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UPDATE TRIAL TOOK PLACE AND GUILTY VERDICT.
Sentencing hearing is scheduled for September ,29th 2014
I am short $6,500 legal fees not paid for my legal team , plus my trial fees of $20,000 . If we are going to appeal the case I will need another $75,000. Please help with even $5.00 if you can .
Los Angeles Times Article Front Page 07-09-2014
The U.S.A. has marijuana listed as a Schedule 1 drug.
According to the government.
The drug or other substance has a high potential for abuse.
The drug or other substance has no currently accepted medical use in treatment in the United States.
There is a lack of accepted safety for use of the drug or other substance under medical supervision.
Cocaine and Meth are currently listed as Schedule 2
This is obviously incorrect and a major basis to my case.
The motions being raised at my trial has the potential to set precedent for all future cases regarding federal marijuana prosecution. Possibly even help end the prohibition of marijuana.
I have 2 children aged 3 and 6 that I am currently supporting along with my wife. I am asking for any help with the funds needed to continue fighting for my freedom. If you can't help financially please help spread the word, tell your friends about the case, ask your congressman to remove marijuana from schedule 1.
Any funds that are not used for my legal team will be donated to THS The Human Solution
As of April 8th the government has offered me this crazy deal basically sign a guilty plea and get a 10 years in federal prison (btw they actually are recanting this email they sent to my defense team saying they made a mistake, if I sign they can ask for more than 10 years as ten years is the mandatory minimum) or go to trial and if I lose get 292-365 months 24.3- 30.41 years. Below is a copy of the letter.
April 8, 2014
VIA U.S. MAIL; E-MAIL
Allison Margolin
J. Raza Lawrence
8484 Wilshire Boulevard
Suite 440
Beverly Hills, CA 90211
Re: United States v. Noah Kleinman,
CR No.11-893(A)-ODW
Dear Ms. Margolin and Mr. Lawrence:
In the event that your client pleads guilty under the terms previously discussed with you,the government would propose and advocate that he receive a sentence of ten years imprisonment (the statutory mandatory minimum), pursuant to the draft plea agreement.
In the event that a trial takes place and he is convicted, here is the sentencing guidelines calculation for which the United States will advocate:
Base offense level: 32 (U.S.S.G. 2D1.1(c)(4) (more than 1,000 kgs)
Role adjustment: +4 (U.S.S.G. 3B1.1(a) (organizer, leader)
Specific offense characteristics: +2 (U.S.S.G. 2D1.1(b)(12)) (maintaining premises for the purpose of distribution)
+2 (U.S.S.G. 2D1.1(b)(14) (livelihood, pattern of conduct)
Total adjusted offense level: 40 = 292-365 months (Criminal History Category I)
This is a huge difference "“ more than twice the amount of time the government is offering -- and I wanted to make sure that this is understood in the context of the proposed plea agreement.
In addition, because this appears to be a point of contention, it is important that your client understand that it is clear from the case law that defendant need not be the sole organizer or leader of the drug trafficking organization in order to warrant the upward adjustment so long as he is one of the organizers or leaders with respect to five or more individuals. The facts here, as illustrated by the email evidence and the testimony of the witnesses, will demonstrate that your client played a supervisory role regarding more than five people. For this reason, we believe that he will be subject to the four-level enhancement in his guidelines range as shown above.
By this letter, I am specifically requesting that you make clear to your client the possible consequences of the failure to accept the plea offer.
If you believe that this calculation is in error, have any questions, or wish to discuss it further, please feel free to contact me.
Very truly yours,
ANDRÉ BIROTTE
United States Attorney
/s/
JULIE J. SHEMITZ
Assistant United States Attorney
Organized Crime Drug Enforcement
Task Force Section
My amazing legal team
Allison Margolin & J. Raza Lawrence
http://lasdopestattorney.com/
Michael Levinsohn
http://mylawyermichael.com/
They specialize in marijuana and criminal defense and take cases from clients across the country. You would be hard pressed to find better attorneys if you have any legal problems.
Me and my son enjoying a Saturday.
