WILLIAM MALLORY KENT
200 West Forsyth Street, Suite 1240
Jacksonville, Florida 32202
Education
Graduated first in class; National Merit Scholar Finalist; Florida Regents'
Scholar; Class Officer; Boarding Student Proctor
Harvard College A.B. cum laude
1974 Cambridge, Massachusetts
Harvard Scholarship Recipient; German
Literature Major; Harvard language qualification in German and Arabic;
Published in "Harvard Yardling"
American Jurisprudence Book Awards in Constitutional Law, Agency and Estates
and Trusts; graduated in top 11% of class; Research Assistant to Professor
Winston P. Nagan, Private International Law; Research Assistant, Center
for Governmental Responsibility (Florida Constitutional Revision Project)
Bar Admissions
The Florida Bar (1978)
United States Tax Court (1979)
The California Bar (1980)
United States District Court, Middle District of Florida (1989)
United States Supreme Court (1993)
Honors and Publications
Sentencing and Post-Conviction Relief,
The Florida Bar Continuing Education Committee and the Criminal Law Section
of the Florida Bar Annual Program, Author and Speaker, Tampa, Florida,
"Criminal Law: The Nuts and Bolts of Trial Practice," 1996-1997.
Creative Appellate Advocacy,
Florida Association of Criminal Defense Lawyers, Annual Program, Orlando,
Florida, 1997
Federal Sentencing,
Criminal Justice Act Panel Training Program, Tampa and Orlando, Florida.
Kent's Federal Criminal Defense Update,
Internet web site with monthly newsletter at www.jacksonville.net/~wkent,
May 1998 to date.
Federal Judicial Appointment Merit Selection Finalist
One of five finalists (from among over eighty applicants) chosen by Merit
Selection Committee for the United States District Court, Middle District
of Florida, for appointment as a United States Magistrate Judge, June 1996
Moot Court Judge Florida Coastal School of Law
Moot Court Judge for moot court of William J. Sheppard, Esq.'s argument
of Johnson v. United States, ___U.S.___, 117 S.Ct. 1544 (1997)
Fellow of German foundation fellowship program aimed at future American
business and public service leaders to promote better German-American understanding;
fellowship consisted of one month training at German government Federal
Academy of Administration in Bonn, and three month internship at Northrhine
Westfalia Ministry of Housing and Urban Development in Duesseldorf, Germany
Employment History
Federal Public Defender, Middle District of Florida, Jacksonville, Florida,
Assistant Federal Defender, July 1989 to present.
State
Public Defender, Fourth Judicial Circuit, Jacksonville and Fernandina
Beach, Florida, January 1988 to June 1989.
Rogers & Wells, 200 Park Avenue,
New York, New York and 201 North Figueroa Street, Los Angeles, California,
July 1983 to February 1987.
Lawler, Felix & Hall, 700 South Flower Street, Los Angeles, California,
March 1981 to June 1983. My practice group, transactional real estate,
is now a separate firm known as Pircher,
Nichols & Meeks.
Adams, Duque & Hazeltine, 523 West Sixth Street, Los Angeles, California,
January 1980 to February 1981. My practice area, real estate, headed
by Alan Wayte, is now the Los Angeles branch of Dewey
Ballantine LLP.
Smathers & Thompson, 1301 Alfred I. duPont Building, Miami, Florida,
July 1978 to January 1980. My practice group is now the Miami office of
Kelley, Drye & Warren LLP.
Professional Experience
For the past nine years I have worked as an Assistant Federal Public Defender,
and for one year before that as an assistant state public defender. I was
named "Outstanding Assistant Federal Public Defender," in 1996, 1993 and
1991.
Prior to that for seven years my practice was limited to corporate real
estate related matters of every type handled by a New York based
national law firm.
My current practice as an Assistant Federal Public Defender is limited
to federal criminal and habeas cases, at both the district court and appellate
level. Approximately two thirds of my case load is at the district court
level and one third at the appellate level. My appellate work has included
one case which I argued before the United States Supreme Court and one
case which I argued before the Eleventh Circuit Court of Appeals en banc.
Trial Experience
I have tried thirty jury trials to conclusion as sole or lead counsel.
Twenty-two were federal criminal cases, of which eleven were convictions,
eight were acquittals, two were mistrials and one was granted a new trial
(then entered into a negotiated plea). Eight jury trials were state criminal
cases, of which one was convicted, four were acquitted, two resulted in
mistrials (one subsequently acquitted and one negotiated a plea to a misdemeanor),
and one was granted a new trial (and negotiated a plea). My trial history
is included in an addendum hereto.
