United States v. F.M. - Federal Assault of Customs Agent Results In Probation

F.M., a passenger who arrived in South Florida aboard a cruise ship, was arrested after engaging in a physical altercation with a Customs Border Protection Officer at the Port of Miami. It was alleged that F.M. became belligerent with an officer and then pushed, struck, and bit the officer during a struggle. F.M. also had a history of the same type of behavior and also some troubling criminal history. First, we had F.M. start an anger management counseling program immediately after his arrest and release. We were then able to obtain information about F.M. as well as some records. F.M. suffered from mental health issues and is dependent on medication. At the time of his arrest, he had been without his medication for over a week on a cruise. F.M. also had a traumatic past. Because all of these factors, we were able to negotiate an agreement that called for dismissing the felony charge in exchange for a guilty plea to a misdemeanor which at a minimum, would essentially cap any potential jail sentence to 1 year. We nevertheless prepared a comprehensive sentencing memorandum. At sentencing, however, the judge began by explaining to the parties that she felt a sentence of incarceration was appropriate given F.M.’s past history for the same behavior. Nevertheless, after explaining our client’s history and presenting evidence in mitigation, the judge was convinced that a sentence of incarceration was unnecessary. She ultimately, in fact, agreed with us and sentenced F.M. to home confinement followed by probation.