In a very powerful opinion, U.S. District Court Judge Otis Wright has dismissed the charges against three defendants in an ATF reverse sting case, finding the sting constituted outrageous government conduct.
The opinion is here.
The time has...
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Federal Judge Blasts ATF Stings, Dismisses Charges
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Major Changes to Federal Drug Crime Sentencing Guidelines Underway: DOJ’s Holder Helps Federal Criminal Defense Lawyers Get Lower Sentences for Drug Defendants
In 1986, Congress passed the Anti-Drug Abuse Act (”ADAA”) which formed a two level (aka two-tiered) formula for use in federal sentencing of certain kinds of drug traffickers. This was the first federal legislation passed as part of the “War on Drugs” (there were others, e.g., the Fair Sentencing Act of 2010). In the ADAA,...The post Major Changes to Federal Drug Crime Sentencing Guidelines Underway: DOJ’s Holder Helps Federal Criminal Defense Lawyers Get Lower Sentences for Drug Defendants appeared first on Dallas Justice.
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2014 Proposed Amendments to the Federal Sentencing Guidelines by the U.S. Sentencing Commission Added to Digital Library
The 2014 Proposed Amendments to the Federal Sentencing Guidelines by the United States Sentencing Commission (full text) have been added to the Michael Lowe Digital Library. byThe post 2014 Proposed Amendments to the Federal Sentencing Guidelines by the U.S. Sentencing Commission Added to Digital Library appeared first on Dallas Justice.
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Section 100.20 Criminal solicitation, exemption
The matters before the Criminal Court on the defendants' motions to dismiss the charges against them of criminal solicitation in the fifth degree on the ground that there exists some jurisdictional or legal impediment to the defendants' conviction and on...
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What followed elevated their seizures to full arrests
Defendant moves to suppress statements that he gave to the police, physical evidence recovered from his apartment, as well as identification testimony of a witness who identified him from a photo array. Defendant R. moves to suppress statements. A New...
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Should sex offenders be prohibited from winning lottery jackpots?
The question in the title of this post is prompted by this new FoxNews report headlined "Massachusetts official seeks to prevent sex offenders from collecting large lotto payouts." Here are excerpts: A Massachusetts state senator is pushing to close a...
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Term of Imprisonment May Not Run Concurrently With a Discharged Term of Imprisonment
United States v. Lucas, Nos. 12-4840-cr(L), 13-0743(Con), 13-1075(Con) (2d Cir. Mar. 17, 2014) (Parker, Lynch, and Droney) (per curiam), available hereThis published (and, therefore, precedential) decision reiterates what the Circuit had previously held only in non-precedential summary orders: that USSG 5G1.3(b) and 18 U.S.C. 3584 empower district courts to run sentences concurrently only to "undischarged" terms of imprisonment. Defendants pled guilty to conspiracy to distribute drugs and to using and carrying a firearm during and in relation to that conspiracy, in violation of 18 U.S.C. 924(c). The district court sentenced all three defendants to the mandatory minimum term of imprisonment on both counts: ten years for the drug charge and a consecutive five-year term for the gun charge.On appeal, defendants argued that the district court mistakenly believed that it had no authority to impose less than the mandatory minimum sentences by running those sentences concurrently to completed prison terms that defendants had previously served on related state charges.The Circuit held that the district court correctly ruled that it had no such authority. The Court noted that USSG 5G1.3(b) directs district courts to run a prison term "concurrently to the remainder of [any] undischarged term of imprisonment" if the recommended "term of imprisonment resulted from another offense that is relevant conduct to the . . . offense of conviction." The Court held that this language plainly refers only to "undischarged" prison terms.And 18 U.S.C. 3584 delineates only two categories of defendants who qualify for a concurrent sentence: those subject to "multiple terms of imprisonment ... imposed ... at the same time," and those who are "already subject to an undischarged term of imprisonment." The Court declared, "Nothing in the statute authorized the district court to extend the benefit of a concurrent sentence to a third category of defendants, those who have previously served sentences, now completed, for related crimes." Finally, the Circuit held that neither USSG 5G1.3(b) nor 18 U.S.C. 3584 draws an irrational distinction between discharged and undischarged prison terms. Accordingly, those provisions are not unconstitutional under the equal protection component of the due process clause.
