Louis Taylor, wrongfully convicted of setting a 1970 Arizona fire that claimed the lives of 29 people, was finally released this week after 42 years in prison on a no-contest plea. The Pioneer International Hotel fire is the worst in Arizona's history, though arson experts now believe that it wasn't intentionally set. The New York Times reports on Taylor's release:
"It's two tragedies," he said during a brief stop by the prison's gates. "The Pioneer Hotel fire, and me being convicted." Mr. Taylor, 58, who did not even know how to drive when he went to prison at the age of 16, is facing a bleak future in an entirely unfamiliar world. His case is among several in recent years to call into question some of the scientific principles that once guided fire investigations - including the idea that multiple and independent points of a fire's origin were proof of arson, a decisive element of Mr. Taylor's prosecution.
Taylor is represented by the Arizona Justice Project. Additionally troubling is the racial bias that contributed to his wrongful conviction. Taylor was found guilty-and narrowly escaped the death penalty-by an all-white jury. One of the fire investigators who testified at his original trial offered a profile of the perpetrator as a young black man. Despite the new scientific evidence challenging the finding of arson, prosecutorial misconduct, and other evidence of Taylor's innocence, he has not been exonerated. Instead, he was forced to accept a no-contest plea in order to be released. The plea allows him to continue maintaining his innocence but the plea will almost certainly bar him from seeking civil remedies. Arizona is one of 23 states that does not provide exoneree compensation. In another recent case, Ed Graf, of Texas, will receive a new trial based on doubts about the arson evidence that led to his 1986 murder conviction. Graf's case was identified by the Innocence Project of Texas in response to a review of old arson cases that arose out of a multiple year investigation by the Texas Forensic Science Commission. Read the full article. Read the Innocence Project's press release about the case.
Arizona Arson Case Overturned
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For blogging about circuit sentencing opinions, three is a magic number
Because I have been on the road a lot lately (and will be on the road again starting tomorrow), I have had precious little time to keep up with or blog about notable recent circuit sentencing opinions. And today I...
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New Mexico Senate Bill 294
On March 16th, 2013, the New Mexico House passed a bill that will allow for an individual to petition to expunge convictions for certain crimes. New Mexico law currently only allowesfor individuals to petition for post-conviction relief when new evidence [...]
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Rhode Island House Bill 5328
On February 7th, 2013, the General Assembly of Rhode Island introduced House Bill 5328 that would allow the expungement of up to five misdemeanor convictions. Currently, Rhode Island allows the expungement of a single nonviolent felony or misdemeanor crime for [...]
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Indiana Senate Bill 603 – Arrest and Conviction Expungement
On January 17th, 2013, the Indiana General Assembly introduced Senate Bill 603 that would allow judges to expunge an arrest or conviction from a person’s criminal record. Currently, Indiana allows certain misdemeanors and Class D felonies to be sealed. The [...]
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Bridgewater Massachusetts Facing Possession With Intent to Distribute Heroin in Brockton Court
For several weeks a Massachusetts Drug Task Force had been investigating a Heroin Distribution operation in the Bridgewater, Massachusetts area. The investigation suggested to the officers that Samantha Lee Costa was the source of local heroin sales. On April 1,...
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A Government of Men, Not of Laws
Many years ago, when there was less knowledge in the world, but people were generally smarter, a doctrine developed — an ideal — which was to form the very basis for a new nation, conceived in liberty, and dedicated to the proposition that all men are created equal. Before going further, let’s dispose of two [...]
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UK - Three guilty of murder after body was buried in suitcase (Stuart Wareham, Lee Wareham & Benjamin Walter)
Original ArticleAnd yet more proof that the online sex offender hit-list needs to be taken offline and used by police in the UK and elsewhere, and the article above has video that captured most of their crimes via CCTV.04/03/2013
Three men who killed a Boscombe man and then buried him in a shallow grave in woodland have been convicted of murder at Winchester Crown Court today.Stuart Raymond Wareham of Bournemouth, aged 26, his half-brother Lee Raymond Wareham, 33, and 22-year-old Benjamin Henry Walter, both of no fixed abode, killed [name withheld] in his flat in Cecil Road, Boscombe, on Thursday June 7 2012.
