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Talkleft: The Politics of Crime (Premium) Crime-Related Political and Injustice News Sunday Night Open Thread Posted on January 24, 2021 January 7, 2022 Author jeralyn 28 Comments It’s a Sunday Night in January, 2021. I remember in 2015 I thought it would just be a few months to get this new TalkLeft site up and running. Well, a few months has turned into six years, and I still don’t know how to get the old site imported into this one, or whether this site should be TalkLeft com and the old one TalkLeft.net or how to do it. The old site is getting too small for me to read on a mobile device. I really like this site so much better. If you haven’t registered here, please do. It is free, and if you use your same username we will all know who you are. It’s also much more protected against Spam. Let me know what you all think since we have some downtime while Colin is fixing whatever I messed up on the old site that’s keeping us from posting comments there Jeralyn Categories Blog-Related , Uncategorized Admissions Cheating Scandal: Updates and Thoughts Posted on May 16, 2019 April 30, 2020 Author jeralyn Felicity Huffman pleaded guilty in federal court in Boston Monday to one count of conspiracy to commit wire fraud/honest services fraud. Her sentencing guidelines according to the plea agreement (available here ) are either 4 to 10 months (government’s calculation) or 0 to 6 months (Huffman’s calculations.) Prosecutors say they will recommend 4 months in prison either way. A jail or prison sentence is unlikely in my view. [More…] Read More Categories Crimes In the News Tags college cheating scandal A Life Sentence for Dámaso López Núñez – Or Not? Posted on April 25, 2019 April 25, 2023 Author jeralyn Dámaso López Núñez, aka El Licenciado”, a long-time higher-up in the Sinaloa Cartel, whose closeness to Joaquin El Chapo” Guzman goes back to 2001 when he was a corrupt prison official who helped El Chapo escapte from Puente Grande, was first indicted in the U. S. in 2013 . He recently pleaded guilty and is expected to testify against Joaquin El Chapo” Guzman-Loera at El Chapo’s upcoming trial. The most severe sentence that can be imposed on anyone who is extradited here from Mexico is life in prison. Mexico will not extradite anyone without an assurance the person will not be subject to the death penalty. A life sentence in the federal system means just that: There is no good time reduction and there is no parole. If you have the misfortune of being sentenced to life in prison in federal court, you will be there until you die. Defendants plead guilty for a variety of reasons. Usually it is in exchange for a promise for a lesser sentence, either through an agreement to plead to a lesser charge, or an agreement to cooperate against others. Sometimes it’s a gamble and the defendant loses. For example, Alfredo Beltran-Leyva, who was represented by two of the same lawyers now representing El Chapo, pleaded guilty to all the charges without a plea agreement (called a blind plea”). The maximum sentence was life in prison. By pleading guilty as charged, he maintained his right to appeal his sentence and to request a lower sentence. He did not agree to a life sentence. He asked for 25 years. He lost the gamble, and the judge sentenced him to life in prison. His case is on appeal. I don’t think I’ve seen a plea agreement in a case in which the death penalty is not an option, where the defendant agrees to serve a life sentence. [ Plea Agreement of Damaso Lopez-Nunez , Eastern District of Virginia, Case No. 16-cr-00300-TSE, Doc. 29 filed 09/28/18, page 5 of 11] [T] he parties have no agreements as to the applicability or inapplicability of any other sections ofthe Sentencing Guidelines. The United States and the defendant agree to recommend, pursuant to 18 U.S.C. § 3553 and the Sentencing Guidelines, that the Court sentence the defendant to life imprisonment. The United States and the defendant understand that the Court is not bound by this agreement. Could there be a hidden promise when the Plea Agreement also states: This written agreement constitutes the complete plea agreement between the United States, the defendant, and the defendant’s counsel. The defendant and the defendant’s attorney acknowledge that no threats, promises, or representations have been made, nor agreements reached, other than those set forth in writing in this plea agreement, to cause the defendant to plead guilty. Theoretically, yes, since the agreement also states: Any modification of this plea agreement shall be valid only as set forth in writing in a supplemental or revised plea agreement signed by all parties. It seems to me, no one in his right mind would agree to a sentence of life in prison unless it was to avoid the death penalty. Even in the age of the Donald Trump, a sentence to life plus cancer is not (yet) an option. I think the Government, which drafts the Plea Agreement, is telling only half the story because it intends (albeit has not unequivocally promised) to request a big sentence reduction if El Licenciado pleases the Government with his trial testimony. In other words, El Licenciado may receive a life sentence, but there likely is a sealed supplement that promises he’ll get a big sentence reduction if he tells the [Government’s] truth at El Chapo’s trial. Let’s wait and see. Categories Uncategorized Trump’s Brazen Move to Stop Mueller’s Russia Investigation Posted on November 8, 2018 April 30, 2020 Author jeralyn Jeff Sessions is out as Attorney General. At the request of John Kelly, he submitted this resignation letter . The most interesting sentence is the first, which states, At your request, I am submitting my resignation.” How is that different than being fired? In any event, there’s no reason to feel badly about Sessions’ exit. Goodbye and good riddance to him. But what about Trump’s appointment of Sessions’ Chief of Staff, Matthew Whitaker, to temporarily take Sessions’ place as Acting Attorney General, a move intended to transfer oversight of Special Counsel Robert Mueller and the Russia investigation from Rod Rosenstein to Whitaker? Is Whitaker’s appointment legal? [More…] Read More Categories Donald Trump Tags Donald Trump Kavanaughed”: Who Will Agree to Run for Public Office After This Charade? Posted on September 24, 2018 April 30, 2020 Author jeralyn It is hard enough to find qualified, smart people to run for office as it is. I’d bet hundreds if not thousands of well qualified people refused to run for office or judgeships in the 70’s to 90’s due to worry about whether they could pass the FBI’s background checks and polygraph on drug use. No one cares about drug use now, it’s ubiquitous and a fact of life, in large part due to our government’s backwards policies on drug laws. Now the issue is disqualification due to 35-year old groping and indecent exposure allegations dating back to high school and freshman year in college. People are so worked up about it, they are ready to bring out the firing squad. Even though the target of their socially or politically motivated hatred towards their perceived and now-outed offender hasn’t been charged with a crime, convicted of a crime and there’s been no confirmation a crime ever happened. In other words, people now think it’s just fine to assume the male is guilty of whatever accusation is hurled his way. Why? Because other women chose to suffer in silence at the perceived indignities they suffered way back when and see this as a chance to get even? There’s a big difference between taking accusations seriously and assuming the accusation is true. The former calls for an investigation. Nothing justifies the latter prior to a hearing before a neutral and detached magistrate or tribunal. That’s the law in America. [More…] Read More Categories Supreme Court Norway Open Thread Posted on January 12, 2018 April 30, 2020 Author jeralyn So, who’s been to Norway? Not me. Donald Trump exposed himself today as the vulgar,...
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