A Shearman & Sterling pro bono team has helped a client receive a reduction in his sentence, from life imprisonment to 180 months.
The client was convicted of conspiracy to distribute a relatively small amount of illegal drugs in 2003 and sentenced to life imprisonment due to his prior record. Late partner Jeremy Epstein was appointed as CJA counsel for the client’s appeal to the United States Court of Appeals for the Second Circuit. In a decision that was extremely critical of the prosecution, the Second Circuit ultimately affirmed the conviction under the plain error standard “[w]ith strong disapproval of the government’s tactics and some misgivings.”
Due in part to the criticisms articulated by the Second Circuit, the government commenced negotiations with the Shearman & Sterling team regarding a mutually agreeable resolution of the case. As a result of these efforts, the United States District Court for the District of Vermont reduced the client’s life sentence to 180 months in exchange for minimal cooperation—an outstanding outcome given that a reversal of the client’s conviction may have resulted in a new trial and another mandatory life sentence. The client is in his thirties and has already served approximately half of his term.
“This result is a great testament to Jeremy’s skill as a litigator,” says associate Christine Meiers, who worked on the case with associate Paula Howell and, following Epstein’s death, with of counsel Danforth Newcomb and partner Stephen Fishbein. “We only wish that Jeremy could be here to see the culmination of his efforts.”