The defendant in this case is appealing a four level enhancement that was applied to his sentence for using or possessing a firearm in relation to another felony offense. The district court found that the defendant’s firearm possession facilitated the underlying drug possession felony. Case Background According to the facts…
Articles Posted in New York
Defendant Contends Court Has Insufficient Evidence to Sustain a Drug Conviction
The appellant in this case is seeking to have his conviction reversed. He was convicted of possession of marijuana. A New York Criminal Lawyer said the question before the court is whether or not the evidence in the case is enough to sustain the conviction. Case Background At the time…
Drug Crime Defendants Claim There is Insufficient Evidence Against Them
The DEA along with the local Sherriff’s Department started a joint investigation of what was believed to be to be a cocaine trafficking organization. A New York Criminal Lawyer said the investigation focused on a local restaurant and its owner. The investigators believed that the owner of the restaurant was…
Court Weights Constitutionality of Sentencing for a Felony in the Third Degree
The Florida state filed an appeal placing in issue the constitutionality of the provisions of law pertaining to the inclusion of prior convictions in the charging information. This was due to the ruling of the circuit court, wherein the appellees who were charged and found guilty of petit larceny and…
Court Discusses Imposing Tax on Possession of Illegal Drugs
The question before the court in this case is whether imposing a tax on the possession of illegal drugs after the state has imposed a criminal penalty for the same conduct is in violation of the constitutional prohibition of successive punishments for the same crime. Law Review Montana’s Dangerous Drug…
Plaintiff Contends Gross Negligence by Newspaper Reporter
The case is about a libel suit filed by the Turkish national against the publisher, together with its managing director and other investigative reporters, for the republication into a book pertaining to several newspaper articles regarding worldwide narcotic trade covering several continents. A New York Drug Crime Lawyer said the…
In Consecutive Sentences it Depends on Whether the Acts Were Committed with the Requisite Intent
An appeal was filed by the defendant who was convicted with the crimes of murder and criminal possession of a weapon. He alleged that the court erred in its decision to impose consecutive sentences for the indictments he committed claiming that the accused acted with a singular intent. The Supreme…
Husband Accused of Lying Under Oath
The complainant husband was granted an uncontested divorce from defendant-wife on the ground of constructive abandonment. This cause of action, often referred to as sexual abandonment, is perhaps the ground most widely used in proceedings where both sides agree to the divorce. A New York Criminal Lawyer said that as…
Defendant Charged with Grand Larceny and Petit Larceny Challenges Sufficiency of Evidence
A man, who was found guilty of grand larceny and petit larceny, filed an appeal and urges the insufficiency of the evidence to support his convictions. But, the court finds the evidence sufficient to support the charges. The court therefore affirmed the conviction and sentence. Based on records, a New…
Defendant Contends Constructive Possession Could Not be Established in Drug Case
An undercover officer observed the accused hand a third party several glassines of heroin in exchange for money. When the officer solicited two glassines, the accused insisted that the alleged buyer first snort some heroin and, upon the officer refusing, the accused walked away without consummating that sale. When the…