On Sunday June 10 2012 Dorset Police received a report that [name withheld] was missing from his flat. The circumstances were suspicious and it was believed, but not confirmed, that he may have been killed.
On Wednesday June 13 2012 Mr [name withheld]'s body was excavated from a shallow grave in woods. He had been buried in a large suitcase and had suffered horrendous injuries.
An inquest into the death of [name withheld] who was originally from Doncaster, was opened and adjourned at Bournemouth Coroner's Court. Evidence was heard that the 57-year-old died from multiple blunt force injuries.
During the trial, evidence of Mr [name withheld]'s previous sexual offending was publicised but addressing the jury the judge, The Honourable Mr. Justice Griffith Williams, said: “All human life has value and [name withheld] is entitled to the same justice as victims whose reputations are exemplary."© 2006-2013 | Sex Offender Issues
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Some notable headlines in wake of state prosecutors' decision to seek death penalty for James Holmes
I was intrigued to see this set of notable anti-death penalty headlines and commentaries in a bunch of major news sources this afternoon as a follow-up to the recent decision by Colorado state prosecutors to seek a death sentence in...
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Two Suspects in Holland-area Fatal Hit-and-Run Accident Apprehended by Police
On Easter Sunday, 24-year-old Joshua Owens was struck by two vehicles as he was crossing Ottawa Beach Road to use an ATM machine. Witnesses said that the two vehicles briefly stopped, and then fled the scene. Now, two people have been arrested in the incident which took place in front of the Itty Bitty Bar.
Maly Phongsavanh, 22, and Jeremie Collins, 26, were arrested on felony murder counts later in the day on Easter, after a tip from citizens regarding the whereabouts of the two suspects' cars was received by police. The two were said to be speeding when the accident occurred. Both suspects were charged with leaving the scene of a serious injury/death accident. Collins' bond was set at $5,000; he has 7 prior convictions including a 2009 OWI, according to news reports at Fox 17. Phongsavanh's bond was set at $3,000.
The victim had been celebrating his wife's birthday at the Itty Bitty Bar in Park Township when he crossed to go to the ATM to get money for a cab. On Monday evening, Maly Phongsavanh bonded out of the Ottawa County Jail, offering an apology to the victim's family. Phongsavanh told Fox 17, "I just want to say I'm really sorry to Owens' family. I would love to say I'm sorry in person if I could. It was an accident and I wish I could have seen him around that curve." Phongsavanh was driving a BMW when the fatal hit-and-run occurred; there was a passenger in the vehicle with her, 25-year-old Debbie Vongphachanh, who was also taken into custody.
Family members of the victim told local media that the vehicles appeared to be racing at the time of the accident, although police did not confirm this information. As of Monday, there had been no indication that any charges related to alcohol would be brought into the case.
Both Collins and Phongsavanh are expected back in court at 9 a.m. April 3 for a preliminary exam. If convicted, each could face up to five years in prison and a fine of up to $5,000.
Michigan criminal defense lawyers understand how devastating the situation is for the victim's family, losing a husband and father at such a young age. However, it is also very sad that the two accused of committing the fatal hit-and-run are young, and their lives will be forever affected.
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Cascade Township Massage Therapist Arrested for Criminal Sexual Conduct for the Second Time
In late March, Lawrence Urban was arrested after a customer at his massage therapy clinic, the Therapeutic Stress Free Massage Center in Cascade Township, alleged that Urban touched her inappropriately during a massage. After investigating the allegation, Urban was charged with 4th degree criminal sexual conduct and released on bail.
Now, the 49-year-old man has been arrested yet again in connection with a customer who said that she was sexually assaulted in late January or early February as she received a massage from the suspect. The Kent County Prosecutor's Office reviewed this information and authorized an additional two count warrant for 4th degree CSC. After his arrest on April Fool's day, Urban bonded out on $10,000 that same day.
According to police, Urban admitted to touching a female client's genital area after asking the woman if she wanted an orgasm. Kent County Sheriff's Detective Jason Russo said that after the woman answered no, Urban told her that "your body is telling me one thing, but you are telling me another."
Russo said that Urban told him the woman way lying on the massage table in a face-down position, and that he did touch her genitals without her permission. Urban told police that the way the client's muscles felt and her body language indicated to him that she desired to be sexually pleasured.
