IN THE UNITED STATES DISTRICT COURT DISTRICT OF OREGON. the District of Oregon, through Stacie Beckerman, Assistant United States Attorney,
|
|
- Maximillian French
- 8 years ago
- Views:
Transcription
1 S. AMANDA MARSHALL, OSB #95347 United States Attorney District of Oregon STACIE F. BECKERMAN, OSB #06239 Assistant United States Attorney 1000 S.W. Third Ave., Suite 600 Portland, OR Telephone: (503) Facsimile: (503) Attorneys for United States of America IN THE UNITED STATES DISTRICT COURT DISTRICT OF OREGON UNITED STATES OF AMERICA v. BEN ALLEN RIGGS, Case No. 3:13-CR-0294-JO GOVERNMENT=S SENTENCING MEMORANDUM Defendant. The United States of America, by S. Amanda Marshall, United States Attorney for the District of Oregon, through Stacie Beckerman, Assistant United States Attorney, respectfully submits this sentencing memorandum for the Court=s consideration. On May 22, 2014, defendant Ben Allen Riggs pleaded guilty to causing a person to be transported from Washington to Oregon, with the intent that the person engage in prostitution, in violation of 18 U.S.C (the Mann Act ). The person transported for prostitution in this case was a 14-year-old girl. For the reasons discussed herein, the government respectfully recommends that the Court sentence defendant to serve 46 months in prison, and that the Court enter a final order of forfeiture.
2 I. FACTUAL BACKGROUND The offense conduct is accurately set forth in the Presentence Report, and the Court is familiar with the facts of this case following its September 2014 sentencing of co-defendant Laura Lambden (the Court sentenced Ms. Lambden to serve 48 months in prison). To protect the victim s privacy, the government will not publish all of the factual details of the offense herein. II. PRESENTENCE REPORT The Presentence Report accurately calculates the advisory sentencing guidelines calculation. The parties agree that the applicable sentencing guidelines range is months. III. DISCUSSION OF THE GOVERNMENT S RECOMMENDATION Sex trafficking of children has reached a crisis level in the Portland area. Although the United States Attorney s Office in this district is prosecuting more sex traffickers than ever before, and although these sex traffickers are receiving lengthy prison sentences, traffickers continue to exploit children in the commercial sex industry in this city at an alarming rate. That is because exploiting children in the sex industry is a lucrative business, and very little is being done to hold the buyers of these exploited children accountable. So long as buyers are willing to pay hundreds of dollars an hour for sexual acts with a child without any fear of meaningful consequences, sex traffickers will continue to exploit our children in this industry. No matter how many sex traffickers go to prison and no matter how many child victims are recovered, traffickers will continue to GOVERNMENT=S SENTENCING MEMORANDUM PAGE 2
3 recruit new children into the sex industry until the criminal justice system does something to address the demand side of the equation. Experts in the commercial sexual exploitation of children (CSEC), as well as members of the public, agree that the criminal justice system must do something to deter the buyers of these exploited children. If not, the sex trafficking of children in Portland will continue to be as prolific as it is today. This is a difficult case, and the government understands that all john or buyer cases will present difficult questions for courts at sentencing. Defendant is a 64-year-old man with no criminal history. Frankly, he presents as a kind man who never intended to hurt anyone. He is not a pedophile, and although he paid for commercial sex with other young adult women supplied by co-defendant Laura Lambden, he never requested that she supply him with a girl under the age of 18. The tragic problem in this case is that when the 14-year-old girl showed up at his door with Ms. Lambden, he did not turn her away. Instead, he allowed the 14-year-old to disrobe and perform oral sex on him, photographs were taken, and he paid for the date. That same scenario is happening every night in hotel rooms, homes, and cars across Portland: men are making dates for commercial sex, kids are showing up, and the men do not care. This Court must answer the important question of what penalty is appropriate to punish an adult who buys oral sex from a 14-year-old girl, and who memorializes his exploitation of the young girl with photographs. Several benchmarks should aid the Court in answering this question. Congress has concluded that a 10-year sentence is appropriate, and indeed mandatory, for anyone who causes a minor to be transported in GOVERNMENT=S SENTENCING MEMORANDUM PAGE 3
