federal
United States v. Sholom Rubashkin (Agriprocessors, Inc.)
Charges:
Northern District No. 08-1324, 142 Counts
Status:
Pending
Criminal Defense Attorney:
State of Iowa v. Sholom Rubashkin, Allamakee County No. SMAC 009342
Charges:
9311 Counts- Child labor Violations
Status:
Pending
Criminal Defense Attorney:
United States v. Miell, Northern District
Charges:
No. 07-101 MWB
24 Counts- Mail Fraud/Tax Counts/Perjury
Status:
Pending
Criminal Defense Attorney:
State v. Lozano-Molina, Clarke County No. FECR012299 (December 2008)
Charges:
I-Possession With Intent to Deliver Marijuana (20 pounds +)
II-Tax Stamp
Verdict:
Not Guilty
Criminal Defense Attorney:
United States v. McCoy, SDI No. 4:07-cr-077
Charges:
I-Attempted Extortion by a Public Official (State Senator)
Verdict:
Not Guilty
Criminal Defense Attorney:
United States v. Summy
Charges:
I-Conspiracy to manufacture and distribute marijuana
II-Conspiracy to Commit Money Laundering
Verdict:
Guilty on Count I; Judgment of Acquittal granted on Count II
Criminal Defense Attorney:
United States v. Mitchell (Maurice)
Charges:
SDI No. 06-305
I-Conspiracy to Conceal Assets from Chapter 7 Trustee
II-Concealment of Assets
III-Concealment of Assets
Outcome:
Sentencing pending with plea agreement for probation
Criminal Defense Attorney:
State v. Gilbert, Dallas County
Charges:
Theft in the First Degree (Dallas County Sheriff)
Verdict:
Guilty
Criminal Defense Attorney:
State v. Webster, Polk County
Charges:
Possession of Controlled Substance (Enhanced)
Verdict:
Not Guilty
Criminal Defense Attorney:
United States v. Becerra, Eastern District of Neb.
Charges:
Conspiracy to Distribute Cocaine and 500 grams of Methamphetamine
Verdict:
Hung Jury- Mistrial Declared; Settled for Probation
Criminal Defense Attorney:
United States v. Christopher Orville Myers
Charges:
SDI No. 5-257
I-Knowingly Mailing Threatening Communication
II-Threatening a Federal Judge (Hon. Linda Reade)
III-Knowingly Mailing Threatening Communication
Verdict:
Guilty Counts 1 & 2; Judgment of Acquittal Granted Count 3
Criminal Defense Attorney:
State v. Dudley, Polk County
Charges:
Possession With Intent to Deliver Marijuana (Class D Enhanced)
Possession of Prescription Drugs (2 Counts- Serious Misdemeanor)
Verdict:
Judgment of Acquittal Granted
Criminal Defense Attorney:
City of Storm Lake v. Patton
Charges:
SMAC (June 2006)(Asst. County Attorney)
Keeping a Disorderly House
Verdict:
Not Guilty
Criminal Defense Attorney:
State v. Soria, Buena Vista County
Charges:
No. FECR034268
Sexual Abuse in the Third Degree
Verdict:
Mistrial Granted on Defendant’s Motion
Criminal Defense Attorney:
United States v. Juan Moncada-Gallegos
Charges:
Conspiracy to Distribute in excess of 5kg Cocaine
Verdict:
Not Guilty
Criminal Defense Attorney:
United States v. Rodney Fox, SDI No. 04-317
Charges:
Embezzlement from a Labor Union -29 U.S.C. Section 501(c), 7 Counts
Outcome:
Dismissed
Criminal Defense Attorney:
State v. Kevin Hoaglund, Warren County
Charges:
I-Attempted Murder
II-Burglary in the First Degree
III-Willful Injury Causing Serious Injury
IV-Going Armed with Intent
V-Assault While Participating in a Felony
Verdicts:
I-Dismissed
II- Not Guilty
III- Simple Assault
IV- Not Guilty
V- Simple Assault
Criminal Defense Attorney:
United States v. Jesse Lee Crawford
Charges:
Conspiracy to Distribute MDMA, Cocaine, Marijuana
Verdict:
Guilty- Conspiracy to Distribute MDMA
Not Guilty- Conspiracy to Distribute Cocaine
Criminal Defense Attorney:
United States v. Benjamin Langford
Charges:
I-Hobbs Act Robbery
II-924(c)
III-Bank Robbery
IV-924(c)
V-Felon in Possession
Verdict:
Hung Jury Counts 1, 2
Guilty Counts 3,4,5
Criminal Defense Attorney:
State v. William Foster, Cerro Gordo
Charges:
Assault on a Peace Officer Causing Bodily Injury (4 Counts)
Criminal Mischief in the Fourth Degree
Possession of a Controlled Substance
Interference With Official Acts Causing Injury
Verdict:
Guilty- 3 Counts of Assault on a Peace Officer Causing Bodily Injury
Guilty- Criminal Mischief in the Fourth Degree