Police continue to investigate the allegations against Urban.
Michigan sex crime defense lawyers are dedicated to protecting the freedom and reputation of those charged with sex-related offenses. As in this case, it seems that often times after one alleged victim comes forward, others begin coming out of the woodwork. While it cannot be determined what situation is in this case, innocent people are often wrongfully accused of crimes they did not commit.
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Defendants Settle Civil Equity Skimming Suit for $1.7M
John V. Rich LaWanda J. Rich, Edwin L. Gage, Elaine R. Gage, Virginia L. Moore, and David E. Forgy are the subjects of a civil suit alleging an equity skimming scheme.
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ALL THE WORLD'S A STAGE
All the world's a stage;and all the men and women merely players;They have their exits and entrances;And one man in his time plays many parts....And then the justice,In fair round belly with good capon lined,With eyes severe and beard of formal cutFull of wise saws and modern instances,And so he plays his part. "William Shakespeare, As You Like It."![]()
The Miami Acting Company, of which Judge Bill Altfield has something to do with, is staging Man of La Mancha this weekend, and we have heard that there are a few REGJB regulars sprinkled throughout the cast. It's either that or the Marlins, and this seems a better value. Dr. Samuel Mudd was the physician who treated actor and presidential assassin John W Booth for the leg he broke when he jumped on to the stage after shooting the president. Mudd had also met Booth prior to the assassination. Mudd was later convicted of conspiracy. Blog trivia: What local prison did Mudd serve his time at before President Andrew Johnson pardoned him? Will Rumpole be at the play? Well, you can always Dream the Impossible Dream. See You In Court, making the impossible possible. Site Feed
The Miami Acting Company, of which Judge Bill Altfield has something to do with, is staging Man of La Mancha this weekend, and we have heard that there are a few REGJB regulars sprinkled throughout the cast. It's either that or the Marlins, and this seems a better value. Dr. Samuel Mudd was the physician who treated actor and presidential assassin John W Booth for the leg he broke when he jumped on to the stage after shooting the president. Mudd had also met Booth prior to the assassination. Mudd was later convicted of conspiracy. Blog trivia: What local prison did Mudd serve his time at before President Andrew Johnson pardoned him? Will Rumpole be at the play? Well, you can always Dream the Impossible Dream. See You In Court, making the impossible possible. Site Feed
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Richards on the Dangers of Surveillance
Neil M. Richards (Washington University in Saint Louis - School of Law) has posted The Dangers of Surveillance (Harvard Law Review, 2013) on SSRN. Here is the abstract: From the Fourth Amendment to George Orwell’s Nineteen Eighty-Four, our law and...
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Beating DUI Charges, DUI Consequences and Importance of DUI Attorney
DUI charges are usually based on a person's BAC or blood alcohol concentration and may be determined by the administering of a breath, blood or urine test (which is usually conducted if drugs are suspected). All 50 states and the District of Columbia have set a BAC limit. Most states have a legal limit of 0.08 for citizens over age 21. Can you beat a DUI charge?There are steps you can take to get the charges reduced or to beat a DUI conviction and be acquitted, or found not guilty, of the charge (source, details )1. Determine if you have a defense. The first step in beating any DUI charge is to determine if you have a legal defense to the crime. If you have a legal defense, you may be able to get the prosecutor to drop the charge against you or consider a plea agreement or a judge or jury to find you not guilty. Defenses to DUI may include: Involuntary Intoxication. If you were intoxicated involuntarily, such as if your drink was spiked, you may be able to use a defense of involuntary intoxication.Duress. If you were driving in order to prevent death or bodily injury from occurring, you may be able to use the defense of necessity. An example of duress would be someone holding you at gunpoint and forcing you to drive.Mistake of Fact. If you were mistaken about the fact that you were intoxicated, such as if you though the effects of your prescription had already worn off, you may be able to use a defense of mistake of fact.2. Plea bargain. Probably the most common way of avoiding a DUI conviction is through a plea bargain. A plea bargain is an agreement between a person charged with a crime (the defendant) and the prosecutor, wherein the defendant pleads guilty, usually to some lesser charge, in exchange for not having to stand trial, and a sentence upon which both parties agree. 