QUALIFICATIONS
EDUCATION
Juris Doctor (J.D.) Law Degree,
Top Third of Class
Bachelor of Arts (B.A.) Degree,
Social Sciences Interdisciplinary Studies,
Cum Laude
EXPERIENCE
- Expert and consulting skills honed during 27 years of Federal employment by the United States District Court, Northern District of California, United States Probation Office, regarding Variances, the many and varied provisions of the U.S. Sentencing Commission Guidelines, and all other aspects of Federal sentencing.
- Tenures included selection and appointments to act as a consultant and expert for the entire staff of the United States Probation Office, Northern District of California, that includes the entire San Francisco Bay Area, as well as north to the Oregon border, Del Norte County, and south to Monterey County, as:
U.S. SENTENCING COMMISSION GUIDELINES SPECIALIST
and nationally in Washington, D.C. as a member of the
PROBATION OFFICERS ADVISORY GROUP TO THE UNITED STATES SENTENCING COMMISSION
AREAS OF EXPERTISE
- Comprehensive knowledge of the U.S. Sentencing Commission Guidelines Manual, includes a thorough understanding of the key mitigating provisions throughout as well as the still existing bases for downward Departures. Expertise in recognizing and effectively highlighting in writing the always unique and mitigating characteristics of each individual, as well as the mitigating and special circumstances surrounding their conduct in their particular case, in view of specific provisions of the U.S. Sentencing Commission Guidelines.
- Keen understanding of the bases for Variances that includes an extensive and nuanced understanding of factors warranting downward Variances under 18 U.S.C. 3553 relating to the history and characteristics of the individual, the nature and circumstances of the offense as well as the needs of sentencing, as required to be applied to the facts of each individual's unique case, and as viewed in a light most favorable to the client.
- In connection with prior employment for the U.S. District Court, routinely sought after by Judges and Magistrates to render professional opinion regarding a multitude of sentencing issues during countless private and confidential meetings held at their request.
- Rare insight gained during these open and frank discussions regarding what are some of the key factors in the Court's decision-making processes and ultimate sentencing decisions.
- Extensive experience from routine assignment and selection to handle highly specialized, complex, and high profile cases, based upon unique skills and competency. Vast experience with all types of federal prosecutions, examples including, but are not limited to, the myriad types of theft and fraud offenses, white collar crimes involving tax and bank fraud, and all others, cases involving the distribution and manufacture of drugs as well as related offenses, such as money laundering, corruption offenses by public officials, civil rights violations, all types of offenses occurring on federal property, firearm violations, environmental law cases, immigration violations, as well as all other federal offenses.
- Expansive experience with prosecutions involving individuals, charges against multi-defendants including conspiracies and racketeering, as well as cases against organizational defendants.
- Highly specialized training received from the staff of the United States Sentencing Commission.
- Expertise in recognizing what the Court is concerned about regarding those with mental health and/or drug issues, how to effectively address those concerns and constructively assist those individuals with empathy and compassion in a manner that can work to the client's benefit and become a favorable factor at sentencing.
- Served as a substance abuse specialist, advising all staff of the United States Probation Office, Northern District of California on issues relating to recognizing those with substance abuse issues and developing appropriate individualized treatment plans for these individuals.
- Exceptional and persuasive written and oral communication skills.
- Expert interviewer of clients, witnesses, experts, family members or other relevant parties.
- Knowledgeable regarding the many specific provisions of the First Step Act, which may lower a sentence, and otherwise favorably impact a federal sentence.
- Ability to efficiently secure relevant police reports, court records, mental health, medical and other sensitive records. Firsthand knowledge of various other investigative steps that are taken in preparing the Presentence Report.
- Knowledgeable regarding policies, procedures, and inner workings of various relevant federal agencies. This includes specific Bureau of Prisons programs that may potentially reduce the length of the sentence imposed. Familiarity with the designation process and various security levels of federal institutions as well as the alternatives to confinement that are based in the community.
- Highly regarded and respected by members of the Federal judiciary as well as members from both sides of the Bar. The Chief, United States District Judge for the Northern District of California, the Chief Public Defender for the Northern District of California and others spoke favorably of my exemplary work and skills at the occasion of my retirement, which was attended by other Judges, Magistrates and attorneys from both sides of the Bar.
- Example of innovative interpretation of Guidelines and ability to support with factual rationale was recognized in a case that was appealed by the Government and was affirmed by the United States Court of Appeals for the Ninth Circuit, in U.S. v. Sanchez-Rodriguez, 161 F.3d 556 (9th Cir. 1998).
- Recruited to act as a consultant for Law 360, the legal publication with more than 2.7 million readers, in connection with a high profile case involving one of the largest fraud cases in U.S. history.
- Prior experience as a United States Probation Officer included supervising individuals on Probation, Parole and Supervised Release. As a San Francisco County Adult Probation Officer, performed Presentence investigations and supervised clients on probation. As an Intern for Office of the Public Defender in San Francisco County, interviewed clients, witnesses and developed alternative sentences. As a Santa Cruz County Juvenile Probation Officer, made initial determination as to how case should proceed, informally or through the Courts, and prepared disposition reports for the Court. Supervision of all clients included assessments and referrals to various resources as needed to avoid further incidents.