Sentencing hearing is scheduled for September ,29th 2014
I am short $6,500 legal fees not paid for my legal team , plus my trial fees of $20,000 . If we are going to appeal the case I will need another $75,000. Please help with even $5.00 if you can .
Los Angeles Times Article Front Page 07-09-2014
The U.S.A. has marijuana listed as a Schedule 1 drug.
According to the government.
The drug or other substance has a high potential for abuse.
The drug or other substance has no currently accepted medical use in treatment in the United States.
There is a lack of accepted safety for use of the drug or other substance under medical supervision.
Cocaine and Meth are currently listed as Schedule 2
This is obviously incorrect and a major basis to my case.
The motions being raised at my trial has the potential to set precedent for all future cases regarding federal marijuana prosecution. Possibly even help end the prohibition of marijuana.
I have 2 children aged 3 and 6 that I am currently supporting along with my wife. I am asking for any help with the funds needed to continue fighting for my freedom. If you can't help financially please help spread the word, tell your friends about the case, ask your congressman to remove marijuana from schedule 1.
Any funds that are not used for my legal team will be donated to THS The Human Solution
As of April 8th the government has offered me this crazy deal basically sign a guilty plea and get a 10 years in federal prison (btw they actually are recanting this email they sent to my defense team saying they made a mistake, if I sign they can ask for more than 10 years as ten years is the mandatory minimum) or go to trial and if I lose get 292-365 months 24.3- 30.41 years. Below is a copy of the letter.
April 8, 2014
VIA U.S. MAIL; E-MAIL
Allison Margolin
J. Raza Lawrence
8484 Wilshire Boulevard
Suite 440
Beverly Hills, CA 90211
Re: United States v. Noah Kleinman,
CR No.11-893(A)-ODW
Dear Ms. Margolin and Mr. Lawrence:
In the event that your client pleads guilty under the terms previously discussed with you,the government would propose and advocate that he receive a sentence of ten years imprisonment (the statutory mandatory minimum), pursuant to the draft plea agreement.
In the event that a trial takes place and he is convicted, here is the sentencing guidelines calculation for which the United States will advocate:
Base offense level: 32 (U.S.S.G. 2D1.1(c)(4) (more than 1,000 kgs)
Role adjustment: +4 (U.S.S.G. 3B1.1(a) (organizer, leader)
Specific offense characteristics: +2 (U.S.S.G. 2D1.1(b)(12)) (maintaining premises for the purpose of distribution)
+2 (U.S.S.G. 2D1.1(b)(14) (livelihood, pattern of conduct)
Total adjusted offense level: 40 = 292-365 months (Criminal History Category I)
This is a huge difference "“ more than twice the amount of time the government is offering -- and I wanted to make sure that this is understood in the context of the proposed plea agreement.
In addition, because this appears to be a point of contention, it is important that your client understand that it is clear from the case law that defendant need not be the sole organizer or leader of the drug trafficking organization in order to warrant the upward adjustment so long as he is one of the organizers or leaders with respect to five or more individuals. The facts here, as illustrated by the email evidence and the testimony of the witnesses, will demonstrate that your client played a supervisory role regarding more than five people. For this reason, we believe that he will be subject to the four-level enhancement in his guidelines range as shown above.
By this letter, I am specifically requesting that you make clear to your client the possible consequences of the failure to accept the plea offer.
If you believe that this calculation is in error, have any questions, or wish to discuss it further, please feel free to contact me.
Very truly yours,
ANDRÉ BIROTTE
United States Attorney
/s/
JULIE J. SHEMITZ
Assistant United States Attorney
Organized Crime Drug Enforcement
Task Force Section
My amazing legal team
Allison Margolin & J. Raza Lawrence
http://lasdopestattorney.com/
Michael Levinsohn
http://mylawyermichael.com/
They specialize in marijuana and criminal defense and take cases from clients across the country. You would be hard pressed to find better attorneys if you have any legal problems.
Me and my son enjoying a Saturday.
Organizer
Kleinman Kleinman
Organizer
Los Angeles, CA