US v. Alexander, No. 12-30156 (8-6-13)(Tashima with Nelson and Callahan). The defendant used stolen checks to create a counterfeit check, with the victim's name and address and routing number. This act was aggravated identity theft under 18 USC 1028A. Counterfeiting a check with such identification was using a means of identification.
//blawgsearch75.rssing.com/chan-6519914/article3421-live.html
↧
↧
FBI IN THE CHILD PORN BUSINESS: FBI Distributes Illegal Images of Child Abuse to Catch Pedophiles
When the James “Whitey” Bulger scandal broke in the 1990s, FBI faced the daunting, perhaps, insurmountable task of repairing the damage caused to its image by this murderous informant and… read more →
↧
Seventh Circuit Upholds Above Guidelines Sentence for Child Porn Distribution – U.S. v. Stinefast
The sentencing guidelines for child pornography crimes are infamous for being inflated—resulting, in some cases, in downward departures from the guidelines. So I was interested to read a Seventh U.S. Circuit Court of Appeals opinion upholding a sentence that was actually above the guidelines. In U.S. v. Stinefast, Corey Stinefast of Illinois was charged with distribution of child pornography after he handed an informant a CD full of the material. He was later discovered to have a very large cache of child pornography. He received an above-guidelines sentence of 38 years in prison and appealed the sentence only, arguing that it was unreasonably high as well as alleging misconduct by the prosecutor. The Seventh Circuit ultimately upheld the sentence as reasonable.
The FBI began working with an informant in Illinois after the informant was caught in possession of child pornography. To reduce his sentence, the informant agreed to expose the other two members of a local child pornography ring, who were Stinefast and his co-defendant, Jose Garcia. He wore a wire when Stinefast gave him a compact disc full of child pornography, which formed the basis for Stinefast’s arrest and charges. Agents also searched Stinefast’s home and found more than 200,000 images and videos of child pornography. He was charged with one count of distribution and eventually pleaded guilty, after withdrawing a mental health defense after examination by a prosecution mental health expert. At sentencing, he asked for consideration of his own history of being sexually abused and his low IQ. The court ultimately sentenced him to 216, agreeing to the prosecution’s request to go above the guidelines sentence of 121 to 151 months.
On appeal, Stinefast argued that the prosecution had made inappropriate comments at sentencing; that the court should have considered the mitigating factors he mentioned; and that the above-guidelines sentence was substantively unreasonable. The Seventh Circuit rejected all three arguments. The sentence was not unreasonable, the court said, because the district court was within its discretion to consider Stinefast’s large and occasionally disturbing child porn collection, his past conviction for pulling down young boys’ pants, and his failure to reform after serving time for prior convictions. Stinefast’s mitigating factors were not well supported, the court added, and the district court did acknowledge them and indeed cite them in its determinations. And the allegedly improper comments by prosecutors, related to an implication that Stinefast had molested children, were not prejudicial even if they were improper, which it felt they were not.
District courts do indeed have wide discretion, because they are the finders of fact in criminal cases. But in my opinion, courts should consider whether long prison sentences like this are truly deterrents, or truly just more penalty heaped onto an already serious penalty. Part of the stated reason for Stinefast’s long sentence was the size of his child pornography collection and the inclusion of especially disturbing material. Both of these issues were cited in the U.S. Sentencing Commission’s report on child pornography sentencing as reasons why sentences are inflated: child pornography possessors are often collectors because they barter with the material, so size and disturbingness doesn’t necessarily reflect their own proclivities. Adding yet more time onto a sentence for those reasons seems an awful lot like an emotional decision without rational basis.
![]()
![]()
![]()
![]()
![]()
↧
Manatee County Criminal Defense Attorney :: Port Manatee's Former Chief Financial Officer Charged with 15 Felonies
Port Manatee's former chief financial officer was arrested last month and charged with 15 felonies, including dealing in stolen property, defrauding a pawnbroker and being an accessory to crimes allegedly committed by his son.
The 61-year-old turned himself in to the Manatee County Jail and was booked on the 15 charges.
He was fired last month from his $149,000-a-year job at the port due to his alleged involvement in thefts that were apparently committed by his 24-year-old son.