Not Guilty- Possession of a Controlled Substance
Guilty- Interference With Official Acts Causing Injury
Criminal Defense Attorney:
State v. Owen F. Benson, Dallas County
Charges:
Arson in the First Degree
Harassment in the First Degree
Verdict:
Guilty- Arson in the First Degree
Guilty- Harassment in the Third Degree
Criminal Defense Attorney:
State v. Leslie Jerome Bell, Polk County
Charges:
Attempt to Commit Murder
Burglary in the First Degree
Willful Injury Causing Serious Injury
Willful Injury Causing Serious Injury
Going Armed With Intent
Verdict:
Guilty Count IV- Lesser Offense of Assault With Intent to Inflict Serious Injury
Criminal Defense Attorney:
United States v. Fred T. Risius
Charges:
Labor Union Embezzlement
Result:
14 months
Criminal Defense Attorney:
State v. Terry Dalton, Polk County
Charges:
Murder in the First Degree (Class A)
Result:
Plead to Homicide by Vehicle (Class C)
State v. Melvin Sandoval, Dallas County
Charges:
Possession With Intent to Deliver Methamphetamine (Class B)
Possession With Intent to Deliver Cocaine (Class C)
Tax Stamp (2 Counts Class D)
Verdicts:
Not Guilty
Criminal Defense Attorney:
United States v. Andrew Mark Armstrong
Charges:
Fraudulent Receipt of Property (18 U.S.C. § 152(5))
Attempted Obstruction of Proceedings (18 U.S.C. § 1512(b)(2)(B))(3 Counts)
Verdict:
Pled to One Count of Obstruction
Criminal Defense Lawyer:
State v. Kent M. Beard, Polk County
Charges:
Theft in the First Degree (Class C)
Verdict:
Not Guilty
Criminal Defense Lawyer:
State v. Brett Dullard, Polk County
Charges:
Count I: Possession of Ephedrine With Intent to Manufacture (Class D- enhanced to 15)
Count II: Possession of Ether With Intent to Manufacture (Class D-enhanced to 15)
Verdict:
Guilty Count I; Not Guilty Count II
Criminal Defense Lawyer:
United States v. Salvador Barrios
Charges:
Conspiracy to Distribute Methamphetamine, Marijuana and Cocaine
§ 924(c)
Distribution of Methamphetamine
Distribution of Methamphetamine to a Minor
Verdicts:
Guilty
Criminal Defense Lawyer:
State v. Marti Allen Weber, Polk County
Charges:
Count I: Willful Injury (Class C)
Count II: Assault with a Weapon (Aggravated Misdemeanor)
Verdict:
Count I- Assault Causing Bodily Injury
Count II- Simple Assault
State v. Cory Foster, Polk County
Charges:
Murder in the First Degree (Class A)
Result:
Plead to 20 years
Criminal Defense Lawyer:
State v. Arthur Pixler, Dallas County
Charges:
Sexual Exploitation of a Minor – Internet pornography (Serious Misdemeanor)
Verdict:
Not Guilty
Criminal Defense Attorney:
State v. Bronson Carre, Polk County
Charges:
Count I: Robbery in the 1st Degree )(Class B);
Count II: Conspiracy to Possess a Controlled Substance with Intent to Deliver (Class B enhanced to
75 years;
Count III: Conspiracy to Deliver a Controlled Substance (Class B enhanced to 75 years);
Count IV: Possession of a Controlled Substance with Intent to Deliver Methamphetamine (Class B
enhanced to 75 years)
Count V: Possession of a Controlled Substance with Intent to Deliver Marijuana (Class D enhanced
to 15 years)
Count VI: Failure to Possess a Tax Stamp (Class D)
Count VII: False Imprisonment (Serious Misdemeanor)
Verdict:
Mistrial Ordered during defense case- double jeopardy motion to dismiss granted
Criminal Defense Attorney:
State v. Jeremy Hughes, Polk County
Charges:
Count I- Criminal Mischief in Violation of Individual Rights (Hate Crime) (Serious Misdemeanor)
Verdict:
Guilty- Criminal Mischief without Hate Crime Component (Simple)
Criminal Defense Lawyer:
State v. Cruz Guerrero, Polk County
Charges:
Count I- Murder in the First Degree (Class A)
Count II- Murder in the First Degree (Class A)
Result:
Defendant plead to 2 Counts Voluntary Manslaughter (10 years concurrent)
Criminal Defense Lawyer:
State v. Bobby John Bennett, Polk County
Charges:
Count I- Conspiracy to Manufacture Methamphetamine (30 year Class C)
Count II-Manufacturing Methamphetamine (30 year Class C)
Count III-Possession of Precursor (Class D)
Verdict:
Defendant pled to Count III at close of State’s evidence as offered by defense prior to trial.
