It's taken me ten days, but I have finally watched all 75 episodes of Pablo Escobar: El Patron del Mal. The version with English subtitles starts here and ends here.
The series does not use real names for most of the characters, but the...
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Sunday Night Open Thread
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Columbia Man Charged with Felony DUI for Motorcyclists’ Deaths
Man Killed Two Motorcyclists on Labor Day, Charged with Felony DUI A Columbia-area man has been arrested on felony DUI charges for killing two motorcyclists in a drunk driving accident that occurred on Labor Day. Reportedly, driver Sean Aston, 21, was driving south on US 21 around 7 PM on Monday, September 2nd, when he crossed the center line […]The post Columbia Man Charged with Felony DUI for Motorcyclists’ Deaths appeared first on South Carolina DUI Defense Lawyers | Strom Law Firm, L.L.C..
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"Legal twists and turns continue in controversial rape sentencing case from Montana"
Douglas Berman at Sentencing Law & Policy excerpts a local news report: The Billings judge who drew local and national condemnation for sentencing a former Senior High teacher to 30 days in prison for raping a 14-year-old student canceled a...
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Convention Against Torture Victory For Somali National
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Should I get into Counseling or Treatment for a 1st Offense DUI in Michigan?
Anyone facing a 1st offense drunk driving charge has lots of questions. In fact, as each hour passes, every unanswered question sprouts even more questions. This article will deal with just one of the questions that, as a Michigan DUI...
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The motion is denied in all respects and defendant is ordered held for the grand jury.
On 22 September 2978, the fifteen year old defendant was arrested and charged with Robbery, Second Degree, P. L. Sec. 160.10, an act for which a fifteen year old may be held criminally responsible. P.L. Secs. 10, 30, as amended...
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Child Porn Defendant Received Adequate Warning About Acting as Own Lawyer – U.S. v. Eads
The U.S. Supreme Court ruled 50 years ago that people who are too poor to afford a criminal defense attorney should be appointed one at the expense of the government. That ruling was based on the unfortunate fact that it’s very difficult to succeed when you act as your own lawyer to defend yourself from criminal charges. Court cases are complex and require a specialized expertise that it’s difficult to acquire by studying law in your spare time. Even though courts give self-represented people some extra patience and sometimes extra chances, it’s very easy to miss an important deadline or misunderstand a rule and lose the case before he judge can even hear the merits. That’s why I was saddened but not disappointed to see an appeal from a pro se defendant rejected in United States v. Eads, a case out of the Seventh U.S. Circuit Court of Appeals.
Christopher Eads of Indianapolis was caught sharing child pornography through a peer-to-peer file-sharing program scanned by the local police. They got a warrant and searched his home, ultimately recovering 6,937 images and more than thirty minutes of video. His wife told police that he claimed to be an undercover FBI agent who had to download child porn for work. From a jail telephone, Eads asked his wife to recant her statements and say a former houseguest had set him up. These acts formed the basis for charges for possessing and distributing child pornography; and witness tampering. Eads decided six days before trial to represent himself, triggering a hearing at which he was asked if he was sure and warned about the potential consequences. He went ahead, argued that the houseguest was responsible for the images, and was convicted on all counts. At trial, the jury saw photos and videos from his collection, over his objection, even though he’d already stipulated that they were child pornography.
On appeal, Eads argued that he should not have been permitted to represent himself. The Seventh Circuit rejected this argument, saying there was no indication that he had been coerced, was impaired in any way, or was unaware of the potential dangers of self-representation. He next argued that the child pornography shown to the jury was unnecessary, because he had already stipulated that they were child pornography, and inflammatory. Neither party expressly asked for the judge to review the images beforehand, but the Seventh found that he or she should have. It further agreed with Eads that the judge should have given more than a “bare-bones” explanation of why the material was admitted. However, the court said, the error was harmless because the images had value aside from being inflammatory. In particular, it cited one image that had text over it requesting sex with a child and listing Eads’s email address. And Eads would likely have been convicted anyway, the court said, because the evidence of his guilt was clear. Rejecting his other arguments, the court affirmed his conviction and sentence.