Appellate Practice
My appellate practice has resulted in twenty-one published
federal opinions. Most notable was the opinion of the Supreme Court
in Stinson
v. United States, 508 U.S. 36, 113 S.Ct. 1913, 123 L.Ed.2d
598 (1993), holding that Sentencing Commission commentary that is not inconsistent
with the pertinent guideline, statute or the constitution is binding on
courts of appeal, but remanding the question whether the commentary in
question was to be applied retroactively, and on remand United States
v. Stinson, 30 F.3d 121 (11th Cir. 1994), holding that Amendment
433, which provided that the offense of felon in possession of a firearm
was not a crime of violence for purposes of application of the career offender
provision, was clarifying commentary and as such entitled to retroactive
application. Other notable appellate opinions include United States
v. Willie Washington, ___F.3d___(1998 WL 546174)(11th Cir. 1998),
holding that consent to search a bus passenger who was found to be carrying
a minimum mandatory quantity of cocaine was coerced, focusing on the failure
of the federal officers to advise the defendant that he had a right to
refuse to consent to the search, United States v. James Arthur Grimes,
142 F.3d 1342 (11th Cir. 1998) holding that: (1) the underlying statute
did not facially exceed Congress's authority under the Commerce Clause;
(2) apartment building damaged in explosion had sufficient connection with
interstate commerce; (3) defendant was not entitled to procedural benefits
afforded to defendants in capital cases; (4) claim of rights form signed
by defendant when he was arrested on state worthless check charges could
not anticipatorily invoke defendant's Fifth Amendment right to remain silent;
(5) statements that defendant made to his former employer were not result
of custodial interrogation for Miranda purposes; (6) applying amended seven
year limitations period to defendant did not violate Ex Post Facto Clause;
and (7) sentencing judge's imposition of sentence did not violate Ex Post
Facto Clause, United States v. Lopez-Iraeta, 129 F.3d 1206
(11th Cir. 1998), holding that the "exculpatory no" doctrine did not apply
to false claims of United States citizenship cases, Anderson v. Singletary,
111 F.3d 801 ((1997), holding that the Prison Litigation Reform Act's filing
fee requirements did not apply to state or federal habeas corpus petitions
of indigent petitioners, United States v. Thigpen, 989 F.2d
1116 (11th Cir. 1993), 4 F.3d 1573 (11th Cir. 1993) (en banc), holding
that a criminal defendant is not entitled to a jury instruction on the
consequence of a verdict of not guilty by reason of insanity, United
States v. Brown, 71 F.3d 845 (11th Cir. 1995) (petition for certiorari
pending), holding that a defendant is not entitled to trial by jury on
multiple petty offenses when the aggregate maximum penalty exceeds six
months, United States v. Bell, 22 F.3d 274 (11th Cir. 1994),
reversing a denial of a motion to withdraw plea and holding that Container
Royalty Funds were not covered under the statute criminalizing embezzlement
from ERISA related funds, United States v. Williams, 958
F.2d 337 (11th Cir. 1992), holding that a court may not impose an additional
term of supervised release upon revocation of a term of supervised release
(since statutorily overruled), United States v. Charles Young,
953 F.2d 1288 (11th Cir. 1992), setting aside a $1,500,000 restitution
order under the Hughey doctrine (since statutorily overruled), United
States v. Lazarchik, 924 F.2d 211 (11th Cir. 1991), holding that
the gross weight of pharmaceutical compounds or mixtures is used in applying
the quantity tables of the drug guidelines (since overruled by the Sentencing
Commission) and United States v. Gilbert, 942 F.2d 1537 (11th
Cir. 1991), denying a motion to suppress based on execution of a state
search warrant the execution of which was concededly illegal under state
law. In addition, I have had one district court decision published, United
States v. Grimes, ___F.Supp.___, 1996 WL 11837 (M.D.Fla. 1996),
in which Judge Schlesinger denied a motion to suppress statements based
upon a claimed violation of a Fifth Amendment right to counsel.
Transactional Real Estate, Tax Shelters and Real Estate Syndications
My corporate real estate experience included acquisitions and dispositions
of major commercial real estate (multi-family housing, office buildings
and shopping centers) nationwide; joint venture and development of major
commercial projects nationwide; representation of borrowers and lenders
in construction, gap and permanent financing, including numerous tax exempt
municipal bond financings of multi-family housing under Section 103(c)
of the I.R.C., letter of credit enhanced issues, ground leases and sale-leaseback
transactions; commercial lease and master lease representation, landlord-tenant
disputes and unlawful detainer; tax shelter syndications, both publicly
registered and issued under Regulation D exemption.
