The Miske co-defendants who drew the longest sentences are both appealing those sentences to the 9th Circuit Court of Appeals.

Lance Bermudez, who was sentenced earlier this week to a 30-year term in federal prison, filed a notice on Friday that he intends to appeal the sentence.

Bermudez, 34, is the last of Mike Miske?s co-defendants and associates to be sentenced, bringing the criminal case to an end. His 30-year sentence was the longest meted out by Judge Derrick Watson, who presided over the long and complex case.

The Notice of Appeal was filed after Magistrate Judge Kenneth Mansfield denied attorney Myles Breiner’s motion to withdraw from the case immediately. Mansfield’s reasons for turning down Breiner’s request may simply be a matter of timing.

In a brief letter attached to the “Notice of Appeal,” Bermudez says Breiner will no longer represent him once the notice is filed. The appeal itself will be filed later, presumably by a different attorney.

Letter attached to notice of appeal

Bermudez becomes the second defendant to challenge his lengthy sentence.

John Stancil, 37, Mike Miske?s younger half-brother, received a 20-year sentence, the maximum provided on the charge of racketeering conspiracy. Stancil filed a notice of appeal last year, which did not state the basis for the appeal. Following several delays, the opening brief in his appeal is due in the 9th Circuit Court of Appeals in September.

The appeals of both men are constrained by the terms of their plea agreements, in which each waived their rights to appeal their convictions and sentences “in exchange for the concessions made by the prosecution….”

Their plea agreements both provide that there are only two grounds of appeal that are available.

The first exception to the waiver provides the convictions or sentences can be appealed “based on a claim of ineffective
assistance of counsel.”

Further, if the defendant?s sentence is longer than the range spelled out in federal sentencing guidelines, the defendant may appeal “the portion of his sentence greater than specified in the guideline range….”

Bermudez’s 360-month sentence exceeds the high end of the guideline range, which was 327 months, the same sentence recommended by prosecutors. Although his plea agreement permits an appeal of the time period in excess of 327 months, even if successful it would reduce his 10-year sentence to “just” 27 years and three months.

At the time of Bermudez agreed to plead guilty in a deal with prosecutors, he was represented by Honolulu attorney Berney Berver. At the time, he did not express any reservations about the quality of Berver?s legal representation. Myles Breiner only took over the case in January, long after Bermudez was convicted, and represented him until this week.