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Massachusetts Department of Public Health Lab Technician Caught Faking Drug Tests, Over 40,000 Defendants May Have Been Affected
A Massachusetts lab technician has admitted to faking results, tampering with evidence and routinely ignoring agency test protocols when processing tens of thousands of law enforcement lab tests. The technician, Annie Dookhan, was known for being the most productive chemist in the Massachusetts Department of Public Health laboratory and the go-to chemist for prosecutors trying criminal drug cases.
Prosecutors now believe that Dookhan's stellar reputation was built on fraud. In 2012, the chemist informed Massachusetts state police that instead of properly testing all substances turned over by law enforcement, she would occasionally only test a fraction of the substances, yet verify that all of the substances were illicit drugs. Despite her admission, Dookhan has pleaded not guilty to all charges.
Dookhan's fraudulent testing has led to more than 330 inmates being released from custody in the last year, while over 1,100 cases have been dismissed due to tainted evidence. In the wake of the scandal, one manager at the lab and the state's public health commission have resigned, while another manager at the lab has been fired.
In August, a lawyer appointed by Massachusetts's governor to help create a database of Dookhan's cases reported that more than 40,000 defendants may have been affected. The state's public defender says the number of affected cases could be even higher because management and protocol lapses at the lab may have allowed other chemists to cut corners or falsify results. With thousands of challenges still making their way through the court system, many believe it will be years before all of the cases tainted by Dookhan are cleared.
Apart from seriously damaging the credibility of the Massachusetts justice system, Dookhan's fraud has led to numerous violent crimes occurring after inmates were released from custody because their cases may have been tainted. In Boston's Suffolk County, of the 240 defendants released because of the scandal over 60 have since been arrested on new charges. In one case, an inmate released from prison two years early murdered another man in a dispute over drugs. Two other inmates were killed in gang disputes shortly after their early release, while another was rearrested for exchanging gunfire with state police.
Dookhan's scandal does make one point clear: the U.S. justice system in its entirety, including law enforcement, the court system, prisons and ancillary resources such as lab testing, cannot handle the enormous workload that the war on drugs produces, and corners are being cut on all fronts as a result.
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"Drug Dealers Aren't to Blame for the Heroin Boom. Doctors Are."
The title of this post is the provocative headline of this interesting new article from The New Republic. Here is a portion of how the piece gets started: Heroin epidemics don’t come and go randomly, like the McRib. They have...
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FCPA Investigation Leads to Follow-On Securities Fraud Class Action Against Hyperdynamics
We recently reported on follow-on shareholder derivative suits against the boards of directors of Wal-Mart and Hewlett-Packard following investigations into whether those companies violated the Foreign Corrupt Practices Act. Hyperdynamics Corporation, an oil and gas startup, is now facing an FCPA follow-on securities fraud class action. Dennis Gerami, a Hyperdynamics shareholder, recently brought a putative class action lawsuit in the United States District Court for the Southern District of Texas based on purported misstatements Hyperdynamics made about its alleged FCPA violations. Hyperdynamics’ troubles began in September 2013 when it announced that the Department of Justice was investigating potential FCPA violations in connection with the company’s acquisition of exclusive oil and gas exploration rights from...
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Former T.V. Infomercial King, Kevin Trudeau, Sentenced to Ten Years
[Photo of Kevin Trudeau from Wikipedia] Did you hear the news about the sentencing of former television informercial spokesman Kevin Trudeau? According to published news reports, Trudeau has beensentenced to serve a whopping ten years in federal prison, following his conviction ona federal contempt charge. Here's hoping that other t.v. hucksters looking to prey on consumers will pay attention to what happened to Trudeau, as they ply their own diet and health miracles/quick fixes each night on late night t.v.! What do you think?
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3/31/14 CLE: LICENSE SUSPENSIONS, REINSTATEMENT, IGNITION INTERLOCKS.
