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Compassionate Release Motion (filed under seal/unavialable)
Gov Response in Opposition (Sept. 7, 2021)
Motion for Leave to File Reply Brief (required in the MDFL)
Reply Brief (Oct. 7, 2021)
Order (Mar. 15, 2022)
Spellissy was convicted on five counts, including one count of conspiracy to commit bribery, wire fraud and honest-services fraud. Of the other counts, the District Court either granted a post-trial motion for judgment of acquitted (bribery) or motion for a new trial (substantive wire fraud offenses). Spellissy exhausted his direct appellate rights, as well as, the collateral remedies provided by 28 U.S.C. §2255. He also completed his supervised release and is not currently serving any portion of his sentence.
Lopez-Lukis, a former County Commissioner, was convicted in 1997 of a single count of honest services fraud. She is no longer in custody, having been released from prison in 2000. She was released early under a Grant of Clemency from President William J. Clinton. The sole count of the conviction was based upon lies Mrs. Lukis told to the press and the public regarding an illicit love affair she was then having with Mr. Lukis, who was at the time a lobbyist with interests before the County Commission and married to another woman.
Amicus curiae brief of the National Association of Criminal Defense Lawyers, the Florida Association of Criminal Defense Lawyers, the American Civil Liberties Union of Florida, the Drug Policy Alliance, the Calvert Institute for Policy Research, and 38 law professors from across the United States.
Amicus curiae brief of the National Association of Criminal Defense Lawyers in support of movant.