Criminal Defense Lawyer:
State v. Billy Joe Graham, Madison County
Charges:
Count I-Manufacturing Methamphetamine (Class C)
Count II-Possession of Precursor (Class D)
Verdict:
Defendant pled to Count II at close of State’s evidence.
Criminal Defense Lawyer:
State v. Anthony Negrete, Jr., Warren County
Charges:
Permitting Public Indecent Exposure- Serious Misdemeanor
Verdict:
Not Guilty
Criminal Defense Lawyer:
State v. David Stone, Polk County
Charges:
Burglary in the First Degree
Burglary in the Second Degree
Stalking
Burglary in the Third Degree
Verdict:
Guilty (reversed on appeal)
Criminal Defense Attorney:
USA v. Fabian Aguayo-Delgado, United State District Court Southern District of Iowa
Charges:
Conspiracy to distribute methamphetamine- Count I
§ 924(c)- Count II
Verdict:
Guilty Count I; Not Guilty Count II
Criminal Defense Lawyer:
State v. Freddy Arias, Polk County
Charges:
Possession With Intent to Deliver Methamphetamine (Class B 25 year)
Tax Stamp (Class D)
Verdict:
Not Guilty- both counts
Criminal Defense Lawyer:
State v. Courtney Burnett-Nelson, Polk County
Charges:
Murder in the First Degree
Verdict:
Guilty- Lesser Included Offense of Assault With Intent to Inflict Serious Injury
(Aggravated Misdemeanor)
Criminal Defense Lawyer:
State v. Robert Lyle Stephenson, Polk County
Charges:
Sexual Abuse in the Second Degree (Class B 25 year)
Verdict:
Defendant pled to Conspiracy to Commit Sexual Abuse (Class C) at the close of the State’s evidence.
Criminal Defense Lawyer:
USA v. Christopher Kauffman, United State District Court Southern District of Iowa
Charges:
No.97-92 (July
1997)
Federal Death Penalty Prosecution- Carjacking
Mahaska County- Murder in the First Degree
Outcome:
Negotiated plea to life sentences in federal and state courts.
Criminal Defense Lawyer:
State v. Shobha Horstman, Dubuque County
Charges:
Trial May of 1997 on change of venue to
Waterloo, Iowa
Child Endangerment- Multiple Acts (Class B 50 year)
Verdicts:
Guilty- 4 specifications
Not Guilty- 3 specifications
Criminal Defense Lawyer:
USA v. Donald E. Harrison, United States District Court
Charges:
Conspiracy to Manufacture Methamphetamine
Maintaining a Drug Manufacturing Location (Crackhouse statute)
Verdicts:
Hung Jury- Conspiracy
Guilty- Count II
Criminal Defense Lawyer:
USA v. Tim Spence, United States District Court
Charges:
No.96-85 (Nov. 1996)
Conspiracy to Distribute Cocaine/Marijuana
Possession With Intent to Distribute
Verdicts:
Hung Jury- Conspiracy
Guilty- Possession With Intent to Distribute
Criminal Defense Lawyer:
State v. Deandre Jefferson, Polk County
Charges:
No. 99824 (August of 1996)
Attempted Murder (Class B)
Robbery in the First Degree (Class B)
Verdicts:
Guilty on both counts (Reversed on appeal following preservation of Bruton issue)
Criminal Defense Lawyer:
State v. Robert Wright, Polk County
Charges:
No. 92682 (January of 1996)
Murder in the First Degree (Class A)
Robbery in the First Degree (Class B)
Verdicts:
Not Guilty
Criminal Defense Lawyer:
State v. Dudley, Polk County
Charges:
No. 92844 (1996)
Robbery in the First Degree (Class B)
Verdict:
LIO of Assault with a Weapon (Aggravated Misdemeanor)
Criminal Defense Lawyer:
State v. Merritt, Dallas County
Charges:
Felonious Misconduct in Public Office (Chief of Police) (Class D)
Verdict:
Not Guilty
Criminal Defense Lawyer:
State v. Robinson, Dallas County
Charges:
Theft in the Second Degree (Class D)
Verdict:
Not Guilty
Criminal Defense Lawyer:
State v. Ronzell T. Brown, Polk County
Charges:
No.FE80647 (1995)
Willful Injury (Class C)
Verdict:
Aggravated Assault
Criminal Defense Lawyer:
State v. Garland Shaffer, Polk County
Charges:
No. 81232 (1994-5)
Murder in the First Degree
Result:
Plea to Murder in the First in Iowa.