![pawn shop.jpg]()
His son is facing multiple counts of burglary, theft and defrauding a pawnbroker. He has been accused of taking power tools, an air conditioner and other property from the port and pawning it. He is currently being held at the Manatee County Jail.
Police claim that the former CFO bought back some of the property from pawnbrokers and returned it to the port without notifying authorities it was stolen in the first place.
The man apparently told officials his son has a drug problem.
The Manatee County Sheriff's Office investigated the crimes. Court documents show that the 61-year-old allegedly bought a laser measure, a GPS unit, an air conditioner, a projector, a camcorder and other electronics back from several pawnshops and returned the products to the port, even though he knew they were stolen.
He is accused of helping his son conceal his alleged crimes, the accessory-after-the-fact charge.
![]()
![]()
![]()
![]()
![]()
His son is facing multiple counts of burglary, theft and defrauding a pawnbroker. He has been accused of taking power tools, an air conditioner and other property from the port and pawning it. He is currently being held at the Manatee County Jail.
Police claim that the former CFO bought back some of the property from pawnbrokers and returned it to the port without notifying authorities it was stolen in the first place.
The man apparently told officials his son has a drug problem.
The Manatee County Sheriff's Office investigated the crimes. Court documents show that the 61-year-old allegedly bought a laser measure, a GPS unit, an air conditioner, a projector, a camcorder and other electronics back from several pawnshops and returned the products to the port, even though he knew they were stolen.
He is accused of helping his son conceal his alleged crimes, the accessory-after-the-fact charge.
↧
Aaron Hernandez Responds to fan Letter
Ex-New England Patriots player Aaron Hernandez, currently incarcerated for an alleged murder, declared his innocence as he responded to a fan letter, saying that "all the people who turned on me will feel like crap." TMZ, which on Thursday published...
![]()
![]()
![]()
![]()
![]()
↧
↧
Assault family violence
I have an assault family violence charge from 2001. My ex husband and I had gotten in an altercation with alcohol was involved on both sides. He hit me and I retaliated after 7yrs of abuse pressing charges just for [...]
↧
Gladys Jaramillo of Sweetwater, Florida Arrested for Aggravated Abuse
Gladys Jaramillo of Sweetwater, Florida was arrested this past week for allegedly habitually leaving her 30-year-old mentally disabled son locked in a room while she went out, news sources report. Jaramillo, 56, was booked into the Miami-Dade County Jail on charges of false imprisonment, aggravated abuse, and neglect on a mentally disabled adult. She is being held in lieu of a $15,000 bail bond. Reports did not say whether Jaramillo has hired a criminal defense lawyer.
Based on reports, Jaramillo and her son live in a trailer located at Northwest 3rd Street in Sweetwater. The 30-year-old victim suffers from an unspecified mental illness and is not able to care for himself, sources indicate. It is unclear whether any other family members share the responsibilities of caring for the victim or if Jaramillo is his sole caretaker.
According to reports, an anonymous tipster police claiming that Jaramillo would leave the victim locked up in a gated room while she went out, sometimes for several hours. Police went to Jaramillo's home to investigate the claim. When officers arrived at the residence no one was home, reports say. Officers requested the help of the Miami-Dade Fire Rescue department in opening the trailer's door.
Inside, police located "a small room with a blacked-out window and a rusted iron door with a lock accessible only by the outside" where the victim was allegedly kept, reports say. One officer reportedly said the room was "dungeon-like. As soon as you walked in the door, the smell of urine and feces slapped you in the face." Reports say the room was mostly bare except for one mattress; there was no lighting or access to a bathroom, and the floor was covered with human feces and urine.
![]()
![]()
![]()
![]()
![]()
↧
Defendant Charged in Handgun Case Avoids Five Year Sentence after Switching Lawyers.
As an Aggressive Criminal Attorney who handles exclusively criminal matters who only handles criminal cases, I have often written about the perils of hiring unqualified. Perhaps it is due to the current economic conditions, but I am increasingly seeing attorneys whom I know are NOT criminal specialists handling criminal cases, including serious felonies in the Circuit Court. I think that people who are not experienced in dealing with attorneys think that a lawyer is a lawyer. Nothing could be further from the truth. Like doctors, many lawyers specialize in various areas of the law including criminal defense. It seems like a pretty obvious point that the lawyer specializes in one area is going to develop more expertise in that area than a so called "general practitioner" who often handle cases in as many as a dozen separate areas of the law.
