Key Cases: 25 Years of Criminal Law Experience

In the past quarter century, the lawyers of Nunley & Associates have handled thousands of cases, including some of highest profile cases in recent memory. Below are a selection of recent cases. While lawyers work hard to achieve the best possible results for clients, please understand that past performance does not predict future results. Each criminal case is different, and requires expert legal guidance.

Last Updated: April, 2010

Drug Trafficking/Money Laundering – 2008-09

Lead counsel of team of three attorneys defending federal client charged with running a violent organization in central North Carolina for more than seven years that was named by federal authorities the “Face Mob Family.” Four-year FBI and DEA investigations resulted in more than 93,000 seized recorded phone calls by wiretaps, 14 months of 24/7 videotape of client’s business by covert camera controlled at Raleigh DEA headquarters, and large quantities of seized drugs, leading to indictment of client and more than 10 associates for largest heroin distribution ring in the State in more than 20 years. Client also implicated in distribution of multiple kilogram quantities of cocaine and cocaine base (crack), and four murders and numerous shootings. Following a three and one-half week jury trial and the testimony of more than 15 co-defendants and government informants against him, client convicted (but not with all the weight of drugs alleged) and ultimately sentenced to life in prison (which was the only pretrial plea offer made by the government).

Burglary/Attempted Robbery – 2007-2009

Defended college student for participation in attempted common law robbery and burglary of drug-dealer’s home at night. Following split jury verdict, client found guilty of two offenses and mitigation case resulted in judge finding “extraordinary mitigation” and sentencing client to probationary sentence in lieu of mandatory active prison sentence.

Drug Trafficking/Money Laundering – 2007-08

Defendant was life-long drug trafficker who was the object of extensive federal and state investigation. Arrested shortly after one of his shipments of 130 kilos of cocaine and $1.4 million in cash were seized by federal authorities, along with more than 10 members of his extended family and drug organization. Tried in federal district court in the Eastern District of North Carolina, the defendant and all co-defendants pled guilty and cooperated with authorities to identify sources of drugs coming into North Carolina. His cooperation resulted in a substantial assistance downward departure being filed by the Government and allowed him to avoid a mandatory life sentence without parole despite his being held responsible for more than two thousand kilos of cocaine and crack and more than $14 million in money laundering.

Detained Photojournalist in Iraq – 2008

One of three U.S. attorneys, retained by international news organization based in New York, that traveled to Baghdad, Iraq to participate in magistrate hearings in the Central Criminal Courts of Iraq (CCCI) and to engage U.S. military officials to secure the release of Pulitzer Prize-winning photojournalist who had been detained by U.S. forces under United Nations resolutions as a security threat to the occupying forces. Engaged General Patraeus’ staff at Multinational Forces, Iraq (MNF-I) headquarters in negotiations for release and in attempts to conduct independent investigation into allegations while securing evidence for defense at trial by the Iraqi courts. Basis for detention focused on photos taken from behind “enemy lines” and an allegedly “too close” relationship with insurgents. Client had been seized in Ramadi, Iraq (in Anbar Province) by U.S. Marines in April 2006 and held there, in Abu Ghraib Prison, and in Camp Cropper. We presented evidence to Iraqi magistrate judge in hearings in January 2008 in effort to refute alleged violations of the anti-terrorism laws in Iraq, which carried a potential death penalty. After 2 years and 4 days in U.S. custody, and prior to any formal charging and a trial before a three-judge panel of the CCCI, the client was released on April 16, 2008 after two separate Iraqi Amnesty Commissions granted amnesty to him for all allegations raised by the U.S. military.

Drug Trafficking – 2006-07

Defended federal client in prosecution for seven controlled sales of cocaine base (crack) where client had 21 USC § 851 enhancement for two prior felony drug convictions (mandating life sentence with no possibility of parole). Jury failed to convict client of all charges; however, judge imposed sentence of life on two of the charges that carried mandatory sentences.

Operation “Tarnished Badge” – 2005-07

Defended sheriff’s deputy in federal court police corruption case with more than twenty “dirty” officers involved in kidnapping and stealing from drug dealers and other criminal acts. Client ultimately worked with FBI and State Bureau of Investigation for 29 months to mitigate sentence. Client sentenced to 20 years in prison in lieu of statutory maximum of life due to personal involvement in the kidnapping and beating (and shooting) of multiple drug dealers and because of his participating in home invasion where innocent person was set on fire to make him disclose location of drugs and money (the officers had the wrong address).

FAMU Swimmers/Robbers – 2005-06

Defended a sophomore swimmer from Florida A&M University, who was raised in Raleigh, NC, for involvement with three other athletes in more than 112 armed robberies in six states and multiple federal districts. Cases all handled in United States District Court for the Northern District of Florida over 15 month period and client received consolidated 18 year active sentence, despite multiple Hobbes Act and 924(c) gun charges warranting multiple life sentences.

Drug Trafficking – 2004-06

Defense counsel in North Carolina state case involving two multiple-kilo cocaine drug sales involving undercover confidential informant for police. Co-defendant was convicted of making deliveries for defendant and sentenced to 438 months in state prison. Defendant was later tried for the two drug transactions and faced 1,314 months in prison; however, jury unanimously found him “not guilty” after week long jury trial based upon attacks on the truthfulness and character of the confidential informant.