1. Rules Regarding OUI and Refusal Suspensions in General. -Courts impose suspensions for OUI convictions under 29-A M.R.S.A. §2411, with the duration determined by how many prior “OUI offenses” are pled and proved. -The BMV imposes suspensions for OUI convictions under 29-A M.R.S.A. §2451, not based on what was alleged in the charging instrument but […]
The post 3/31/14 CLE: LICENSE SUSPENSIONS, REINSTATEMENT, IGNITION INTERLOCKS. appeared first on Ed Folsom.
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News From Florida
"Florida’s gruesome execution theater," is by Liliana Segura at the Washington Post. Here's the beginning: In the decades he spent filing stories from Jacksonville after visits to Florida’s execution chamber, former AP reporter Ron Word saw a lot that still...
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Alabama LI Secrecy Legislation Continues to Move Forward
"Ala. panel OKs secrecy for execution drugs, legislator says its needed to 'resume' executions," is by Kim Chandler of Associated Press. It's via the Tribune. Rep. Lynn Greer, the sponsor of a bill that would make the names of the...
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CA - Loma Linda agress not to enforce sex offender ordinance
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Be careful what you wish for . . . Kostick further muddles Knoll analysis
The decades-old state supreme court decision in State v. Knoll, 322 N.C. 535 (1988), dismissing charges against three impaired driving defendants, is confusing. For starters, the Knoll court’s decision hinged in part on its determination that the defendants were unlawfully detained. Yet the court never even mentioned G.S. 15A-534.2—the statute authorizing the detention of impaired […]
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NC - DA seeking tougher charges against officer (Michael Hayes) involved in prostitution ring with minors
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Safest Cars on the Market Today
Car shoppers have several resources to check the safest cars on the market. They can look at SaferCar.gov and check out the 5-Star Safety Ratings, for example. Consumer Reports also provides some insight into vehicle safety. And announced in late 2013, the Insurance Institute for Highway Safety (IIHS) released its latest list of Top Safety Picks.IIHS Top Safety Picks for 2014The IIHS issues Top Safety Pick and Top Safety Pick Plus awards for cars, minivans, SUVs and other vehicles. The list of vehicles that make the cut can act as a guide for car shoppers looking for safe cars on the market.To win the Top Safety Pick this year, a car must score a "good" rating in five different crash categories:moderate front overlap; moderate side overlap; roof strength; head restraint tests; andsmall front overlap (can receive good or acceptable rating in this category). In these tests, overlap is another word for two objects colliding with each other. Top Safety Pick Plus cars must score a "good" rating in the five crash categories plus have some sort of front crash prevention technology.The models that won Top Safety Pick Plus awards in 2014 were:Small Cars: Honda Civic 4-door, Mazda 3 (after 10/2013), Toyota Prius (after 11/2013);Midsized cars: Ford Fusion, Honda Accord 2- and 4-door, Mazda 6, Subaru Legacy, Subaru Outback;Midsize and Large Luxury Cars: Infiniti Q50, Lincoln MKZ, Volvo S60/S80, Acura RLX;SUVs: Mazda CX-5 (after 10/2013), Mitsubishi Outlander, Subaru Forester, Toyota Highlander, Acura MDX; Mercedes-Benz M-Class (after 8/2013), Volvo XC60; andMinivans: Honda Odyssey.Safety Features to Look for When Car ShoppingFront crash avoidance systems feature a variety of different kinds of technology. Cameras, radar, or lasers can sense collisions and stop the vehicle completely at lower speeds if they detect an imminent collision. At higher speeds, the sensors may only slow down the vehicle. Also, some cars have lane departure warnings that sound an alarm when the car drifts out of a lane. There are blind spot detection systems and backup cameras as well.Many cars have traction control systems that can stop the wheels from spinning on icy surfaces and other low traction situations. Sometimes the systems slow the wheels down so they have more traction with the ground. There's also electronic stability control systems for the wheels that prevent skidding on the road.Smart air bag technology is common on most new vehicles. These airbags detect the weight and position of passengers, so the airbags don't deploy on a baby car seat or when the passenger doesn't have a seatbelt.Auto insurance companies sometimes offer discounts for using front crash prevention technology and other safety features like:anti-theft devices; airbags; andanti-lock brakes. Drivers should contact their insurance company to ask if their car qualifies for these discounts.Legal Help after Car AccidentsChoosing a safe vehicle is one way to improve your chances of avoiding an accident or reducing injuries in the event of an accident. But no matter how many steps we take, we cannot completely eliminate the risk that negligent drivers bring. If you ever find yourself injured by a negligent driver, call Saile & Saile LLP. Check out our free guide, Don’t Crash Again! A Car Accident Victim’s Guide to Maximizing Recovery, and contact our office at 215-717-8471.