I have in many instances throughout my career been hired by people who have belatedly figured out that their attorney simply did not know what he or she was doing. Sometimes that realization comes before any real damage has been done and sometime only after. Here is a specific case involving domestic violence and handgun offenses that I took over from another lawyer who was in over his head:
![]()
![]()
![]()
![]()
![]()
↧
Zotie A. Osborne of North Palm Beach, Florida Arrested for Battery
Zotie A. Osborne of North Palm Beach, Florida was arrested Tuesday after she was accused of beating a man with a broomstick, news sources report. Two other suspects believed to have taken part in the assault were not identified in reports; it is unclear whether they have been arrested. Osborne, 18, was booked into the Palm Beach County Jail on charges of felony battery. She was later granted a supervised release. It is not yet known whether Osborne has hired a criminal defense lawyer.
The victim, who has not been identified in public reports, apparently hired an employee for an unspecified purpose sometime before the incident. Reports did not identify the former employee or say what services he or she performed for the victim. After the employee stopped working for the victim, he or she purportedly claimed that the victim owed the employee's boyfriend money. Based on reports, Osborne and the other two suspects appear to have been friends of the former employee.
On March 3, the victim went to a residence in the 2100 block of Vitex Lane, near PGA Boulevard and US 1, to resolve the issue. The victim exited his car and began walking towards the home, where he was greeted by Osborne and two unidentified accomplices rather than his former employee.
Sources say Osborne and the two accomplices confronted the victim. Osborne allegedly picked up a broomstick and began to bludgeon the victim; the accomplices joined in and began punching and kicking the victim, sources allege. The victim resisted and was able to run to his car, and flee the scene.
![]()
![]()
![]()
![]()
![]()
↧
↧
Arnald Thomas-Darrah and Jovan Ralfhel Dean, Fort Lauderdale, FL Bouncers, Arrested for Battery
Arnald Thomas-Darrah and Jovan Ralfhel Dean, Fort Lauderdale, Florida bouncers, were arrested this past week for assaulting customers Alexander Coelho and David Parker following a dispute at Dirty Blondes Sports Bar, news sources report. Thomas-Darrah, 30, and Dean, 35, were booked into the Broward County Main Jail on charges of battery. A judge ordered that Thomas-Darrah be held in lieu of $1,000 bail bond;. It is unclear whether Dean qualified for bail. The press did not specify an attorney for either of the defendants.
According to reports, both Thomas-Darrah and Dean work as bouncers for Dirty Blondes Sports Bar on Fort Lauderdale Beach Boulevard. It remains to be seen how this incident will affect their position at the popular nightspot. In a public statement, a spokesperson for the bar called the assaults "an isolated incident" and apologized to patrons who had to witness the scuffle.
Reports say the incident occurred on July 26 at Dirty Blondes. Coelho, Parker, and two others were at the bar and began arguing with a bartender, sources say. The bouncers then asked the four to leave. The customers complied, and once outside, one of the men asked to speak to a manager. That is when the alleged assault began.
"All of a sudden, [Dean] picked up the victim's friend [Parker] by the neck and threw him to the ground," the affidavit reportedly says. Then, Thomas-Darrah reportedly struck Coelho's eye with a closed fist without "warning or provocation." The assault escalated from there, reports say. "[Thomas-Darrah] struck [Coelho] in the face a second time, knocking him to the ground ... Once on the ground the defendant punched the victim a third time and forcibly kicked the victim in the back of the head. The victim never had an opportunity to defend himself," the affidavit reportedly stated. Following the incident, Coelho was transported to the Broward Health Medical Center; he received stiches for lacerations above his eyes, reports say.
![]()
![]()
![]()
![]()
![]()
↧
What Should You Do If You Have A Warrant for Your Arrest?