COLLABORATIVE PROFESSIONAL SERVICES IN ALL STAGES OF SENTENCING
PLEA NEGOTIATIONS
- Apply the facts of the case to the various possible Guideline scenarios based upon solid knowledge and reasoning. Interpret Guideline provisions in a favorable manner that is not always obvious or even thought of, which is brought forth in a convincing, rational, and easily understood manner, and which cannot be ignored, and can then be adopted by the government with the necessary justifications.
- Suggest alternative lesser Guideline interpretations and/or lesser charges to aid in negotiations with prosecutors.
- Provide favorable as well as worst-case scenarios involving various Guideline provisions.
THE PRESENTENCE INTERVIEW
- Conduct practice or mock Presentence interviews with clients remotely via Zoom or in person, including those in custody, in preparation for and to put them at ease for the actual Presentence interview.
- In so doing, discover and draw out germane sentencing information when the client opens up about relevant information that may otherwise be overlooked by the probation officer or unknown to even counsel. Information gained oftentimes is key to development and presentation later in the sentencing process of relevant mitigating sentencing issues.
- Practice interview additionally serves to avoid unwanted disclosures or surprises during the actual Presentence interview and inclusion of damaging information in the Presentence Report.
- Point out areas the client may need to be coached about to ensure a successful presentence interview.
- Prepare a detailed written report of the relevant and in-depth information gained, with added highlights, insight, elaboration, and recommended actions to be taken as a result of the information obtained.
OBJECTIONS TO THE PRESENTENCE REPORT
- Review the draft Presentence Report and prepare detailed objections with supporting justifications that cannot be dismissed in order to favorably influence the presentence report writer and the prosecutor during the draft phase.
- Develop and point out multiple and unique potential grounds for Variance(s) and/or Departure(s) that are individualized as no two clients or the facts of the cases are ever the same.
- Once the final Presentence Report is issued, present and address unresolved objections in a manner that is geared to ultimately and favorably persuade the Court at the sentencing hearing to sustain the objections, or to preserve the objections as a solid basis for appeal.
THE SENTENCING MEMORANDUM
- Highly skilled expert in writing and highlighting key relevant and varied mitigating factors to be included in this all-important document in order to influence a favorable sentencing outcome.
- Develop persuasive and convincing grounds for downward Departures and downward Variances based upon each individual's unique case.
- Provide solid reasonings and justifications for application of various mitigating Guideline and Variance provisions.
- Balance the legal approach with the humanistic perspective and include the positive and unique characteristics of each individual as well as their special circumstances.
ADDITIONAL PROFESSIONAL SERVICES
- Recommend strategies for key issues and suggestions on approaches to avoid based on extensive firsthand experience and insight regarding the perceptions of the judiciary.
- Anticipate adversarial positions and provide counters with solid justifications to expected stances by the government, probation officer or court with respect to key issues.
- Recommend what outside information is needed and guide sources such as professional and personal references as to what contents should be included and/or avoided to insure the information is given full consideration by the court rather than being discarded or glossed over as irrelevant.
- Provide detailed research and analysis from review of statistics and other empirical data from the United States Sentencing Commission with accompanying charts and citations regarding relevant issues in a particular case, including but not limited to Variances, Departures, median and mean sentences and outcomes nationwide, over periods of years, in order to favorably influence the sentencing court based upon nationwide trends not otherwise known to the Court.
- Interview witnesses, family members, mental health professionals, physicians, or others to obtain relevant mitigating information for inclusion in the draft or final Presentence Report and/or the Sentencing Memorandum. Licensed as both a Private Investigator and Manager of Private Investigators by the State of California, Bureau of Consumer Affairs, Bureau of Security and Investigative Services.
- Illuminate seemingly indecipherable and lengthy criminal histories, as well as the significance of certain prior criminal history offenses, involving sometimes complex and multiple scoring provisions.
- Criminal history categories such as Career Offender provisions can greatly impact not only the sentencing Guideline ranges, but also may unfairly influence the perceptions of the court, if certain criminal history information is not fully researched and analyzed, and presented with mitigating factors.
- Highlight and alert in advance those statutory provisions that may result in an increased sentence based upon specific prior criminal history offenses.
- Provide information regarding provisions of the First Step Act, including what relevant provisions and details to bring forth with the potential to reduce the sentence.
- Assist in the preparation of Court motions for Early Termination from Supervised Release and Compassionate Release from the Bureau of Prisons.
- Additional other services are available upon request.
NATIONWIDE AVAILABILITY
Availability and service area includes the entire United States and beyond.
Ability to work in person anywhere needed or remotely, including via Zoom.
Will travel to whatever location requested, including your office or to the client's location, wherever they may be, including any and all local, state or federal custodial settings.
Regular hours, flexible hours, including weekends, evenings, and holidays, or anytime at your convenience to make sure the work gets done when the work needs to be done.
PHONE: (415) 517-3197
EMAIL: eannsearles@gmail.com
ADDRESS: 751 E. Blithedale Avenue, No. 2361
Mill Valley, California 94942