“Although the factors [on CI reliability] go both ways, on balance they support the CI’s reliability. Most significantly, the deputies corroborated the CI’s story with their own investigation by conducting surveillance and executing a controlled buy.” United States v. Haynes, … Continue reading →
CA7: Controlled buy corroborated CI
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BGer 6B_1273/2016: Die Praxis bei Besitz von geringfügigen Drogenmengen
Gemäss Art. 19b BetmG ist nicht strafbar, wer unter 10 Gramm Cannabis für den eigenen Konsum vorbereitet. Davon ist der Konsum von geringfügigen Drogenmengen zu unterscheiden, der unter Art. 19a Ziff. 2 BetmG fällt. Wird dem Beschuldigten einzig die Vorbereitung des Konsums vorgeworfen, liegt gemäss Bundesgerichtsurteil vom 6. September 2017 eine straflose Vorbereitungshandlung vor. Damit könne auch nicht gesagt werden, das sich jemand rechtswidrig und schuldhaft im Sinne von Art. 426 Abs. 2 StPO verhalten habe. Das Bundesgericht schliesst daraus, dass dem Beschuldigten in einem solchen Fall daher auch keine Verfahrenskosten auferlegt werden dürfen, auch nicht teilweise (Erw. 1.6.2).In einigen Kantonen ist die Praxis im Umgang mit Betäubungsmitteln allerdings so, dass eine Person, die mit einer geringfügigen Drogenmenge angehalten werde, automatisch auch des Konsums bezichtigt werde, weshalb in diesem Fällen (automatisch) eine…
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Insider trading defendant's sentence vacated for further factual proof that he “acted in concert with” or “provided inside information” to his tippee's stockbroker.
US v. Metro, --- F.3d ---, 2018 WL 844823 (3d Cir Feb. 14, 2018)The Third Circuit vacated the sentence in an insider trading case due to insufficient factual findings in support of the district court’s decision to attribute others’ insider-trading gains to the defendant. Metro used his position at a law firm to give inside information to his close friend Tamayo. Tamayo then called his personal stockbroker Eydelman and gave him Metro’s information. Eydelman then made these trades for Tamayo, as well as for himself, friends, family members, and other clients. In all, Metro’s tips led to illicit gains of over $5.6 million. While Metro personally gained $168,000, the district court found him responsible for $5.6 million. In insider trading cases, the offense level is enhanced by a defendant’s gain and the gains realized by other individuals whom a defendant “acted in concert with” or “provided inside information” to.…
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MANSFIELD INVESTITURE FRIDAY
The league of prosecutors may be a collection of super-heroes, but they need a good editor. The League of Prosecutors congratulatesthe Honorable Joseph Mansfieldas she is sworn in today as County Court Judge. We wish you success as you serve the citizens of Miami-Dade County. It happens to the best of us. We made a typo once. It was post #789. Long weekend. Enjoy. From Occupied America, Fight the Power. Site Feed
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Baltimore Police Corruption Case Ends With Convictions
A federal jury recently found two former Baltimore Police officers guilty of robbery and racketeering after a two-week trial, and both now face up to 60 years in prison when they return to court for sentencing. The convicted officers join six others who already pled guilty over the last few months, which brings the total to eight corrupt cops that were part of a disbanded police unit dubbed as the gun trace task force. Four of the officers that previously pled guilty were called as witnesses for the government and testified against their former colleagues, no doubt in an attempt to secure lighter sentences for themselves. In addition, a former member of the task force that refused to engage in criminal activity and later transferred out of the unit testified for the government. The government called numerous victims, many of whom were admitted drug dealers who were robbed, beaten and threatened by the task force cops. Prosecutors also produced body camera footage and wire…
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Blocking Crash WB I90@18.2
Westbound lanes blocked due to crash, avoid this area if possible. Updates to folllow. 3905
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New Best-Selling Book by Tayari Jones Tackles Wrongful Convictions
What happens when a couple, married for only 18 months, is ripped apart by wrongful conviction? How does their love survive the trauma, separation and isolation of mass incarceration? In her new novel, An American Marriage, author Tayari Jones weaves a love story that masterfully tackles these questions and leaves readers breathlessly turning every page. Jones thrusts us into the world of Celestial and Roy, the young couple at the center of An American Marriage. Celestial is a talented artist hailing from Atlanta and Roy is a businessman with roots in Louisiana. Their journey through the long and arduous ordeal of incarceration and exoneration illuminates the day to day lives of the millions of Americans who are incarcerated and the millions of women and families whose lives are forever changed by the incarceration of a loved one. Jones beautifully illustrates the ways our criminal justice system—infected with racial bias—affects not just individuals but their loved…
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Does Enhanced Sentencing Apply under DCAC if Victim is Fictitious?
The Arizona Supreme Court recently ruled that enhanced sentencing does not apply if the victim is fictitious. Under Arizona’s Dangerous Crimes against Children statute (DCAC), a person convicted of a sexual crime against a child is subject to enhanced sentencing. These penalties are severe and designed to provide greater punishments to those convicted of the offenses. The question for the Court in this case was whether or not enhanced sentencing should be imposed under A.R.S. § 13-705(P) (1), when there was no actual victim. Continue reading
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"Senate Committee advances bill to reduce minimum sentences for drug charges"
From Jurist: The Senate Committee on the Judiciary[official website] on Thursday advanced [summary] S 1917[text], which will reduce minimum sentences for some drug related crimes. The bill, also known as the Sentencing Reform and Corrections Act of 2017, reduces the...
