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More Mush from DOJ, cont'd.

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Yesterday, I noted that, contrary to what Eric Holder told Congress, the so-called Smarter Sentencing Act does  not "restore discretion" to judges.  The main thing it does is cut the minimum sentences applicable to dealers in heroin and other extremely...

Bonners Ferry Men Indicted for Violent ATM Theft in McCall and ATM Thefts in Boise, Meridian, Utah, Colorado, and Wyoming

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BOISE — Nathan Paul Davenport, 34, and Matthew Taber Annable, 39, both formerly of Bonners Ferry, Idaho, were indicted today by a federal grand jury in Boise for multiple bank larcenies, conspiracy, and use of a deadly weapon during a felony offense, U.S. Attorney Wendy J. Olson announced.The indictment, which supersedes an earlier indictment filed only against Davenport, charges that on January 10, 2014, Davenport and Annable, aiding and abetting each other, broke into and stole cash from an automated teller machine (ATM) located at the Idaho First Bank in McCall, Idaho. The indictment alleges that they possessed, carried, used, and discharged a firearm, specifically a Ruger semiautomatic rifle, in connection with the offense. The rifle was used to shoot at pursuing police officers. The indictment additionally charges both men with individual ATM larcenies committed against Idaho Banking Company in Boise and Meridian on January 5, 2014. The indictment also alleges conspiracy to commit a string of ATM larcenies in December, 2013 and January, 2014, which occurred in Wyoming; Colorado; Utah; Boise and Meridian, Idaho; and finally cumulated with the ATM theft in McCall, Idaho. Forfeiture allegations are also filed for the purpose of forfeiting firearms connected with the crimes and proceeds of the crimes.“The theft of the McCall ATM and subsequent shootout with local law enforcement officers were violent and dangerous acts,” said Olson. “Where firearms are used to facilitate crimes such as this one and the associated conspiracy, Idaho law enforcement’s strong partnerships and ability to work with agencies in other states allow us to move quickly and decisively. The investigation has been detailed and thorough to allow us to bring these additional charges.”“The FBI appreciates the outstanding cooperation and professionalism of the Boise Police Department, Ada County Sheriff’s Office, McCall Police Department, Valley County Sheriff’s Office, Idaho State Police, United States Attorney’s Office, and many other law enforcement agencies in Idaho, Utah, Texas, and Wyoming,” said Mary Rook, FBI Special Agent in Charge for Utah, Idaho and Montana. “The joint efforts of these agencies were instrumental in resolving this case and ending a trail of ATM burglaries throughout the west. This case is an excellent example of what can be accomplished through cooperative law enforcement action.”Davenport and Annable were arrested without incident on January 12, 2014, in Orem, Utah, in connection with a separate ATM robbery in Wyoming. The two men are currently in federal custody in Wyoming.The charge of bank larceny by use of a dangerous weapon as charged in the Idaho indictment is punishable by up to 25 years in prison, a maximum fine of $250,000, and up to five years of supervised release. The charge of use of a deadly weapon during the commission of a felony offense is punishable by a mandatory minimum of ten years up to life imprisonment, a maximum fine of $250,000, and up to five years supervised release. The charge of bank larceny is punishable by up to ten years in prison, a maximum fine of $250,000, and up to three years of supervised release. The charge of conspiracy to commit bank larceny is punishable by up to five years in prison, a maximum fine of $250,000, and up to three years of supervised release.The case is being investigated by the Federal Bureau of Investigation, the Idaho State Police, the Valley County Sheriff’s Office, and the McCall Police Department.Indictments and complaints are a means of charging a person with criminal activity. They are not evidence. The person is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

TX - Midland Man (Joe Garza) Addresses City Council For New Sex Offender Ordinance

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Joe GarzaOriginal Article 04/09/2014 By Justin Kree MIDLAND - It's a story NewsWest 9 has been following since the beginning. A registered sex offender caught twice masturbating in a Midland neighborhood, in front of the same family. "I want a law to pass, or something to pass for all these sexual predators to have a sign posted in front of their house, or if they live in an apartment complex to put in front of the door. We need to protect our children," Joe Garza said. Joe Garza is... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

Lots of notable sentencing activity via the Sixth Circuit on this hump day

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I have long found that Wednesday seems to be a popular day for circuit sentencing decisions, and today the Sixth Circuit was involved in two notable sentencing actions. One action involves the decision, noted in this order, to grant en...