3. Challenge the traffic stop. In order to stop a driver, an officer must have a “reasonable and articulate basis” to believe that a traffic or other law has been, or is being, violated. For example, if an officer said that a driver was weaving, that would not be considered a reasonable excuse to stop the driver, because weaving within your own lane is not a violation of any law. Not only must the officer provide a reason for the stop that a Court will find reasonable, but he or she must also be able to articulate that reason. 4. Challenge the officer’s suspicion that you were under the influence of drugs or alcohol. In order to establish reasonable suspicion that you were under the influence of drugs or alcohol, the officer will need to say that he or she smelled alcohol, that your speech was slurred, and/or your eyes appeared to be bloodshot. If you can establish that a medical condition, medication, allergies, or mouthwash caused the alcohol smell, slurred speech, or bloodshot eyes, you may be able to have any field sobriety, breathalyzer, or blood test results ruled inadmissible in Court. 5. Challenge the field sobriety tests. Probable cause for the administration of a breathalyzer or blood alcohol test or arrest is established when a suspect fails the field sobriety tests. However, the results of these tests can be prevented from being admitted as evidence in Court, if you can establish that the tests were not valid field sobriety tests or that the results were inaccurate. At the very least, you may be to prove to the judge or jury that the tests are not reliable, giving them reasonable doubt that you are guilty of DUI. 6. Challenge breathalyzer results. Breathalyzer equipment must be used and cared for properly. The devices must be calibrated and tested according to manufacturer instructions and standard procedures. Many departments may be using outdated equipment for which replacement parts are no longer made. These outdated machines can be both unstable and unreliable. In order to challenge the results of a breathalyzer, a defendant needs expert testimony regarding the unreliability of the specific breathalyzer model used, the officer to testify that he or she did not calibrate or test the machine according to procedure, and/or that he or she did not follow proper procedure in administering the test. If you can establish reasonable doubt that the breathalyzer result was accurate, the judge or jury may have to find you not guilty.7. Challenge blood test results. Blood alcohol tests must be done following specific rules and procedures. If the hospital or a law enforcement officer fails to follow the proscribed procedure, the results may be found inadmissible in Court. In order to establish that the proper procedures were not followed, one would need an expert to testify that they could not have been followed or the officer or healthcare provider who administered the test would need to testify that he or she did not follow the procedure. 8. Hire a good DUI defense attorney. While an attorney can be expensive, in the case of a felony DUI, it may be best for your criminal and driving record, if you spend the money and hire someone experienced with DUI defense.DUI ConsequencesFlorida Penalties for DUI First ConvictionFine - $250 to $500Community Service - 50 HoursProbation - Not more than 1 YearImprisonment - Not more than 6 MonthsImprisonment with BAL of .08 or higher with a minor in the vehicle, not more than 9 monthsLicense Revocation - Minimum of 180 daysDUI School - 12 HoursAddtional DUI ConvictionsThe penalties listed above are for a first DUI conviction. With each additional DUI conviction the penalties in Florida are more severe. For job seekers and also for those who have held their positions for some time, DUI convictions can lead to serious hardships in the workplace. Florida has tough DUI laws. If pleading no contest or guilty to DUI charges, or when found guilty after a trial, DUI defendants receive permanent blemishes on criminal records, even when no jail time is imposed. Unlike findings of guilt administered in many other types of criminal offenses, DUI convictions can never be sealed. That's why it's wise to consult with a criminal defense attorney about legal strategies which may lead to the avoidance of a DUI conviction. Fearing expensive jury awards, insurance companies often advise business clients to verify that prospective and current employees have never been convicted of DUI. People with career goals are mistaken when not appreciating the seriousness of DUI arrests. When learning a job applicant has been convicted of DUI, an employer often excludes the candidate from further consideration.Each state has different sentencing laws when it comes to a DUI conviction. An experienced and skilled DUI lawyer can fight your charges and advise you about your best options. West Palm Beach DUI/DWI AttorneyIt 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.The 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, including:Leaving 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.Distributed by Viestly
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New Mexico governor signs sex offender registration bill
4-3-2013 New Mexico:
Gov. Susana Martinez has signed legislation that will require convicted sex offenders who move to New Mexico to register with authorities for the crimes they committed in...
[[This,an article summary.Please visit my website for complete article, and more.]]