Mexican Drug Lords – 2005

Defended Mexican attorney for “lieutenant” drug lord in the “Gulf Cartel” in Mexico, who had been tricked into the United States and arrested for drug distributions and money laundering by DEA authorities. Extensive wiretap and “snitch” intelligence case with multiple co-defendants. All members of this branch of the cartel and witnesses not in federal custody in the United States were killed prior to disposition of cases. All defendants ultimately convicted by pleas or trials in federal court.

Family Rapes – 2003-04

Defense counsel in North Carolina state case involving multiple generations of dysfunctional family where incest and child rape were “accepted” conduct. Client ultimately convicted of multiple counts of first degree rape of child and sentenced to 378 years in custody (13 year old daughter testified to repeated rapes and fathering child by her father, as confirmed by even the defense DNA experts, and 404b evidence from other daughters to same conduct permitted by Court);

Drug Trafficking – 2002-03

Defended North Carolina state case where client was caught receiving delivery of four kilos of cocaine and other drugs. Client ultimately convicted but was able to avoid 60-year plus mandatory active prison time and receive probationary jail sentence, which was terminated early based upon successful transition back to legitimate work and a turn-around in his lifestyle.

The “Aviano” Trial – 1998-99

Assigned by Chief Judge, Navy-Marine Corps Trial Judiciary to manage and preside over trials of pilot and navigator of Marine Corps EA-6B Prowler jet that flew below minimum altitude and cut cable in Italy, causing 20 persons in a cable car to fall 355 feet to their deaths. Presided over pretrial motions for both pilot and navigator, and over trial of pilot over a nine-month period, with extensive world-wide media coverage and issues involving unlawful command influence, motions to quash subpoenas by CBS/60 Minutes and Rolling Stone Magazine, disclosure of classified CIA satellite imagery, and three-dimensional cyber world re-enactments of flight based upon on-board computer data. I removed myself from later obstruction of justice trials for pilot and navigator after pilot’s trial for death of victims (due to statements made by defendants in earlier hearings).

Operation “Long-Fuse” Cases – 1997-98

Presiding Judge for several trials involving Explosive Ordinance Disposal (EOD) personnel charged with stealing C-4 explosives and other munitions and weapon systems and selling them to FBI/NCIS undercover agents (who they believed to be Irish Republican Army (IRA) agents looking for weapons for Ireland’s on-going struggle). All defendants had top secret clearances/access and were credentialed and involved in U.S. presidential security details around the world. Two-year undercover operation terminated when “Ruby Ridge” like situation discovered.

Serial Rapists – 1993-94

Prosecuted three Camp Pendleton Marines for multiple rapes in San Diego County, CA area over six-month period. Victims included drug addicts to valedictorians, each of whom they attempted to murder (ran over one with vehicle, threw next over a cliff). Two defendants received life sentences, while one received a forty-year sentence.

Child Murder – 1992-93

Prosecuted premeditated murder case by Marine Corps Lance Corporal who beat to death his 13-month old daughter to get back at his wife for having an affair. Staged accident death scene complicated prosecution. Assisted federal authorities in prosecution of victim’s mother for failing to protect daughter after previously confirmed abuse and restrictions placed on father’s unsupervised access to child—defendant sentenced to life in prison. Invited to appear on Maury Povich Show (on why parents kill their children following Susan Smith’s murder of two children in SC) and lectured on prosecuting child deaths for several years after this case.

Desert Storm/Shield Deserters – 1990-91

Personally defended three Marines and supervised 11 other military lawyers in the defense of 46 Marine Corps deserters from Operation Desert Shield/Desert Storm while senior defense counsel for Camp Lejeune, NC. All but a couple of the Marine Corps deserters worldwide were transferred to Camp Lejeune for prosecution. Defense efforts involved integrating non-military attorneys who were retained or providing pro bono services for clients, some of whom had conscientious objector issues. Extensive media attention.

Removal of Military Judge – 1990

Defended young Marine who was scheduled for trial before a military judge who had made an off-handed racist comment in a previous post-trial critique with one of my subordinate counsel. Following a judicial investigation, challenged judge’s ability to sit as military judge and ultimately prevailed on extraordinary writ filed with the U.S. Court of Appeals for the Armed Forces (with fact finding provided by the Navy-Marine Corps Court of Appeals). Military judge reassigned without hearing another case. Issues related to judicial privilege provided the impetus for my LL.M thesis the following year.

The “Jason Rother” Trials – 1988-89

Lead prosecutor in a series of three trials over a six month period arising from the death of Lance Corporal Jason Rother during a Marine Combined Arms Exercise (CAX) at Twenty-nine Palms, California. LCpl. Rother was placed out as a road guide and was not picked up during the night movement of his unit. His body was found four months later and his skull the following year. The platoon commander (second lieutenant) and the platoon sergeant and squad leader (both sergeants) were convicted and served sentences and received discharges from the service. Extensive Congressional and press interest.

Yorktown Ammunition Thefts – 1988

Prosecuted more than ten Marines, ranging in rank from sergeant to lance corporal, who had been assigned as security at the Naval Weapons Station, Yorktown, VA. Each had been involved in stealing explosives and other munitions from a transfer depot on multiple occasions to “teach the Navy how lax their security was.” Thefts noticed after unusual and “sensitive” materials en route to a SEAL team were missing. Most senior participants received ten year sentences.

Beirut Survivor – 1985

Assisted (as non-lawyer summer intern) in defense of Marine Corps Staff Sergeant charged with raping his own daughter. Defense centered on mental responsibility—client’s medical records identified him as most severely wounded survivor of the Beirut bombing with more than a year in hospitals for brain/head trauma and significantly reduced mental and physical abilities.