New York Man Cleared of 1989 Murder

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After serving 25 years in prison for a Brooklyn murder he did not commit, a New York man was released Tuesday and his conviction for murder was overturned. The New York Times reported that Jonathan Fleming was in Florida when the 1989 murder took place and new evidence proving that fact is what led to the indictment being dismissed. The valuable piece of evidence was a phone bill from the hotel where Fleming was staying during his Florida trip. In court yesterday, both parties agreed that the bill proved his innocence. Fleming was convicted of the murder of a rival drug dealer and sentenced to 25 years to life behind bars despite his alibi of being in Orlando for a family trip to Walt Disney World. Plane tickets and video from the vacation were ignored by prosecutors who said he could have taken any number of flights back to New York to commit the murder. An eyewitness identified Fleming at trial in exchange for a dismissal of a grand larceny charge. When she recanted before sentencing, the prosecution claimed she was lying. The Times reports that after Fleming's attorneys presented new evidence proving that their client was out of town when the crime occurred, an assistant district attorney, Mark Hale, told the judge, Matthew J. D'Emic, "Had it [the evidence] been available at the trial, the likely outcome of the trial would have been different." Fleming is among dozens of wrongful conviction cases that the new Brooklyn District Attorney, Kenneth Thompson, inherited from Charles Hynes when he took office this year. It is a separate group from the 50 murder cases that resulted in a guilty verdict that were investigated by Louis Scarcella that the Brooklyn District Attorney's Conviction Integrity Unit reopened last year. Scarcella was not involved in Fleming's case. Hale said based on the evidence, the state cannot retry Fleming. Read the full story.

News Scan

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DNA Links Illinois Man to Cold Case Murder: Authorities have made an arrest in the 1997 killing of a 14-year-old girl after DNA collected from the scene several years ago linked 36-year-old James Eaton to the crime.  The Associated Press...

Illegal Biking Leads to Heroin Arrest for New York Man

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In Binghamton, New York, it is illegal to ride a bicycle on the sidewalk.  That is what 37-year-old Rashiem Tompkins was doing on March 27 when police attempted to stop him for violating the city ordinance, according to news articles at Fox 40.  According to a civilian who witnessed the incident, Tompkins was observed tossing […]

New Hampshire Senate Judiciary Committee Recommends Repeal

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"Senate panel endorses death penalty repeal measure," is the AP report by Lynne Tuohy, via the Greenfield Time. The New Hampshire Senate Judiciary Committee is recommending passage of a bill to repeal the state's death penalty. The 3-2 vote Thursday...

My Favorite Woman. My Favorite Congresswoman. And Nancy Pelosi.

Help for Arrested Tourists in Daytona Beach

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Florida is one of the world's greatest tourist draws, attracting some 89.3 million visitors in 2012. Roughly 600,000 flock to Daytona Beach just for Bike Week. Sometimes though, vacations wind up being less than idyllic. Many Florida tourists are arrested. This can be an especially frightening prospect for those who are non-citizens. As Daytona Beach criminal defense lawyers, we know it is important for these individuals to seek experienced legal counsel. Not having the benefit of living nearby or even familiarity with the legal system can put defendants at a disadvantage. Florida has some of the country's strictest penal laws, and an arrest can quickly turn a trip into a nightmare, especially if the case is handled poorly from the outset. A good attorney can help guide you through the process - whether you're facing a misdemeanor or felony charge.

Featured Article: The Internet and the Constitution: A Selective Retrospective

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The Honorable M. Margaret McKeown of the United States Court of Appeals for the Ninth Circuit has a rather interesting article appearing in volume 9 of the Washington Journal of Law, Technology & Arts.In her article, The Internet and the Constitution: A Selective Retrospective, Judge McKeown examines the complexities of the Internet and its associated innovations from a legal perspective, from the many jurisdictional and due process challenges, to the implications on the First Amendment and free speech. Judge McKeown's story of "institutional stability in the face of change," however, is one she believes has been lost in the all-to-common narrative: "the Internet is changing all the rules and the system can’t keep up."I found the entire article fascinating, but for those looking for a cybercrime hook, the article's discussion on “The Fourth Amendment and Privacy,” beginning on page 161, may be of particular interest.The abstract appears below Over the last two decades, the Internet and its associated innovations have rapidly altered the way people around the world communicate, distribute and access information, and live their daily lives. Courts have grappled with the legal implications of these changes, often struggling with the contours and characterization of the technology as well as the application of constitutional provisions and principles. Judge M. Margaret McKeown of the United States Court of Appeals for the Ninth Circuit has had a close-up view of many of these Internet-era innovations and the ways the courts have addressed them. In this Article, adapted from her October 2013 Roger L. Shidler Lecture at the University of Washington School of Law, Judge McKeown offers her retrospective thoughts on the ways courts have handled constitutional issues in Internet cases. She also discusses some of the challenges currently facing courts and legislators alike as the U.S. legal system incorporates and accommodates Internet- based technologies and the societal, commercial, governmental, and relational changes they spawn.