Eads was sentenced to 40 years in prison, which is not quite a life sentence for a 26-year-old defendant, but not far. Unfortunately, that’s not uncommon in child pornography crimes. That’s why it is absolutely vital to get the help of an experienced defense attorney when you face charges as serious as these. Though nothing is for sure, an experienced attorney may have been able to keep the jury from being shown the child pornography, which surely was inflammatory; the opinion noted that some jurors cried after seeing it. A lawyer could possibly also have convinced Eads that the evidence was too great for a trial, then negotiated a plea agreement considerably better than the 40 years Eads will now serve. At Seltzer Law, P.A., we have represented many defendants accused of serious cyber crimes and vigorously defend each case.
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A Researcher's Request: For folks in California's L.A. County ONLY
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Appeals Court Affirms 20-Year Sentence For Florida Man in $19 Million Ponzi Scheme
The Eleventh Circuit Court of Appeals agreed that a federal judge was justified in departing from federal sentencing guidelines in handing down the maximum statutory sentence to a Florida man who masterminded a Ponzi scheme that defrauded more than 500 victims out of $19 million. David Lewalski received a 20-year sentence when he was sentenced by U.S. District Judge James Whittemore in November 2011, and asserted a variety of reasons why that sentence was in error - including that the sentencing judge should not have considered a letter Lewalski authored to his girlfriend in which he bragged about "snookering the prosecutor and probation officer in order to receive a lighter sentence."
Lewalski operated Botfly LLC, promising investors they could reap monthly returns of 10% through Lewalski's sucess in trading foreign currencies. Ultimately, Lewalski raised more than $30 million from over 500 investors. However, Lewalski only invested a small portion of these funds, and instead misappropriated millions of dollars in investor funds for a variety of personal expenses that included $45,000 in dental work, $244,000 at luxury retailers such as Gucci and Hermes, $475,000 in private jet service, $616,000 on luxury automobiles including a Porsche and Ferrari, and $144,000 on motorcycles and related expenses. After a complaint by a concerned investor, Lewalski was arrested in April 2010 and later entered into a plea agreement with prosecutors.
Lewalski challenged his sentence for several reasons, including that the sentencing court (1) failed to enforce his plea agreement by sentencing him to a higher range than that contemplated in the plea agreement, (2) improperly considered his pre-sentencing letter to his girlfriend, (3) improperly considered the disclosure by prosecutors that Lewalski had a $100,000 "getaway" fund, and (4) did not adequately explain its decision to make an upward departure from sentencing guidelines. The Eleventh Circuit dealt with each contention in short shrift, finding that the sentencing court was not bound by the recommended sentence and that Lewalski was expressly informed of this possibility. Nor did the sentencing court improperly consider the letter to Lewalski's girlfriend or the disclosure of his "getaway" fund. Finally, the sentencing court's explanation for handing down the maximum sentence was sufficient in that it considered the appropriate factors under 18 U.S.C. § 3553(a) and explained that it had serious concerns about protecting the public from any future criminal conduct by Lewalski and specifically noting his "arrogance and greed." By considering these factors, the sentencing court satisfied its obligations in handing down the sentence.
According to the Bureau of Prisons, Lewalski is currently scheduled to be released April 7, 2028.
The Receivership website for Botfly is here.
A copy of the indictment against Lewalski is here.
A copy of Lewalski's Plea Agreement is here.
A copy of the Eleventh Circuit's opinion is here.
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"Controlled Substances Act Looms Large After DOJ Statement on Marijuana Laws"
Sam Kamin (Denver Law) has this post at ACSBlog: But the memo can do only so much to alleviate the uncertainty and confusion caused by the continuing federal marijuana prohibition. In the first place, the memorandum is a unilateral act...
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What documents are required for my alcohol/drug evaluation?
Most Washington State District and Municipal Courts require that the State certified alcohol/drug/chemical dependency evaluator review at a minimum the following documents in completing an alcohol/drug evaluation for your Washington State DUI case: your (1) criminal history (DCH), (2) Washington...
