W.G. hired Temani after his court appointed lawyer failed. W.G.’s court appointed lawyer had incorrectly informed him that he was a career offender under the federal sentencing guidelines and pressured him to sign a plea agreement. After a brief look at his criminal history, Temani knew that W.G. was not a career offender, and knew that the government could not prove the drug quantity listed in the indictment.
After she was hired, Temani immediately began going through the volumes of discovery (more commonly known as evidence). After reviewing the evidence, Temani was certain that the government couldn’t prove that her client had possessed or sold the amount of marijuana the government was alleging. When Temani confronted the prosecutor about the drug quantity, she had no answer. Around the same time, Temani discovered that the case agent, made a false statement in the search warrant for W.G.’s home. Temani immediately began to prepare a request for a Franks hearing.
After some back and forth, the judge in the case, abruptly cancelled the hearing that was scheduled for the Franks’ issue, and denied the motion. Temani kept pushing forward, because she knew that the government couldn’t prove their drug quantity.
A few days before the pre-trial hearing, Temani received a call from the prosecutor. Not only was she now willing to dismiss the gun count, she was also willing to dismiss the conspiracy count, if W.G. plead to a lower offense.