Massachusetts Man Wrongly Accused

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Yesterday, Ross Currier, a Boston man, was cleared of sexual assault charges in the North End. Suffolk County prosecutors entered a nolle prosequi, which resulted in the termination of the charges of assault and battery, which carries a maximum penalty of 2 years in the House of Corrections, and indecent assault and battery, which carries a maximum penalty of 5 years in the House of Corrections, that Currier had been facing stemming from an incident that occurred on February 15, 2014. On February 15, 2014, a woman told police that she was approached from behind earlier that morning outside her North End apartment by a man who then threw her to the ground, groped her body and private areas, and took a picture under her skirt with his cellphone. Police arrested Currier on March 10 after the same woman saw him in the neighborhood and told police officers that she was "90 to 95% positive" that he was the man who attacked her. Not only did Currier have an alibi, stating that he was at home with his fiancee at the time of the woman's attack, but the same woman had already previously misidentified another man as her attacker. The other man was incarcerated at the time of the attack and could not have possibly committed the crime. District Attorney Daniel F. Conley's office said in a statement Wednesday that while prosecutors do believe the woman acted in good faith when she identified Currier, investigators later "developed evidence to suggest he was not the assailant." That evidence included a detailed review of Currier's alibi, a forensic investigation of his cellphone and an investigation of related cell tower location records. Currier demanded an apology from authorities, who he said "put him and his family through an extremely difficult ordeal" by charging him with a heinous crime he did not commit."Someone needs to take responsibility for the mistakes that were made throughout this entire process," said Currier. He placed blame on "the lack of due diligence by the police and everyone along the way." In a case like this, a dismissal of the case with prejudice would have been a better outcome for Currier than a nolle prosequi. A dismissal with prejudice would acknowledge that an innocent man had been wrongfully accused of the crime and the charges could never be brought against Currier again. Where as a nolle prosequi is a prosecutor's decision to voluntarily discontinue criminal charges and only shows that the prosecuting attorney is unwilling to pursue the case. It is an admission that the charges cannot be proven rather than an admission of the Defendant's innocence. Though it may seem as though Currier has a slam dunk case against the police, it is not that simple. Police officers are protected by a doctrine called qualified immunity. Qualified immunity shields government officials from liability for the violation of an individual's federal rights provided to them by the U.S. Constitution.This grant of immunity is available to state or federal employees performing discretionary functions where their actions, even if found to be unlawful, did not violate "clearly established law." In this case, Currier would have to prove that the officers actions violated some clearly established law. He may have a tough time proving this especially because as of yet, there have been no reports of unlawful behavior by the police or a lack of compliance with police protocol. If you have been charged with assault and battery, indecent assault and battery, or any other criminal offense in Massachusetts, contact my office immediately for your free initial consultation: (617) 830 - 2188 www.urbelislaw.com

Notable NY Times op-ed asks "What is prison for?"

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The new Marshall Project's editor in chief, Bill Keller, has this lengthy op-ed in this morning's New York Times under the headline "College for Criminals." There is much of note in the op-ed, and I found these closing paragraphs especially...

Woman Arrested on Loan Modification Fraud Charges

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Sabah Kennawi, 50, East Hartford, Connecticut, was arrested and charged with larceny and forgery in connection with a scheme that cost homeowners seeking to modify their home mortgage loans thousands of dollars. The defendant was charged with one count each of Larceny in the First Degree and Forgery in the Second degree as a result […]

Phoenix Prosecutors Pleading with State Court of Appeals Regarding Testimony of Police Detective in Retrial of Mother Accused of Murdering Son

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In 1990, Debra Milke was convicted of having her son murdered in 1989 in a desert outside of Phoenix.  Milke allegedly had two men shoot her son, who was 4 years old at the time.  After spending more than 20 years in prison on death row, Milke’s conviction was overturned by the Arizona Court of […]

Purchaser and Seller in Loan Fraud Scheme Sentenced to Prison

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Vathany Teng, 43, and Lina Ma, 55, both of Plano, Texas, were sentenced for their roles in a loan fraud scheme they ran from August 2007 to April 2008 that resulted in the total funding of more than $3 million in fraudulent loans. U.S. District Judge David C. Godbey sentenced Teng to 27 months in […]

Another Class-Action Lawsuit Filed Over Elk River Chemical Leak That Tainted Drinking Water of 300,000 West Virginians

