Mark Branon is a former Arizona marijuana trafficker who was convicted in federal court in 2003 of running a Scottsdale-based smuggling operation and orchestrating murder-for-hire plots against a state prosecutor and his own defense attorney. Judge Susan R. Bolton sentenced him to 780 months, or 65 years, in federal prison. In 2020, one of his firearms convictions was vacated after a Supreme Court ruling, removing a consecutive 30-year term and opening the door to resentencing on his remaining counts.1GovInfo. Branon v. United States, CV-16-04599-PHX-SRB – Report and Recommendation
The Scottsdale Marijuana Operation
A federal indictment in the District of Arizona identified Branon as the leader of a marijuana trafficking organization that ran stash houses in Scottsdale during 1998 and 1999.2Pinal Central. Plot on Prosecutor Draws 60-Year Term A second superseding indictment, filed September 4, 2002, charged him with eleven felonies: conspiracy to possess marijuana with intent to distribute, conspiracy to import marijuana, maintaining establishments for storing controlled substances, running a continuing criminal enterprise, and related firearms and murder-for-hire counts.1GovInfo. Branon v. United States, CV-16-04599-PHX-SRB – Report and Recommendation He also faced money laundering charges in two separate Arizona state cases. He was arrested on the federal charges in August 2002.
The Shooting at Billie Rosen’s Home
Billie Rosen was an Arizona Attorney General’s Office prosecutor handling drug and money laundering cases against Branon. On the evening of March 19, 2002, a gunman shot through a window at her Glendale home. The bullet struck her brother, Richard Rosen, in the back, damaging his spleen and lungs and critically wounding him.3Phoenix New Times. Lord of the Lies Investigators recovered a broken piece of a silencer at the scene.
Prosecutors alleged that Billie Rosen, not her brother, was the intended target, and that Branon had directed the attack.2Pinal Central. Plot on Prosecutor Draws 60-Year Term A spokesperson for the U.S. Attorney’s Office said Branon never revealed who pulled the trigger. The actual shooter was never publicly identified or charged.3Phoenix New Times. Lord of the Lies
The Plot Against His Own Attorney
The second murder-for-hire scheme targeted Branon’s San Diego-based defense attorney, Sheldon Sherman, after Sherman agreed to testify against him. Sherman himself faced felony charges for allegedly laundering Branon’s drug proceeds. Authorities alleged Branon traveled from California to Arizona to arrange the killing. Defense attorney Mike Kimerer said the alleged hit man, Daniel Martyn, was arrested while on his way to carry out the murder.3Phoenix New Times. Lord of the Lies
Conviction and 65-Year Sentence
After a jury trial in the District of Arizona (Case No. CR-02-750-PHX-SRB), Branon was convicted in 2003 on eight of the eleven counts: conspiracy to possess marijuana with intent to distribute (Count 1), two counts of maintaining a drug storage establishment (Counts 2 and 3), conspiracy to import marijuana (Count 4), continuing a criminal enterprise (Count 5), possession of a firearm with a silencer in a crime of violence (Count 8), felon in possession of a firearm (Count 10), and possession of a firearm with an obliterated serial number (Count 11). The jury acquitted him on the murder-for-hire count (Count 7) and one firearms count (Count 9), though the murder-for-hire allegations remained central to the prosecution’s case at sentencing.1GovInfo. Branon v. United States, CV-16-04599-PHX-SRB – Report and Recommendation
On August 26, 2003, Judge Susan R. Bolton imposed a total sentence of 780 months. The individual terms broke down this way:
- 360 months on Counts 1, 4, and 5 (drug conspiracy and continuing criminal enterprise), concurrent.
- 240 months on Counts 2 and 3 (drug storage establishments), concurrent.
- 120 months on Count 10 (felon in possession), concurrent.
- 60 months on Count 11 (obliterated serial number), concurrent.
- 360 months on Count 8 (silenced firearm), consecutive to all other counts.
The consecutive 30-year term on Count 8 effectively doubled his prison time. News reports at the time rounded the total to 60 years.2Pinal Central. Plot on Prosecutor Draws 60-Year Term
Count 8 Vacated in 2020
Branon’s silenced-firearm conviction was undone by a Supreme Court decision. In United States v. Davis (2019), the Court struck down the residual clause of 18 U.S.C. § 924(c)(3)(B) as unconstitutionally vague. That clause had been used to define a “crime of violence” for the severe consecutive penalty under § 924(c). After Davis, a conspiracy charge could no longer serve as a valid predicate offense for such a conviction.1GovInfo. Branon v. United States, CV-16-04599-PHX-SRB – Report and Recommendation
Branon had filed an amended motion under 28 U.S.C. § 2255 on June 21, 2016, seeking to vacate Count 8. On October 17, 2019, the government conceded the conviction should be vacated and that he should be resentenced on the remaining counts. A magistrate judge issued a Report and Recommendation on February 6, 2020, and Judge Bolton adopted it on February 27, 2020, formally vacating the Count 8 conviction and sentence and ordering resentencing on Counts 1, 2, 3, 5, 10, and 11.4GovInfo. Branon v. United States, CV-16-04599-PHX-SRB – Order
Removing Count 8 stripped away the 360-month consecutive term that had nearly doubled Branon’s prison time. His remaining counts carried concurrent sentences capped at 360 months, giving the resentencing the potential to shorten his time in prison substantially. Available court records do not show the specific sentence imposed at the resentencing, and they do not confirm whether Branon has since been released from federal custody.