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*** UPDATE *** Blocking Crash WB I90@18.2
*** UPDATE *** All lanes are now open and clear for travel. Westbound lanes blocked due to crash, avoid this area if possible. Updates to folllow. 3905
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"U.S. Bank Cited by Federal Authorities for Lapses on Money Laundering"
From The New York Times: U.S. Bank, the fifth-largest commercial bank by assets in the United States, was charged by the federal authorities on Thursday with failing to guard against illegal activity and, in at least one instance, even abetting...
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Crash Southbound I-15 near Malad
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 5 5255 S. 5th Avenue, Suite 2 Pocatello, Idaho 83204 (208) 239-9800 FAX: (208) 239-9885 For Immediate Release: 2/16/2018 5:20 p.m. Please direct questions to the District Office Idaho State Police is investigating a crash southbound on I-15 near milepost 17, north of Malad, in Oneida County. The right lane of travel is blocked. More information will be provided as it becomes available. 3641 -------------
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"He was arrested for a sex act that’s no longer a crime. Years later, he remains convicted."
From The Washington Post: He was convicted of a sex crime — not because the act was not consensual (it was), nor because the teen was not within the age of consent (in Georgia, it is 16). He was convicted...
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Disorderly Conduct in Illinois
When people think of disorderly conduct, they may envision someone who is drunk and acting out in public. While this is a form of disorderly conduct, it is not the only one that can cause a person to face criminal charges. Disorderly conduct refers to an act that disturbs the peace. In some states, such acts result in a mere fine. In Illinois, however, these acts are charged as misdemeanors most of the time. In some instances, they are even charged as felonies. This means that a disorderly conduct charge can affect your life in many ways. Avoid getting in trouble with the law by understanding what types of acts can get you a criminal record in Illinois. What Illinois Law Says Under 720 ILCS 5/26-1, disorderly conduct consists of the following: Acting in an unreasonable manner to alarm or disturb someone; Sending a false alarm related to a fire, bomb, or dangerous chemical; Threatening to destroy a school building, property, or cause injury or death to…
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YOUNG FOOTHILL RANCH WOMAN CHARGED WITH MURDER ON SECOND DUI
A Foothill Ranch woman faces a murder charge under Penal Code section 187(a). It is alleged that on October 1, 2016, this woman, only 24 years old at the time, “with malice aforethought” killed another human being. Why am I writing about this on a DUI blog? Well, this young woman faces murder charges because she caused the death of another after her vehicle crashed into the truck of the deceased. It is alleged that she was intoxicated when the collision occurred. When a person causes the death of another in an accident, it is usually charged as manslaughter if the fault of the accident was due to the driver’s negligence or if the driver was violating the law. When a driver is DUI and causes a fatal injury to another, the driver may be charged under Penal Code section 191.5 for vehicular manslaughter. This is a separate offense and by definition includes gross negligence. But when a driver causes the death of another while under the influence of alcohol or…
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WHAT IS A “WOBBLER”?
A turkey? A person who has had a bit too much to drink? A spinning top? Well, it might be all those things, but in California law, a “wobbler” refers to an offense that may be charged and punished as a felony or a misdemeanor. There are literally hundreds of wobbler offenses on the California law books. Although the Penal (criminal) Code lists the most wobblers, these offenses are also found in other codes, such as the Business and Professions Code, the Health and Safety Code, the Professions Code, the Vehicle Code, the Commercial Code, and the Family Law Code. A wobbler provides for punishment by incarceration in state prison (a felony) or in county jail (a misdemeanor). For example, a charge of assault with a deadly weapon other than a firearm under Penal Code section 245 is punishable by either two, three, or four years imprisonment in state prison or incarceration in county jail for six months to one year. It’s important to keep in mind that even though…
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Should Judges Have Sentencing Rules?
Judges are given considerable leeway in sentencing. No serious person thinks this is a bad idea. The question subject to debate, at least in academia, is whether their judgment and outlook are so uniformly to be trusted that the legislature should be disabled from establishing any mandatory sentencing limits.The following story provides the answer all by itself. Its headline is, "Judge Cuts Pedophile's Prison Term Claiming 3-Yr-Old 'Asked' To Be Raped":A California judge has caused outrage after slashing 15 years off the prison sentence of a pedophile convicted of raping a 3-year-old child.Orange County Superior Court Judge M. Marc Kelly cut the child rapist's prison term down to ten years from 25 years claiming that "he didn't mean to harm" the 3-year-old girl that he raped.He also backed the claim from child rapist Kevin Rojano that the young girl initiated the act of sodomy. Rojano said in his own defense that…
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** Update ** Crash Southbound I-15 near Malad
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 5 5255 S. 5th Avenue, Suite 2 Pocatello, Idaho 83204 (208) 239-9800 FAX: (208) 239-9885 For Immediate Release: 2/16/2018 7:42 p.m. Please direct questions to the District Office ***** UPDATE ***** The right southbound lane is open. 3641 ****************** Idaho State Police is investigating a crash southbound on I-15 near milepost 17, north of Malad, in Oneida County. The right lane of travel is blocked. More information will be provided as it becomes available. 3641 -------------
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VI: Govt couldn’t rely on inventory to justify search when the vehicle wasn’t impounded
Officer’s knowledge that defendant possessed a firearm was not reasonable suspicion in itself because one could possess a firearm in the VI, albeit with a license. When officers observed bullet holes in the car and defendant was nervous and evasive, … Continue reading →
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Just Security: Microsoft Ireland: Extraterritoriality Step Zero
Just Security: Microsoft Ireland: Extraterritoriality Step Zero by Pamela Bookman: United States v. Microsoft is a fascinating case because it appears at the cross-roads of so many different areas of the law—the Fourth Amendment, criminal law, data privacy, cyberlaw, foreign … Continue reading →
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