charged the client with making a false statement on a firearm purchase form. Immigration exposure made this case high-stakes: a conviction and incarceration could trigger removal. The applicable guideline range was ten to sixteen months, but judicial discretion existed to depart below that range with sufficient justification.

Unique Approach:

Counsel negotiated a joint sentencing recommendation that persuaded the court to impose a sentence below guidelines entirely. The result: federal probation with no incarceration and preserved immigration status.

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