Notable transactions included representation of Chemical Bank as gap
lender in $250,000,000 acquisition by VMS Realty Corp. of four Southern
California office buildings; representation of Saudi Arabian investors
in $60,000,000 work-out negotiations with FSLIC appointed managers of Sunrise
Savings & Loan involving four properties (office building, shopping
center and two residential condominium projects) in Southern Florida; representation
of tax shelter syndicator in joint venture of major multi-family housing
project in Virginia including negotiation of tax-exempt bond financing
issued by municipal housing authority; representation of American Diversified
developer/lender in joint venture disposition of $50,000,000 package of
six properties in three Western states; representation of American Diversified
in joint venture disposition of $30,000,000 two project package (office
building rehabilitation tax credit venture and multi-family housing project)
involving issuance of credit enhanced tax exempt financing; representation
of tax shelter syndicator in joint venture development of numerous multi-family
housing projects across United States; representation of JMB Realty Corp.
publicly registered tax shelter partnerships in $90,000,000 sale of nine
projects in Texas and Arizona to Hall Realty; representation of Chemical
Bank in gap loan to VMS Realty in $500,000,000 acquisition of apartment
projects in California; numerous joint venture development deals for JMB
Realty including the Tiger Building, Century City, California, Permian
Mall, Odessa, Texas, Virginia Beach Mall, Virginia Beach, Virginia, 2001
Building, Seattle, Washington, the DeBartolo Malls, and others; and joint
venture lending representation for Metropolitan Life Insurance Company,
Connecticut General Life Insurance Company, Lloyds Bank, and others secured
by office buildings and shopping malls in Southern California.
Personal
Born July 24, 1952 (46 years old) at Live
Oak, Florida. Married to the former Caroline Burgess Dickens of Fernandina
Beach.
Addendum
Trial History
State Jury Trials
1. James Brodmerkle - DUI
Directed Verdict of Acquittal
2. Tommy Rhoden - DUI
Not Guilty
3. Leroy Clark - DUI
Guilty - Appeal dismissed due to death of client.
4. Marlon Crosby - Two counts of felony Battery on a Law Enforcement
Officer, two counts of felony Resisting Arrest with Violence Hung Jury
Mistrial - reduced to misdemeanor time served prior to retrial.
5. Furney Tripp - Two counts of Battery, two counts of Contributing
to the Delinquency of a Minor
Mistrial
6. Furney Tripp - Retrial on two counts of Contributing to the Delinquency
of a Minor
Not Guilty
7. Morris H. Blackshear, III - Possession of Cocaine, Possession of
less than 20 grams of Marijuana, Possession of Drug Paraphernalia
Directed Verdict of Acquittal -after granting motion to suppress at
conclusion of government's case.
8. Roney Wilson - Two counts of Uttering a Forged Instrument Guilty
Motion for New Trial Granted - pled guilty prior to second trial for
probationary sentence.
Federal Jury Trials
9. Leon Glaspy - Possession with Intent to Distribute Crack Cocaine
Guilty - Affirmed on Appeal
10. Eugene Lewis - Two counts of False Statements
Not Guilty
11. Pam Davis - Conspiracy to Distribute Crack Cocaine and Distribution
of Crack Cocaine
Not Guilty
12. Oscar Garza - Conspiracy to Distribute Marijuana
Guilty
13. William J. Thigpen - Three counts of Possession of a Firearm by
a Convicted Felon and three counts of False Statements in connection with
the Acquisition of the Firearms
Guilty - Appeal en banc granted and affirmed.
14. Mrs. Fowler - Theft of Government Property
Not Guilty
15. Alirio Ortegon-Zabala - Conspiracy to Distribute Cocaine and Possession
with Intent to Distribute Cocaine
Guilty - Motion for New Trial Granted - pled guilty prior to retrial
to sentence one fourth of original sentence.
16. Humphrey Francis - Conspiracy to Distribute Crack Cocaine
Guilty - Appeal affirmed.
17. Gregory John Brumbaugh - Three counts of Bank Fraud
Not Guilty
18. Eddie J. Murphy - Passing a Forged Check
Not Guilty
19. Dolores Ramsey - One count of Bank Embezzlement and one count of
False Entry/Statement.
Not Guilty - Both Counts
20. Clyde Gibson - One count of Possession with Intent to Distribute
Crack Cocaine
Not Guilty
21. Michael Freeman - One count of Possession of a Firearm by a Convicted
Felon
Guilty - Affirmed on Appeal
22. Saul Romulo Perez-Chairez - One count of Possession of a False Alien
Registration Card and One count of Possession of a False Social Security
Card
Guilty - Both Counts - Appeal Pending
23. Tuwana Jackson - One count of Assault with a Deadly Weapon with
Intent to do Serious Bodily Injury Guilty - Affirmed on Appeal
24. Renaldo Davis - One count of felon in possession of a firearm
Guilty - Affirmed on Appeal
25. William Etoty - On count of bank fraud
Mistrial
26. Antonio Del Cid - One count of counterfeit alien registration documents
Mistrial
27. Antonio Garcia-Rojas - Possession of counterfeit alien registration
documents
Guilty (Appeal Pending)
28. R. Cortes-Ramirez - Possession of counterfeit alien registration
documents
Guilty (Appeal Pending)
29. Dewayne Kee - One count of possession of crack cocaine with intent
to distribute
Not Guilty
30. David Ranglin - One count of possession of crack cocaine with intent
to distribute
Guilty (Appeal Pending)
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