My main argument was that there was insufficient evidence that she knew what was happening for her to be convicted, but the 9th Circuit rejected that argument. But they reversed because the prosecutors made several misstatements of fact during the closing arguments, which encouraged the jury to convict on the basis of evidence not presented at trial.
The court determined that there was a reasonable probability that the misstatements affected the outcome, and they reversed. It sounds great, but the court remanded the case back to Las Vegas for a new trial. I am hoping that we can resolve it and get her out of prison.
She has already served about 24 months and she had about 6o more to go. The US attorneys kept saying that my client knew that “V” had been
deported for distributing methamphetamine. But she never said it, and “V” never said it. Because of this, the court reversed.
But the story isn’t over. Hopefully we can make a deal that my client can live with or we will just need to try it again. — Mace