If you are going to actually prosecute LEO's in Federal court you are supposed to use the statutes as they were actually written by Congress. Prosecutors do not have the right to rewrite the statutes to suit their personal objectives. The Courts have ruled that is a no-no.
The fact that Sutton personally rewrote the statutes is bona fide proof that he understood that this wasn't a strong case from the get go. He knew he could fully exploit Judge Cardone's inexperience as a Judge in Criminal Court.
The bottom line, as Brewer correctly points out,
Having misstated the crime defined by 18 U.S.C. Section 924(c)(1)(A), Counts Four and Five failed to charge either Defendant with any criminal offense whatsoever.
No go back and actually read the brief.
The brief showed that they didn't fire their weapons and destroy evidence? Maybe you can tell me which page of the brief that was on, because I didn't see that.
Having misstated the crime defined by 18 U.S.C. Section 924(c)(1)(A), Counts Four and Five
I didn't realize they were only convicted of counts four and five.