Brief and Motion Writing Experience

Peter Smythe has an extensive background in appellate and trial-level briefing cutting across a broad range of substantive and procedural areas, including federal criminal law, personal jury law, commercial disputes, venue contests, and others. Smythe’s legal writing experience began as an associate editor for two law reviews and has deepened over the years of representing corporate and individual parties in both federal and state courts. Below are some samples of his work.

• United States v. James Atchley – James Atchley was charged in the trafficking and distribution of ectasy. Once charged, the government moved to detain him pending trial. After a contested hearing, Atchley was the only one out of 28 defendants released pending trial. He eventually pleaded guilty to the offense and the government argued for a sentence of twenty years imprisonment. Smythe filed a motion for variance from the sentencing guidelines which was granted and Atchley was sentenced to just six years. To read the motion for release on bond, click here. To read the motion for variance from the sentencing guidelines, click here.
• United States v. DeMarcus Williams – DeMarcus Williams was a tollbooth operator who was charged with being involved in a conspiracy trafficking in credit card fraud. Willliams pleaded guilty and was sentenced to the statutory maximum time of five years. Smythe filed an appeal in the Court of Appeals for the Fifth Circuit contesting the number of victims cited in Williams’s presentence report and the calculation of losses attributable to him. On appeal, the government conceded the issue of the number of victims. The appeal is still pending after the Fifth Circuit heard oral argument on the case. To read Williams’s appellate brief, click here.
• Cindy Pena v. Michael A. Smith – Smith, a lawyer acting pro se, sued Cindy Pena over an alleged real estate contract. After several hearings that involved two defense lawyers and a mediation session, Smith obtained judgment against Pena and the court ordered specific performance. Smythe was retained for an appeal and filed a brief that contests legal sufficiency of Smith’s judgment among other issues. To read Pena’s brief, click here.