May 16, 2025
Holmes, Athey, Cowan & Mermelstein LLP, a LA-based law firm specializing in criminal defense and complex civil litigation, won a significant trial victory after a federal jury returned not guilty verdicts against a client facing a 50-year mandatory minimum sentence.
Los Angeles, CA May 16, 2025 – Holmes, Athey, Cowan & Mermelstein LLP, a LA-based law firm specializing in criminal defense and complex civil litigation, won a significant trial victory after a federal jury returned not guilty verdicts against a client facing a 50-year mandatory minimum sentence.
Andrew Cowan of Holmes Athey had been appointed by the United States District Court to represent an indigent client charged in a wide-ranging federal racketeering case. The indictment alleged that the client and 17 others were affiliated with the Eastside Playboys street gang. In addition to racketeering conspiracy (RICO), the federal government charged the client with narcotics conspiracy and unlawfully possessing and using firearms—two crimes that each carried 25-year mandatory minimum sentences.
During the two-week trial, Mr. Cowan single-handedly defended his client against three experienced federal prosecutors and the resources of the FBI. The jury deliberated for over two days before acquitting the client on the RICO conspiracy, drug conspiracy and firearms charges.
Mr. Cowan, a former federal prosecutor, developed a trial strategy focused on defeating the mandatory minimum sentences. “Because our client was 58 years old, a sentence of 25 or 50 years would have meant a life sentence,” said Cowan. “The government over-reached in bringing these charges, so we kept emphasizing the prosecution’s lack of evidence. The jury did its job and found our client not guilty of those crimes.”
The case was United States v. Marco Ponce, No. 22-CR-312-MWF, in the U.S. District Court for the Central District of California.