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The lawsuits continue to be filed in the case where 10,000 gallons of chemicals spilled into the Elk River, tainting the drinking water of 300,000 West Virginia residents. The latest lawsuit is a class action like the others, with Summer and Robert Johnson of Charleston listed as the named plaintiffs, and Freedom Industries (which has filed for bankruptcy), West Virginia American Water, American Water Works, and Eastman Chemical named as defendants. Since Freedom Industries is in Chapter 11 bankruptcy, the suit may be voided or suspended, as filing for bankruptcy triggers a restraining order known as the automatic stay, which prevents would-be creditors from pursuing their collection efforts, including filing a lawsuit or continuing an existing lawsuit. If so, it may be possible to get permission from the court to pursue the lawsuit. A lawsuit may also be retroactively validated, though usually only in a case where the creditor did not know the debtor had filed for bankruptcy. Until Freedom Industries files a motion with the court, claiming violation of the automatic stay, the lawsuit remains active. In this case, the Johnsons accuse Freedom Industries of failing to maintain proper storage facilities for the crude MCHC and for failing to make information readily available after the leak. Regarding West Virginia American Water, the Johnsons claimed that it failed to understand the possible threats to the water supply, that it failed to maintain adequate water reserves, that it failed to keep proper filtration reserves, and that it failed to take proper actions after it learned of the chemical leak. Among the defendants was Eastman, producer of the crude MCHM, which was accused of not properly disposing of the MCHM, a waste byproduct.

Revenge Porn: Appeal To Reason or Emotion

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Bob Ambrogi and J. Craig Williams did a Lawyer 2 Lawyer interview on Legal Talk Network with Lee Rowland of the ACLU and Marc Randazza on the propriety of using criminal laws to stop revenge porn. In second half, they bring Mary Anne Franks in to debate the issue.  It’s a fascinating juxtaposition of Appeal to Reason versus Appeal […]

Man wrongly accused of sexual assault in Boston Municipal Court demands an apology

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Ross Currier, 26, an accountant was seen in the North end of Boston playing basketball by a woman who had been recently sexually assaulted. She told police that she was 90 to 95% sure that he was the man who assaulted her. Currier was arrested and charged with sexual assault, he was released on bail and forced to wear a GPS bracelet on his leg this past month. It was only after his alibi checked out through independent witnesses that the prosecutor agreed that they had arrested the wrong man. The case was dismissed in Boston Municipal Court and Currier made a statement to the press requesting someone take responsibility for what happened and apologize. This incident is a strong reminder of how eye witnesses and victims can misidentify a suspect very easily. What happens in a traumatic moment can be remembered far differently than what actually occurred. Our brains process and remember sensory input differently and memory accuracy is affected by stress and anxiety.

DUI Charges Dismissed in Rhode Island District Court

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Rhode Island DUI charges pending against a Client were dismissed today in the Fourth Division District Court in Wakefield, Rhode Island.  The charge, DUI with blood alcohol content between 0.10 and 0.15, was completely dismissed after the Defense successfully argued that the breath test was improperly administered.  Utilizing video footage obtained from the police department of the events that took place at the police station prior to the administration of the Intoxilyzer 5000, the Defense was able to show that the arresting officer failed to comply with the Department of Health Rules and Regulations pertaining to the administration of the Intoxilyzer 5000 chemical breath test.  As a result, the State determined that they had insufficient evidence with which to proceed against the Client and dismissed the Rhode Island DUI charge outright.At the Law Offices of Matthew T. Marin, Esquire, Inc., we have successfully argued in prior cases that the Intoxilyzer 5000 was improperly administered.  Proper administration of a chemical breath test, like most defenses in Rhode Island DUI cases, require specialized knowledge and experience to recognize.  Attorney Marin has handled a multitude of Rhode Island DUI cases, and we have probably seen a DUI case just like yours.  Our specialized knowledge and experience can be put to work for you to get you the absolute best result possible, and to potentially defeat your Rhode Island DUI case.If you are facing a Drunk Driving Charge in Rhode Island, contact Attorney Matthew Marin today for a free, confidential consultation.  Attorney Marin is an experienced, aggressive, and skilled Rhode Island DUI Defense Attorney who knows Rhode Island DUI Law and the defenses that may be available to you in your case.  As a General Member of the National College for DUI Defense, Attorney Marin keeps constantly apprised all of the latest DUI related defenses that he can put to work for you.  Contact us 24/7 at 401-228-8271, visit our website at http://www.matthewtmarin.com, or email us at mm@matthewtmarin.com.RHODE ISLAND CRIMINAL DEFENSE ATTORNEY MATTHEW MARINPHONE: 401-228-8271  CONNECT WITH US ON:        
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