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WHAT'S THE ACTUAL VALUE OF HULK HOGAN'S $5,500 SHOES, RESIZED FOR A FLORIDA GRAND THEFT CASE?
It was revealed today that a $5,000 pair of shoes signed by local celebrity Hulk Hogan was stolen from his fancy beach store. It was also revealed that during the theft, possibly in a ruse to divert attention, a statue of Hulk Hogan was shattered to pieces. Oh, these are desperate times in Tampa Bay, Florida, yet of one thing we may be certain, Hulk Hogan was not in the store at the time otherwise the perpetrator would have been bagged and body slammed.Charlie Chaplin eats his ShoeIf the culprits are captured and charged, what is a fair way to assess the value of the stolen shoes? In Florida a third degree grand theft charge can be levied for any object valued at $300 or more, if less than $300, then the appropriate charge would be a misdemeanor petit theft. What if something of even greater value had been taken from the store such as Hulk Hogan's bandanna rather than just an old pair of his signed shoes? If the value of the bandanna was more than $20,000 then the theft would be assessed as a grand theft second degree felony. The higher the offense charged the more likely it is that jail will be ordered as punishment. And as you can see by how the charges are defined, it is the value of the property stolen that often dictates whether a case is resolved with or without prison time in Tampa Bay Florida.Yet the fact that Hulk Hogan's beach store sells his signed shoes for $5,500 doesn't necessarily mean they have an assessable value of $5,500. In fact, the thief may have thought the value so absurd that the shoes were taken as a joke. Value is more than what a victim says it is. The investigating officers and the Pinellas State Attorney's Office should look to find a reasonable actual value. One way to do that would be to make inquiry's from the store as to how many pairs of signed shoes have been sold and if so, for how much. In far too many grand theft cases law enforcement fails to make a complete investigate of value, because their focus is on solving the crime. Also, officers or prosecutors will add further charges such as scheme to defraud in an effort to force defendant's to plead guilty. But what about the possible criminal mischief charge against the thief for that shattered statue of Hulk Hogan? Like theft charges, criminal mischief charges are based on value, but with criminal mischief it is based on the actual value of the object destroyed or the value to repair an object. Making a calculation of actual value is arguable and problematic. Is it merely replacement value or is it something more, say the value of the statue to the Tampa Bay community - priceless or valueless? And if the statue of Hogan is repairable there'd still need to be an assessment of any value lost after the repair compared to the value before the destruction.Recently in Miami, Florida a museum's pottery piece on loan from China was intentionally destroyed by an art protestor. Upon the vandal's arrest the investigating officer was unable to ferret out from the museum staff what the actual value of the pottery actually was, so he simply wrote one million dollars in his police report causing sensational international press reports. The actual value turned out to be assessed for much less, but the potter in China must be smiling.As you can see in grand theft cases as well as criminal mischief cases value is often an elastic notion. It's important that a lawyer be prepared to exploit value weaknesses with expert testimony in order to have a felony or misdemeanor charge reduced or dismissed based on actual value.
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Illinois Supreme Court deems Miller ruling substantive and thus retroactive
As reported in this Chicago Tribune piece, headlined "Ruling allows new hearings for 100 convicted killers," earlier today the Illinois Supreme Court "ruled that state prison inmates serving life without parole for murders they committed years ago as juveniles will...
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