Category Archives: Victories

Prosecutors Misled Jury in Rape Case Against Uber Driver, Florida Panel Finds

“There’s this sort of balance between putting the victim on trial, which is what our state laws have tried to preclude, but somehow it can turn justice upside down,” said Marc Seitles of Seitles & Litwin in Miami. By Raychel Lean| February 12, 2020 at 04:39 PM Uber pickup zone. Photo: ChameleonsEye/Shutterstock.com. Florida’s Fourth District Court of Appeal granted a new trial for an… Read More

Uber driver wins new trial in passenger rape case

By MARC FREEMAN SOUTH FLORIDA SUN SENTINEL | FEB 12, 2020    A South Florida Uber driver convicted of raping a passenger nearly three years ago deserves a new trial, a state appeals court ruled Wednesday. The decision for Gary Kitchings also wiped out a 22-year prison sentence in a case where prosecutors had accused him of “trolling for women every night while he… Read More

Jason Cummings v. United States

In a 2255 Motion to Vacate, Seitles & Litwin successfully argued to the United States Magistrate Judge that Mr. Cummings’s drug conviction should be overturned.  Mr. Cummings was found guilty of being involved in a drug conspiracy after trial.  Seitles & Litwin represented Mr. Cummings, an ex-United States Marine, in his post-conviction motion.  After having Mr. Cummings evaluated by a… Read More

United States v. Reginald Steele Nelson

Seitles & Litwin successfully vacated Mr. Nelson’s sentence on appeal.  Mr. Nelson was charged and sentenced based on the filing of fraudulent claims for government benefits.  On appeal, Seitles & Litwin argued that the district court erroneously calculated Mr. Nelson’s loss amount and therefore his sentence.  The Eleventh Circuit Court of Appeals agreed, vacating Mr. Nelson’s sentence and remanding for… Read More

United States v. Magaly Gonzalez

Seitles & Litwin successfully vacated Ms. Gonzalez’s sentence on appeal, so that she will soon be released from prison. Ms. Gonzalez was charged with conspiracy to commit health care fraud, and sentenced in the Southern District of Florida.  Seitles & Litwin argued on appeal that Ms. Gonzalez’s sentence was improperly increased for sophisticated means and for a role enhancement, neither of which… Read More

United States v. Edriss Baptiste

Seitles & Litwin won the reversal of Mr. Baptiste’s sentence on appeal.  Mr. Baptiste was charged with fraud and sentenced in the United States District Court for the Southern District of Florida. On appeal to the Eleventh Circuit United States Court of Appeals, Seitles & Litwin argued that the district court erroneously treated a state-court sentence, imposed as a withhold of… Read More

Maritza Conde Moreno v. United States

Seitles & Litwin won an ineffective assistance of counsel petition, vacating Ms. Moreno’s sentence.  Ms. Moreno was arrested and charged with credit card fraud.  After Ms. Moreno pled guilty, she was sentenced to more time of imprisonment, than she anticipated.  Seitles & Litwin represented her in a 2255, post-conviction motion, and argued that her previous counsel made a serious error… Read More

Elroy Phillips v. United States

Seitles & Litwin successfully overturned Mr. Phillips’s conviction and sentence on appeal for a drug conspiracy.  Mr. Phillips was convicted after a trial by jury in the Southern District of Florida based on the now undisputed false testimony of a corrupt West Palm Beach Police Officer. Mr. Phillips came to Marc Seitles and Ashley Litwin after he had uncovered evidence that the controlled buy the… Read More

United States v. Uri Ammar

Seitles & Litwin successfully overturned Uri Ammar’s conviction and life sentence on appeal.  After trial, Uri Ammar was sentenced to life in prison for his alleged involvement in the armed robbery of a Brinks truck at Calder Casino. Seitles & Litwin successfully argued to the the Eleventh Circuit Court of Appeals that Ammar’s convictions must be dismissed because the trial judge violated… Read More

United States v. Segundo Gregorio Enriquez Guerrero

Mr. Enriquez Guerrero, a Colombian national, was charged with conspiring to import hundreds of kilograms of cocaine into the United States.  Mr. Guerrero was also charged with the same offense in Colombia for which he was sentenced to 87 months.  Prior to the completion of his sentence in Colombia, Mr. Enriquez Guerrero was extradited to the United States. Prior to… Read More