Articles Tagged with “DRUG CRIMES”

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There’s been a lot in the circuits in the last week, but perhaps the most surprising bit is that the Seventh Circuit issued four opinions on supervised release conditions.

Supervised release may not be the sexiest of issues, but, especially in child pornography cases, it matters a lot. I’m not sure what’s in the water in Chicago, but whatever it is reaffirms that these conditions need to be narrowly tailored and properly justified.

To the victories!

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It’s a good week for sentencing remands in the federal circuits. To my mind, the most interesting case is United States v. Salgado, where the Eleventh Circuit reversed a district court for considering the person who was being sentenced’s role in the underlying offense that money was laundered in connection with, when the person was sentenced for money laundering. When you’re figuring out the guidelines, the Eleventh Circuit said you can’t do that.

Mr. Salgado was a leader in the drug operation in the case, but he wasn’t a leader in the money laundering. It turns out there’s an application note that says leadership on one offense doesn’t translate into leadership for the other.

To the victories!

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It seems that Rolando Ramos was a marijuana dealer. I say that because the police had him on a wire doing drug deals, found marijuana in his house when the executed a search warrant, and because he pled guilty to being involved in a conspiracy to distribute marijuana.

Mr. Ramos worked at a auto repair shop – which he dealt marijuana out of. One guy who worked at the repair shop had a brother in law who was a cop. The cop’s name is Carlos Burgos.

Mr. Burgos was convicted of being a part of Mr. Ramos’s drug distribution conspiracy. But the First Circuit, in United States v. Burgos, overturned that conviction because there wasn’t enough evidence.

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This week’s wins cover three circuits and four diverse areas of law.

Particularly interesting (to me) are the Fourth Circuit’s opinion holding that it may not be a crime to steal the identity of a corporation. It feels like corporate personhood and its limits are popping up in all sorts of ways these days.

The Eighth Circuit has an interesting jury instruction issue in a sexual assault case, and, remarkably, the First Circuit has a remand based on the sufficiency of the evidence in a marijuana conspiracy case. A good set of wins all around.

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Federal conspiracy law is a crazy thing.

It seems simple enough – a person is guilty of a federal criminal conspiracy if they agree with someone else to commit a federal crime and take some steps to carry out committing that crime.

But the agreement doesn’t have to be explicit – it can be inferred from the way people act. Sort of in the same way that when my daughter puts cookies in our shopping cart at the grocery store while I’m watching we have an agreement that we’re going to buy cookies.

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It’s very fashionable these days for United States Attorney’s Offices to bring large indictments charging many people with involvement in a drug conspiracy.

They almost always get convictions.

381260_conspiracy.jpgYet in the case of United States v. Gaskins, the D.C. Circuit – in an opinion written by a former federal prosecutor – ruled that the United States Attorney’s Office indicted, and a jury convicted, a man for being a part of a drug conspiracy when no reasonable juror could have found that he was involved.

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No one likes a liar.

Well, almost no one. Chief Judge Kozinski seems to like liars, at least some of the time.

But, generally, lying leaves a bad taste in our societal mouth. This is true even when the police do the lying.

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It must be hard for the police to be hot on a chase, then have to slow down to get a warrant.

But, even though the police are excited from being on the trail of a suspected drug mule, the Eighth Circuit held, in United States v. Ramirez, that just because the police are hurrying to get their man, they still have to get a warrant to search his room.

1144233_vacancy.jpgThe Great Omaha Goose Chase

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Nancy Bell had serious health problems. Because of those health problems, she was prescribed pain medicine – OxyContin.

When a person is prescribed oxycodone, which is the generic version of OxyContin, she is required to be tested through pill counts and urine screens to make sure she’s actually using it. Ms. Bell was tested, her treatment center said that she had an “outstanding record” of compliance.

494517_calculator_1.jpgThe Market For Oxycodone

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Sometimes, a case comes along, and you wonder if the government is even trying to be fair.

Brad Santini drove from Mexico into California. He had 28 kilograms of marijuana hidden in his car. It was found. He was charged and went to trial.

At trial, Mr. Santini’s lawyers argued that he may have been tricked into driving the car across the border after someone else hid the marijuana in it without his knowledge.