Negotiated Plea in Missouri to life Imprisonment where Defendant faced Death
Penalty.
Criminal Defense Lawyer:
USA v. Verduzco, United States District Court
Charges:
SDI No. 94-30 (1995)
Conspiracy to Distribute
Delivery of Controlled Substance
Communications Facility
Verdict:
Hung Jury on Conspiracy
Not guilty on other counts
Criminal Defense Lawyer:
State v. Rodriguez, Polk County
Charges:
Criminal No. FECR87082
Possession of Methamphetamine With Intent to Deliver
Tax Stamp
Verdict:
Guilty
Criminal Defense Lawyer:
USA v. Roach, United States District Court
Charges:
NDI No.___ (1993)
18 U.S.C. § 1001
False Statements to Financial Institution
Verdict:
Not Guilty
Criminal Defense Lawyer:
State v. Cartwright (a/k/a Johnson), Polk County
Charges:
No.70921 (1994)(2 trials)
Attempted Murder
Terrorism (Class C)
Verdict:
Not Guilty- Attempted Murder
Hung Jury on Terrorism, conviction of Class D Terrorism on re-trial.
Criminal Defense Lawyer:
State v. Lewis, Polk County
Charges:
No. 62431 (1993)
Robbery in the Second Degree
Verdict:
Not Guilty
Criminal Defense Lawyer:
State v. Maclin, Polk County
Charges:
Possession With Intent to Deliver Crack Cocaine (Class C)
Verdict:
LIO of Possession (Serious Misdemeanor)
Criminal Defense Lawyer:
State v. Maclin, Polk County
Charges:
No. 68437 (1993)
Terrorism (Class D)
Assault With a Dangerous Weapon
Verdict:
Not Guilty
Criminal Defense Lawyer:
State v. Chambers, Polk County
Charges:
No. 73413 (1994)
Domestic Abuse Assault
Verdict:
Not Guilty
Criminal Defense Lawyer:
State v. Jenkins, Polk County
Charges:
No. 66469 (1993)
Gambling violation
Verdict:
Not Guilty
Criminal Defense Lawyer:
State v. Ricky Earl Wagner, Guthrie County
Charges:
No. 12-97 (1993)
Murder in the First Degree
Kidnapping in the First Degree
Sexual Abuse in the First Degree
Verdict:
Guilty on all counts
Criminal Defense Lawyer:
State v. Streeper, Polk County
Charges:
No. 61118 (1992)
Kidnapping in the First Degree (Class A)
Kidnapping in the First Degree (Class A)
Verdict:
Not Guilty- Count I; Count II-Simple Assault
Criminal Defense Lawyer:
Appeals
Eighth Circuit Court of Appeals
United States v. Steward
United States v. Myers
United States v. Barajas
United States v. Evans
United States v. Crawford
United States v. Langford
United States v. Rodriguez
United States v. Cash, 2004
United States v. Fortney, 357 F.3d 818 (8th Cir. 2004)
United States v. Aguayo-Delgado, 220 F.3d 926 (8th Cir. 2000)
United States v. Ortiz (Stone), 125 F.3d 630 (8th Cir. 1997)
United States v. Rabins, 63 F.3d 721 (8th Cir. 1995)
Attorney F. Montgomery Brown