Living with the knowledge that you have an active warrant for your arrest is certainly not an enjoyable way to live. If you know that you have an active warrant for your arrest, or even suspect that you do, in California, the best thing you can do is to contact ...The post What Should You Do If You Have A Warrant for Your Arrest? appeared first on Law Office of Domenic J. Lombardo.
↧
Since the defendant here did not possess the car, there can be no such inference.
Defendant is charged by information with petit larceny, criminal possession of stolen property in the fifth degree, unauthorized use of a motor vehicle in the third degree and criminal mischief in the fourth degree, in that he was a passenger...
↧
Pursuant to CPL § 440.20(1), a motion to set aside a sentence may be made at any time after the entry of a judgment
Defendant was indicted on twelve charges, including one count of Robbery in the First Degree, PL 160.15(3); two counts of Robbery in the Second Degree, PL 160.15(1) and (2)(a); one count of Robbery in the Third Degree, PL 160.05; one...
↧
↧
King County District Court - SW Division moving to RJC
If you have been charged with a DUI in King County and you have been going to Court in the SW Division down in Burien, then pretty soon you will be going to Court at the Regional Justice Center or RJC for short in Kent. Likewise if you have been arrested for a DUI in South King County or even in the Seattle area by certain Target Zero Troopers then your arraignment will be at the RJC if your
↧
New Leadership at NYADP
"Rev. Valerie Ackerman Named Executive Director of New Yorkers for Alternatives to the Death Penalty," is the news release issued by NYADP, via Read Media. Here's the beginning of the release: The Most Reverend Howard J. Hubbard, Bishop of Albany...
↧
Can an officer Breath Test me for no reason?
An officer pulls you over for speeding. He asks for your license, insurance, and registration. He goes back to his car and discovers, after a computer check, the license is flagged as an "alcohol restricted driver" because you have a prior DUI or alcohol violation. The officer has no reason to believe that you have been drinking other than the flag on the license. Because of the "scarlet letter" on your license, he decides that he is going to see if you have consumed alcohol. He gets out and sticks a preliminary breath tester in your mouth. Can he do this based on the sole reason your license is flagged?
I fought this battle last month in Salt Lake. The officer admitted he smelled no alcohol, saw no signs of impairment, and the only reason for the PBT test was because of the flag on the license. The judge ruled that the officer went beyond the scope of the initial detention and had no reason to expand the search and scope of the detention by given the driver a PBT test.
This behavior is becoming more common with police officers. They are not allowed to go on a fishing expedition. Contact a good DUI attorney if this happens to you.![]()
↧
Q&A with Catherine Jarboe
The National Catholic Reporter's Conversations with Sr. Camille posts, "Woman advocates repeal of death penalty as part of unconditional pro-life policy." It's conducted by Sr. Camille D'Arienzo. Here's the beginning of this lengthy interview: Catherine Jarboe, 45, is director of...
↧
↧
Evicted Miami-Dade Sex Offenders are Homeless by Railroad Tracks
8-7-2013 Florida:
LAKE MONROE -- Following international media attention that brought embarrassment to the State of Florida, the County of Miami-Dade shut down the Julia Tuttle Sex Offender Camp...
[[This,an article summary.Please visit my website for complete article, and more.]]