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Sex offender faces charge after lobbying legislators
4-3-2013 Iowa:
A registered sex offender from Davenport has been charged with failing to register his employment as a lobbyist in Des Moines and faces up to two years in prison.
Michael Byars,...
[[This,an article summary.Please visit my website for complete article, and more.]]
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Applying for SSDI in Los Angeles With a Brain Tumor
Scientists at Duke University say they may have discovered a drug that could help to more effectively diagnose and possibly treat some of the most common brain tumors. ![xrayhead1.jpg]()
According to a study published late last month in the Proceedings of the National Academy of Sciences Monday, the researchers learned more about how the mutation that causes cancerous brain tumors develop, meaning they may have found an avenue that would allow faster diagnosis 0 which would mean quicker intervention and potentially better outcomes.
Los Angeles Social Security Disability Lawyer Vincent Howard of HOWARD LAW understands that for those struggling with a brain tumor any severe neurological condition, all options are on the table - and you don't have the time or energy to be focused on applying for disability benefits.
That's why once you get a basic handle on your condition and how it is affecting your day-to-day life and ability to function, you (or your loved one) should make an appointment to meet with an experienced disability insurance lawyer who can help guide you through the process of filing a claim. You can continue to undergo treatments while we take on the task of ensuring your benefits claim is amply filled out and properly filed.
The viability of your claim is going to be based largely on the severity of your condition and how it has impacted your normal capacity.
Brain tumors are going to be evaluated in one of two ways: Either as a malignant neoplastic disease (if the tumor is cancerous) or as a neurological impairment if the tumor is benign.
If your cancer is benign, Section 11.05 of the SSDI impairment listings holds that you will be evaluated on the basis of the body system that is affected. So for example, if the tumor has caused you to develop a form of epilepsy, you would be evaluated on the basis of that condition. If it has caused damage to your nervous system, you would be evaluated on that basis.
However, if your cancer is malignant, you would be evaluated under the impairment listing 13.02, which is the portion of SSDI's listing that cover soft tissue tumors of the head and neck. You would be eligible quite immediately if the tumor was inoperable or unresectable or if it was persistent or recurrent despite initial treatments. It would also be a fairly straightforward case if the cancer had spread to your lymph nodes.
The Social Security Administration recognizes that a cancerous brain tumor is a serious condition, and typically, so long as you have proof of the condition and its severity, it shouldn't be an arduous process. However, having our help means you and your family don't need to be concerned with it. Further, if there are any questions or doubts raised - as inevitably arise in these cases - we will be the point person for the administration to help quickly get them the information they need to make an informed decision (usually our attorneys can get directly through to doctors and surgeons faster than patients for written reports or detailed examination records).
We're here to help.
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According to a study published late last month in the Proceedings of the National Academy of Sciences Monday, the researchers learned more about how the mutation that causes cancerous brain tumors develop, meaning they may have found an avenue that would allow faster diagnosis 0 which would mean quicker intervention and potentially better outcomes.
Los Angeles Social Security Disability Lawyer Vincent Howard of HOWARD LAW understands that for those struggling with a brain tumor any severe neurological condition, all options are on the table - and you don't have the time or energy to be focused on applying for disability benefits.
That's why once you get a basic handle on your condition and how it is affecting your day-to-day life and ability to function, you (or your loved one) should make an appointment to meet with an experienced disability insurance lawyer who can help guide you through the process of filing a claim. You can continue to undergo treatments while we take on the task of ensuring your benefits claim is amply filled out and properly filed.
The viability of your claim is going to be based largely on the severity of your condition and how it has impacted your normal capacity.
Brain tumors are going to be evaluated in one of two ways: Either as a malignant neoplastic disease (if the tumor is cancerous) or as a neurological impairment if the tumor is benign.
If your cancer is benign, Section 11.05 of the SSDI impairment listings holds that you will be evaluated on the basis of the body system that is affected. So for example, if the tumor has caused you to develop a form of epilepsy, you would be evaluated on the basis of that condition. If it has caused damage to your nervous system, you would be evaluated on that basis.
However, if your cancer is malignant, you would be evaluated under the impairment listing 13.02, which is the portion of SSDI's listing that cover soft tissue tumors of the head and neck. You would be eligible quite immediately if the tumor was inoperable or unresectable or if it was persistent or recurrent despite initial treatments. It would also be a fairly straightforward case if the cancer had spread to your lymph nodes.