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NM - Father (Emilio Chavez III) who police say beat peeping Tom to face charges
Original Article (Video available)
09/06/2013
By Anna Velasquez
ALBUQUERQUE - The father who police said beat a man who was allegedly peering into his daughter's bedroom window will be charged.
They said the accused peeping Tom suspect was so badly beaten, he's in the hospital.
On Friday, outraged neighbors came to that father's defense.
"We've got a father, a young father, who could lose everything because of this one person," said Michael Salter.
That one person has been...
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MO - 72 people removed from Missouri sex offender registry
Original Article
09/09/2013
JEFFERSON CITY - The Missouri State Highway Patrol says 72 people have successfully petitioned to be removed from the state's sex offender registry under the provisions of a 2009 law.
The law lets people who were 19 or younger at the time of their offenses ask to be taken off the registry if their victims were at least 13 years old and the sexual offense did not involve force. Decisions on whether to remove people from the list are made by judges.
On...
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Techdirt: Former lawyer who oversaw years of Fourth Amendment violations by the FBI nominated for federal judge seat
Techdirt: Former lawyer who oversaw years of Fourth Amendment violations by the FBI nominated for federal judge seat by Techdirt:
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NYT: Privacy, When Your Shoes Track Every Step
NYT: Privacy, When Your Shoes Track Every Step:
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Over 30 Players Arrested In NFL Offseason
The 2013 NFL season is officially underway, and week one of America's most popular sport is now in the books. Over one million people attended an NFL game in week one, and tens of millions more watched on television. The sport has never been more popular, and with the concussion lawsuit being resolved, the sport has never been in a better financial position. But the stain of a tumultuous offseason remains; as over thirty active players were arrested from the end of the Baltimore Ravens' Super Bowl win until the start of this season. Players from 19 different teams were either booked on criminal charges or taken into custody on outstanding bench or arrest warrants. The charges ranged in severity from simple possession of drugs all the way up to murder. Despite the league's growth in popularity and prosperity, player arrests are an issue that the commissioner's office will continue to battle in the coming years.
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Law.com: In Secret Court, Google Wants Public Hearing
Law.com: In Secret Court, Google Wants Public Hearing by Zoe Tillman:
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Samuel George Brown of Fort Pierce, Florida Arrested for Prohibited Possession of Firearms
Samuel George Brown of Fort Pierce, Florida was arrested recently after he was allegedly found with guns in his possession despite a prior felony conviction, along with an unspecified amount of marijuana, a press release from the United States Attorney for the Southern District of Florida indicates. Brown, 49, was booked into police custody on charges of possession of marijuana with the intent to distribute, prohibited possession of firearms, and possession of a firearm in furtherance of a drug trafficking crime. It is unclear whether he qualified for bail bond . The press did not specify a defense attorney for Brown.
According to reports, Brown is a previously convicted felon, although the details of his prior arrest and conviction were not immediately available at press time. Based on the indictment filed against him, a complaint was filed concerning Brown's illicit firearm possession sometime earlier this year; it is not clear how authorities discovered that Brown had firearms. In any case, Police, armed with a search warrant, went and search to Brown's home in Fort Pierce on June 8, 2013, the indictment says.
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OH - Keeping tabs on registered sex offenders
Original Article
09/09/2013
For the most part, Erie County Sheriff’s Capt. Steve Westcott is responsible for making sure the sheriff’s department keeps track of them all.
I joined Westcott one morning last week for an On the Job segment, hitting the road as we verified the addresses of just a few of the many sex offenders. “Most, I do not lose sleep over,” Westcott said. “But a handful, I do.”
He worries mainly about the repeat offenders, and those who are registered as sexual...
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CO - Should Child Offenders Be Punished for Life?
Original Article
09/09/2013
By SAM REYNOLDS
DENVER (CN) - A girl who committed incest when she was 11 and a boy who tried to hug a girl on a playground when he was 13 sued the governor of Colorado, claiming that children who commit offenses should not have to register as sex offenders for life.
Plaintiffs A.A., D.M. and V.A. sued Hickenlooper in his official capacity, in Federal Court. They challenge enforcement of the Colorado Sex Offender Registration Act, which they say invades...
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