![]()
![]()
![]()
![]()
![]()
![]()
![]()
![]()
![]()
![]()
![]()
![]()
↧
Lying In Traffic Violations When Stopped By Police
Cop 'Upset' By Speeding Woman's Dying Dad Lie, Arrests HerA New Hampshire cop was so miffed when he discovered an "emotional" woman had lied to him about speeding in her car to get to her dying father that he later went to the woman's house and arrested her for driving with a suspended registration."I'm pretty used to people trying to bend the truth to get out of speeding citations, but this woman preyed on my emotions as a human being," Christopher J. Cummings, the state trooper who made the arrest, told ABC News today."She told me her father had stage four cancer, that he was breathing only six breaths a minute, and that she was trying to make it to the hospital before he passed," Cummings said.Cummings pulled over Carley Williams, 28, of Nashua, N.H., on Friday night for speeding, he said."I was parked along the turnpike with my radar unit when I saw the vehicle travelling 82 mph in a 65 mph zone," Cummings said. "I took her driver's license and asked a question that I ask everyone I pull over. I asked if there was an emergency."That is when Williams told her elaborate lie, the trooper said. Source, full story.Know Your Rights: What To Do If You're Stopped By Police, Immigration Agents or the FBI Your RightsYou have the right to remain silent. If you wish to exercise that right, say so out loud. You have the right to refuse to consent to a search of yourself, your car or your home. If you are not under arrest, you have the right to calmly leave. You have the right to a lawyer if you are arrested. Ask for one immediately. Regardless of your immigration or citizenship status, you have constitutional rights.Your ResponsibilitiesDo stay calm and be polite. Do not interfere with or obstruct the police. Do not lie or give false documents. Do prepare yourself and your family in case you are arrested. Do remember the details of the encounter. Do file a written complaint or call your local ACLU if you feel your rights have been violated. SourceThere are times when getting a ticket for exceeding the speed limit can be fairly minor, requiring only the payment of a fine. However, if you're caught driving at speeds much greater than the speed limit, you may have to deal with more serious consequences. When speeding under the influence of alcohol, you may be facing criminal charges. In that case, there's no question = you're going to need a lawyer.Multiple Speeding Tickets Are More SeriousIf you're pulled over by a police officer for driving even just a few miles over the speed limit, you'll likely receive a ticket. In many states, you can either pay the fine or appear in traffic court to dispute it. For your first speeding violation, the punishment may not be so bad. But fines and points on your license will increase with each additional speeding ticket to the point where you lose your license.Speeding Can Become Reckless DrivingSpeeding can be considered reckless driving if you're driving dangerously over the legal speed limit. This is a serious charge and hiring a lawyer to defend you becomes more important. If you or your lawyer can't come to an agreement with the court, the number of points placed on your driving record may be so substantial that just one reckless driving violation can result in the loss of your license. SourceMoving Violations Include DUIsIt is not illegal to drink and drive in Florida, so long as your blood alcohol content (BAC) is not over .08 or your normal faculties are not impaired. At the law firm of Andrew D. Stine, P.A., in West Palm Beach, we advise our clients to neither blow into a breathalyzer machine nor do a roadside test. Why give evidence to the state if you don't have to?If you have submitted to a breathalyzer test and failed, that is not the end of your case. The Intoxilzer 5,000 and Intoxilzer 8,000 breathalyzer machines used to measure BAC in Florida have significant problems. If you have an expert witness and an experienced attorney who can challenge the accuracy of the machine in court, the BAC evidence may be thrown out. DUI/DWI Lawyer Andrew Stine has obtained not-guilty verdicts due to machine failure for clients who have had blood alcohol levels of .229 and .227.Moving Violations and DUI Criminal AttorneyThe most important thing in DUI/DWI cases is early intervention by your attorney. This preliminary involvement will help you avoid the consequences of a conviction, which are very serious in Florida. We will also represent you at your hearing before the Florida Department of Motor Vehicles in order to protect your right to drive.In addition to DUI/DWI charges, we represent clients in DUI accident cases, includingLeaving the scene of accident with severe bodily injuryDUI/DWI severe bodily injuryDUI/DWI homicideDUI/DWI manslaughter There are defenses in DUI accident cases, which an experienced and capable lawyer can use. Even if you made a statement to police during your arrest, our lawyers can usually get that evidence thrown out of court. Any statement you give officers cannot be used against you due to the Florida accident report privilege.Free consultation 24/7: Call West Palm Beach criminal defense lawyer Andrew D. Stine, P.A. at (561) 832-1170. Se habla español.Protecting your right to driveUnless your request a DMV hearing within 10 days of arrest, you will lose your driver's license. Even if your license is revoked, we can apply for a hardship license, which is usually immediately granted to you. We have never had a hardship license denied to one of our clients.Distributed by Viestly
↧
“Interpol looks for Icelander – Last seen in Paraguay”
News of Iceland on August 7, 2013 released the following: “The International Criminal Police Organization, Interpol, looks for Icelandic Friðrik Kristjánsson. He has not been seen or heard from since April but was last seen in Paraguay. The Icelandic police officially started looking for Friðrik early July this summer. Friðrik is 30 years old and […]
↧