The Social Security Administration recognizes that a cancerous brain tumor is a serious condition, and typically, so long as you have proof of the condition and its severity, it shouldn't be an arduous process. However, having our help means you and your family don't need to be concerned with it. Further, if there are any questions or doubts raised - as inevitably arise in these cases - we will be the point person for the administration to help quickly get them the information they need to make an informed decision (usually our attorneys can get directly through to doctors and surgeons faster than patients for written reports or detailed examination records).
We're here to help.
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Law Enforcement Watching for Aggressive Drivers April 5-14
BOISE - They’re out there and you’ve seen them – bold, pushy or selfish drivers putting you and others at risk. That’s why the Idaho Transportation Department (ITD) and Idaho law enforcement agencies are combining forces to stop aggressive driving April 5-14. “Nearly half of all drivers will admit to aggressive driving in the past 30 days,” said Josephine O’Connor from ITD’s Office of Highway Safety. “Most of us drive aggressively at some point, but we don’t think that it could result in either ourselves or our passengers being killed or seriously injured.” In Idaho, 465 people were killed as a result of aggressive driving from 2007 to 2011. Aggressive driving contributes to nearly half of all Idaho motor vehicle crashes. Nearly three-quarters of aggressive-driving crashes statewide occur in urban areas, but four out of five fatal aggressive-driving crashes involve a single vehicle speeding through a rural area. Drivers ages 19 and younger are more than four times as likely to be involved in an aggressive driving crash than all other drivers.Speeding, not obeying traffic control devices, following too close (tailgating), driving too fast for conditions, weaving in and out of traffic, making improper lane changes, passing on shoulders in an unsafe manner and unnecessary horn-honking are considered aggressive driving behaviors and traffic violations by law enforcement.Screaming or flashing lights and making rude hand or facial gestures are additional aggressive-driving behaviors that could escalate to road rage, a criminal act.Road rage is a deliberate act of assault with a motor vehicle or other dangerous weapon by the occupant of one vehicle against the occupant of another vehicle, O’Connor explained. Often, the person who incites the road rage may not have done so intentionally.Road rage can lead to criminal charges.O’Connor advises motorists to stay calm and safely get out of the way if confronted with an aggressive driver. Do not challenge him or her, avoid eye contact and ignore gestures. Always be sure that seat belts are fastened in case abrupt movements cause a loss of vehicle control. Citizens have the right to report an aggressive driving or road-rage incident to law enforcement agencies if witnessed in the absence of an officer.
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//blawgsearch75.rssing.com/chan-6519914/article1540-live.html
U.S. v. Augustine, No. 12-50061 (04-03-13) (Hurwitz with Callahan and Ikuta)In the Fair Sentencing Act, Congress finally addressed, somewhat, the inequitable disparity between the sentences for crack and the sentences for powder cocaine. The defendant here was sentenced before the FSA went into effect, and his sentence, both mandatory minimum and guidelines, was higher than he would have gotten under the FSA. Does he get the benefit? He moved under the retroactive guidelines statute, 3582(c)(2), for a reduced sentence. The district court had lowered his sentence by one month, to 121 months. And there it stays, even after the appeal, because the mandatory minimum remains unchanged, and he was sentenced before FSA. The Supreme Court in Dorsey had carved out an exception for those sentenced after FSA even if their acts were before FSA. It does not apply here, because the acts and sentencing were prior to FSA. Yes, there is still disparity, but Congress did not make FSA retroactive to mandatories and such is life, or at least the sentence. The 9th joins all the other circuits in this holding.U.S. v. Jennings, No. 11-50315 (02-04-13) (Clifton with O'Scannlain and Trott)The 9th affirms an enhanced adjustment of two levels for "sophisticated means" in a tax fraud under 2T1.1(b)(2). What was so "sophisticated"? The use of a deceptive name on a bank account in order to shield income. The sophistication does not have to be complex, or brilliant, or exceedingly devious; it just needs to involve a greater level of planning or concealment. Here, the concealment was a fictitious account with a deceptive name to which siphoned funds were diverted. That was sufficient to affirm the enhancement.
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