ROTHSTEIN DONATELLI HUGHES DAHLSTROM SCHOENBURG & BIENVENU LLP
ATTORNEYS AT LAW
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Peter Schoenburg Partner |
Peter is a partner in the Albuquerque offices of Rothstein, Donatelli, Hughes, Dahlstrom, Schoenburg & Bienvenu, L.L.P., and has been in private practice since 1993. He specializes in complex, criminal defense work in both federal and state courts.
Peter teaches Trial Advocacy and Evidence at UNM Law School as an adjunct faculty member. For ten years, he co-authored a bimonthly column on the defense of drug cases in The Champion. He is the 2002 recipient of the Charlie Driscoll Memorial Award, the highest award bestowed by the New Mexico Criminal Defense Lawyers Association (NMCDLA). In 1984, he received the National Legal Aid and Defender Association's Defender Services Award for his work as a state public defender. He now serves as chair of the CLE committee.
Peter has successfully represented persons charged with a wide variety of white-collar criminal offenses involving healthcare, tax fraud, environmental defenses, National Lab security allegations, bank fraud, mail fraud, illegal trading in sacred tribal objects (NAGPRA and ARPA), and foreign Corrupt Practices Act violations. He also regularly represents Native Americans charged with illegal possession of feathers in connection with their religious practices.
Education: Yale University (B.A., 1975); Rutgers University Law School (J.D. 1978)
Prior positions: Chief Assistant Federal Public Defender, District of New Mexico, 1989 - 1993. Assistant Attorney General, State of New Mexico, 1984. District Public Defender, 1st Judicial District, 1980 - 1983. President of the NMCDLA.
Professional memberships: Albuquerque Bar Association; State Bar of New Mexico (Chairman, 1986 - 1987; Board Member, 1985 - 1988, Criminal Law Section); National Association of Criminal Defense Lawyers (Vice Chair, Judiciary Reform Committee, 2002 - 2003); New Mexico Criminal Defense Lawyers Association (President). New Mexico Board of Legal Specialists Recognized Specialist in Criminal Law. Listed in The Best Lawyers in America-Criminal Defense (since 1994).
Practice areas: Federal Criminal Law; Criminal Law; Post-Conviction Remedies; Civil Rights
Recent Notable Opinions In Criminal Cases:
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State v. Rendleman 134 NM 744 (2003) (finding some child photos taken by Santa Fe artist not to be covered by criminal statute and establishing for the first time nationally, that the 1st Amendment may protect naked images of children)
US v. Hardman 297 F. 3d 1116 (10th Cir. 2002) (en banc) (finding that a member of an Indian tribe, not recognized by the Federal Government, has the right to possess eagle feathers for religious purposes)
US v. Velarde 214 F.3d 1176 (10th Cir. 2000) (Reversing conviction because Pediatrician allowed to vouch for truthfulness of child witness and not qualified to give opinion on sexual assault allegations under Daubert)
State v. Allison 129 NM 566 (2000) (reversing 1st degree murder conviction based on improper cross examination of defendant)
US v. Gonzales 957 F. Supp. 1225 (1997) (dismissing the criminal prosecution of a Pueblo man who shot an eagle for religious purposes based on the Religious Freedom Restoration Act)
US v Kennedy 955 F. Supp. 1331 (D.N.M. 1996) (failure to maintain and document training of police drug dog rendered affidavit insufficient to establish probable cause to search bags)
US v. Greenspan 26 F.3d 1001(10th Cir. 1994) (new sentencing ordered when Federal Judge refused to recuse himself after defendant accused of plotting to kill the Judge)
US v. Boyll 774 F. Supp. 1333 (D.N.M. 1991) (dismissing prosecution of non-Indian member of Native American Church for possession and importation of Peyote on religious freedom grounds)
Publications: “Unspeakable Suspicions – Challenging the Racist Consensual Encounter”, The Champion, October 1993. “Survival Tips for the State Criminal Practitioner in the First Stages of a Federal Case”, The New Mexico Criminal Practice Manual, 1992. Co-author of “Controlled Substances”, a bimonthly column in The Champion, October 1993 – March 2002.