Criminal Procedure

Published on: February 16, 2013

Defendant Contends Government Relying on Hearsay Evidence

by Stephen Bilkis

The appellant in this case was convicted for possession and use of a gun. This conviction was based on a statement from a witness that the defendant possessed an identical gun that he typically kept in his home in another state.

Case Background

The defendant was arrested in March of 1990. Agents from the Bureau of Alcohol Tobacco and Firearms had tracked him from his home in Missouri to Texas. The agents watched him for a few days and acquired evidence to identify him as the buyer of a large amount of drugs. After concluding that the defendant had completed the purchase and was going to leave Texas with the drugs the agents alerted the local police. The police pulled him over and found 30 pounds of marijuana (marijuana possession) in the trunk of the car and a pistol in a sock on the floorboard behind the driver’s seat.

Published on: February 11, 2013

Defendant Claims 6th Amendment Right to Impartial Jury was Violated

by Stephen Bilkis

The appellant was convicted on a charge of conspiracy to distribute marijuana and distribution of approximately 530 pounds of marijuana. A New York Criminal Lawyer said he is appealing this conviction on the ground that the trial court’s examination of prospective jurors was inadequate and that the venue for the distribution count was improper.

Case Background

The conspiracy and distribution convictions of the defendant come from his attempt to sell a large amount of marijuana to an undercover agent. The transaction between the defendant and the undercover cop was arranged by a co-conspirator. The undercover agent was posing as a buyer from Michigan and agreed to buy 500 pounds of marijuana at the price of $250 per pound.

Published on: February 10, 2013

Defendant Appeals Conviction for Trafficking Cocaine

by Stephen Bilkis

The defendant/appellant in this case is appealing convictions for trafficking in cocaine and marijuana possession.

Case Background

Evidence showed that the girlfriend of the defendant rented a car through her aunt. The defendant borrowed this car and was driving on the turnpike when he was pulled over by a state trooper for a traffic violation. A New York Criminal Lawyer said one of the friends of the defendant was a passenger in the car. The state trooper requested the rental agreement and the defendant removed it from the glove box.

Published on: February 10, 2013

Defendant Appeals Sentence for Conspiracy to Possess and Distribute Marijuana

by Stephen Bilkis

A New York Criminal Lawyer said the defendant is appealing his 168 month sentence for conspiracy to possess with intent to distribute 1000 kilograms or more of marijuana. He argues that the district court made a mistake when they applied a two level enhancement for firearm possession because there was insufficient evidence that a co-conspirator possessed the firearm.

Case Background

The defendant pleaded guilty to conspiracy to possess with the intent to distribute more than 1000 kilograms of marijuana. The defendant and another individual were found to be the organizers of a marijuana distribution operation. The two men would set up residences that were known as “traps.” These locations would be the storage facilities for large amounts of marijuana. The contraband would be stored and distributed from these traps.

Published on: February 9, 2013

Court Decides if Marijuana Possession is a Serious Drug Offense Under ACCA

by Stephen Bilkis

The government is appealing the sentence of only 55 months for the defendant for being a felon in the possession of a firearm. A New York Criminal Lawyer said the government challenges the determination from the Supreme Court that the defendant was not an armed career criminal. Furthermore, the government states that the prior convictions of the defendant for first degree possession of marijuana were serious drug offenses and should have been ruled as such by the court.

Court Discussion and Decision

The question before the court is whether or not the prior conviction of the defendant for marijuana possession in an amount that is more than for personal use is sufficient to be considered a serious drug offense as listed under the ACCA.

Published on: February 9, 2013

Defendant Claims Evidence Does Not Support Possession Charge

by Stephen Bilkis

The appellant was convicted by a jury on the charges of possession of marijuana possession with intent to distribute and conspiracy to possess marijuana with the intent to distribute. The appellant is appealing the convictions on two grounds. First, he states that the evidence in the case is insufficient for the conviction. Second, he argues that the district court made an error by allowing certain past marijuana dealings involving his brothers be introduced as evidence.

Case Facts

The appellant rant a service station. According to a co-conspirator the appellant told him to load almost 2000 pounds of marijuana. The marijuana was owned by the appellant’s brother. The contraband was in burlap sacks and was stored along with the truck that it was to be loaded onto in a shed about 20 miles from the station.

Published on: February 9, 2013

Evidence for Conspiracy to Possess Marijuana is Insufficient, According to Defendant

by Stephen Bilkis

The first appellant in this case was convicted for conspiracy to possess marijuana with intent to distribute and possession of cocaine. The second appellant was convicted of conspiracy to possess marijuana with the intent to distribute. The third appellant was convicted of conspiracy to possess marijuana with the intent to distribute. This is a consolidated appeal by all of the appellants.

A New York Criminal Lawyer said the first appellant argues that the evidence against him for the conspiracy charge is insufficient. The second appellant argues that the evidence is insufficient for the charge of conspiracy of possession of marijuana. He also is challenging the trial court’s refusal to grant his motion for severance. The third appellant also argues that the evidence against him is insufficient for the charge of conspiracy of possession of marijuana with the intent to distribute.

Case Facts

Published on: February 8, 2013

Court Discusses Drunkeness by Drug Charge

by Stephen Bilkis

The main issue in this case is whether or not the evidence is sufficient to show marijuana possession by the defendant. The defendant has been found guilty on the charge of possession of marijuana in court without a jury.

Case Background

The testimony from the case shows that the defendant was observed by two police officers leaning out of a parked car in a residential area. The officers came over to the car to investigate and questioned him. The defendant supplied answers that were incoherent and confused. The physical appearance of the defendant was disheveled.

Published on: February 8, 2013

Immigration Issues Complicate a Drug Possession Charge

by Stephen Bilkis

The defendant in this case is 39 and a citizen of Italy. He is currently living in Florida. The United States Immigration and Naturalization Service has moved to have him deported to Italy on the ground that he has overstayed his six month visa that was granted to him when he entered the United States and that he has been convicted of possession of marijuana. A New York Criminal Lawyer said the defendant has applied for readjustment. The Immigration Court denied the application for readjustment and upheld the ground for deportation.

Case Background

The defendant left Italy in 1956 and lived in Scotland for a while and then in the Bahamas. He was arrested for marijuana possession while living in the Bahamas. He paid a fine of $600 instead of serving the 120 sentence.

Published on: February 8, 2013

Defendant Contends that Initial Police Stop was Pre-Textual

by Stephen Bilkis

The defendant in this case is challenging a judgment and sentence that she received for trafficking methamphetamines, a felony marijuana possession of drug paraphernalia. She was charged with carrying a concealed weapon as well. In support of her challenge the defendant states that the court made a mistake by not allowing her motion to suppress that alleged the vehicle stop was pre-textual. She also states that the evidence presented in the case is insufficient to support her convictions.

Case Background

The defendant started a romantic relationship with a gentleman in January of 1994. The gentleman always had a large amount of money and access to drugs. While they were dating he would supply the defendant with cash, methamphetamines, and take her on trips. In March of 1994, he came to her home and asked her if she wanted to go on a trip. She agreed, but stated that she did not have any luggage. He told her that she could pack her stuff in one of his bags. She carried a small bag with her in which she had a small amount of marijuana.