Warren & Burstein on national news program, Crime Watch Daily
Devin Burstein was recently featured on Crime Watch Daily in connection with an international murder case, U.S. v. Brimager, in which we helped our client avoid both the death penalty and a life sentence.
Warren & Burstein on CNN
Another Ninth Circuit victory for Warren & Burstein!
On June 30, 2016, the Ninth Circuit issued a lengthy published opinion in Cuero v. Cate, --- F.3d ---, Case No.12-55911 (9th Cir. 2016). The Court granted our client's petition for habeas corpus and ordered his sentence reduced from 25-to-life to 14 years and 4 months. The Court agreed with our argument that the state prosecutor breached the plea agreement with our client.
Mr. Burstein wrote the briefs and argued the matter.
Read more about the case here.
Argument video here.
Two Ninth Circuit victories for Warren & Burstein!
On May 17, 2016, the Ninth Circuit issued a published opinion in United States v. Quintero-Leyva, --- F.3d ---, Case No. 14-50509 (9th Cir. 2016). The Court of Appeals granted our request to vacate our client’s sentence and ordered a new sentencing hearing.
The case concerned the minor-role provision of the sentencing Guidelines, one of the most important provisions for criminal defendants. The Court of Appeals agreed with our arguments that the new amendment to the minor role provision is retroactive and that district courts must consider all of the enumerated factors in deciding whether to grant or deny the minor-role reduction.
This is a video of the oral argument.
On May 5, 2016, the Ninth Circuit issued a decision for our client in United States v. McKany, --- Fed. App’x ---, Case No. 14-50483 (9th Cir. 2016). We handled this appeal along with renowned attorney Eugene Iredale, who argued the matter.
The Court agreed with our argument that, when agents questioned our client at his home, he was in custody. Therefore, the agents’ failure to provide Miranda warnings violated his rights. As a result, our client’s statements should have been suppressed.
Warren & Burstein win appellate award
On March 29, 2016, Devin Burstein won the Criminal Defense Bar Assocation of San Diego's award for Appellate Lawyer of the year, based on his numerous victories and dedication to the profession.
Federal prosecutors decline to seek the death penalty against two Warren & Burstein clients.
As recently reported in the San Diego Union Tribune, federal prosecutors announced they will not seek the death penalty in two seperate San Diego cases against our clients. This is a step in the right direction, but the fight continues.
Mr. Warren represents Mr. Graves. Mr. Burstein represents Mr. Brimager, along with well-known trial attorney, Brad Patton.
Warren & Burstein get another win the Ninth Circuit.
On October 6, 2015, in United States v. Moser, --- F.3d. ---, Case No. 13-55266 (9th Cir. 2015), the United States Court of Appeals for Ninth Circuit issued a published opinion in favor of our client in a civil forfeiture case. The central issue was whether the district court committed error in slashing the attorney fee awared to the prevailing party. The appeals court agreed with Mr. Burstein that the district court made serious errors and remanded the matter.
Mr. Burstein argued the case. Read the opinion here.
Warren & Burstein begin 2015 with another win in the Ninth Circuit.
On January 16, 2015, in United States v. Salazar, Case No. 50388 (9th Cir. 2015), the United States Court of Appeals ruled in favor of our client. Mr. Burstein argued that the district court made errors in denying the client's motion to suppress the evidence against him. The appeals court agreed. The decision holds that the government must turn over all records related to dog training when probable cause to search comes from a dector dog.
Warren & Burstein get their client a fifteen year sentencing reduction:
Warren & Burstein won a fifteen year sentencing reduction for their client. The client was convicted of federal conspiracy charges and originally sentenced to twenty-five years in prison. After filing an appeal of that sentence, the prosecution agreed to dismiss almost all of the charges and reduce our client's sentence. On October 20, 2014, the district court reduced the sentence to ten years.
Warren & Burstein represent a family whose 7-month-old puppy was shot and killed by sheriff's deputies:
Deputies entered the property without permission and without a warrant. The puppy was killed just feet from the family's home.
Watch the news story here (aired Oct. 10, 2014).
Warren & Burstein win again in the 9th Circuit:
On June 24, 2014, in United States v. Torres Pimental, the United States Court of Appeals for the Ninth Circuit issued a published opinion vacating the client's drug conviction. The Court determined that the client's confession should have been suppressed because the agents improperly delayed bringing him before a judge.
Mr. Burstein argued the case. Read the opinion.
In April 2014, Jeremy Warren was elected President of the San Diego Criminal Defense Bar Association. He will lead the organziation for the next year.
Big victory in the U.S. Court of Appeals:
On April 25, 2014, in United States v. Thum, the United States Court of Appeals for the Ninth Circuit issued a published opinion ruling in favor of our client. The Court found that the prosecution’s evidence was insufficient to prove our client committed the crime with which he was charged. This case is one of the few dealing with the subsection of the alien-smuggling statute prohibiting encouraging or inducing an undocumented person to reside in the United States.
Mr. Burstein briefed and argued the case. Read the opinion.
Another Ninth Circuit victory for Warren & Burstein:
On March 21, 2014, in United States v. Montes-Ruiz, the United States Court of Appeals for the Ninth Circuit issued a published opinion ruling in favor of our client and vacating his sentence. Mr. Burstein briefed and argued the case.
In Montes-Ruiz, the Ninth Circuit answered a question left open by the Supreme Court’s recent decision in Setser v. United States, 132 S. Ct. 1463, 1473 (2012) – whether one federal district court judge can order his or her sentence to run consecutively to an anticipated, but not-yet-imposed, federal sentence in a separate case before a different judge. Mr. Burstein argued the answer was no. The Ninth Circuit agreed. Read the opinion.
The well know Ninth Circuit Blog recently selected this decsion as its case of the week.
Warren & Burstein selected for important advisory panel:
The seventeen federal judges of the Southern District of California selected Jeremy Warren to serve on the Criminal Justice Act Advisory Committee. This newly formed committee will assist the district court judges in matters relating to the selection and appointment of counsel for indigent criminal defendants charged with federal crimes in San Diego and Imperial Counties as well as on any other matter that may improve the Criminal Justice Act Panel. The term of appointment is calendar years 2014-2015. See the order of appointment.
Warren & Burstein win in the Ninth Circuit:
On February 6, 2014, in United States v. Silerio, the United States Court of Appeals for the Ninth Circuit ruled in favor of our client, vacating his sentence. Mr. Burstein briefed and argued the case. Read the opinion.
Warren & Burstein in the news:
Mr. Warren was recently interviewed about his work in United States v. Encinas, representing a retired San Diego police officer and security consultant accused of participating in a plan to illegally inject foreign money into San Diego elections. Read more.