4 interstate commerce for prostitution, regardless of whether the defendant knew the person transported was a minor. See 18 U.S.C. 2423(a). Congress has also determined that a defendant who produces child pornography should be sentenced to a mandatory minimum sentence of 15 years in prison. See 18 U.S.C. 2251(a). Thus, if it were Congress answering the question posed to this Court, defendant s sentence would be 15 years, or at the very least, 10 years. The government agreed to allow defendant to plead instead to a Mann Act violation, so that this Court could exercise its own discretion regarding an appropriate punishment for defendant. The government believes that the 10-year mandatory minimum sentence for transporting a minor for prostitution, or the 15-year mandatory minimum sentence for producing child pornography, are too high for this defendant, primarily in light of defendant s age and lack of criminal history. Although the government anticipates that defense counsel will present a long list of reasons why the government s sentencing recommendation is unreasonable, the government asks the Court to keep in mind that the government s recommended sentence is a fraction of the sentence that would have been imposed if the government had insisted on a plea to the original charges. The Oregon State Legislature has also weighed in on the appropriate punishment for this offense. It is a Class A felony under Oregon law to use a child in a display of sexually explicit conduct if the person employs, authorizes, permits, compels or induces a child to participate or engage in sexually explicit conduct for any person to observe or to record in a visual recording. O.R.S Using a child in a display of sexually GOVERNMENT=S SENTENCING MEMORANDUM PAGE 4
5 explicit conduct is a Measure 11 offense, and requires a mandatory minimum sentence of 70 months imprisonment. Lack of knowledge of age is not a defense. See O.R.S Thus, the government s recommended sentence in this case is significantly less than the sentence that would have been imposed had the state prosecuted this defendant. The advisory sentencing guidelines also provide an appropriate benchmark for this Court s consideration. The guidelines range of months, upon which the parties agree, takes into account that the victim was a child, and that a sexual act was performed by the child. See U.S.S.G. 2G1.3(a)(4), (b)(4). Although the government represented in the plea agreement that it would recommend a 57-month sentence at the high end of the range, the government is instead recommending a sentence at the low end of that range 46 months in light of all relevant factors set forth at 18 U.S.C. 3553, and also in light of the victim s input that this defendant should receive less time in prison than his co-defendant, Laura Lambden. The government agrees with the victim that Ms. Lambden is more culpable than defendant, and notes that the government would have recommended a sentence greater than 48 months for Ms. Lambden had it not been for Ms. Lambden s cooperation in this case. The government also anticipates that defense counsel will attempt to persuade the Court that the minor victim in this case is untrustworthy, or unsympathetic. The government disagrees. Years ago, our criminal justice system tended to blame the victim in child sex trafficking cases. Some assumed that children who were being exploited in the commercial sex industry must be promiscuous, or that they were troublemakers or GOVERNMENT=S SENTENCING MEMORANDUM PAGE 5
6 delinquents unworthy of our compassion. That is an old-fashioned view. Today, we understand that the children who are being exploited in the commercial sex industry are exploited because they are the most vulnerable kids in our community. Oftentimes they are runaways, or from homes with absent or drug-addicted parents. Oftentimes they have dropped out of school, lack any support system, are drug-addicted themselves, or have had past police contacts. In many child sex trafficking cases in this district, the child victim has been molested, sexually abused or assaulted in the years before they are trafficked. Thus, while it may be difficult for us to understand why a child would run away from home or school, it is important to keep in mind that children are always running away from something, not to something. While it may be difficult for us to understand why a teenage girl would engage in commercial sex acts, it is important to understand what has happened in her young life up until that moment. Certainly, young girls are not lying in their bed at night dreaming of working in prostitution someday. On the contrary, young girls are being tricked, lured, coerced, and forced into prostitution by adults who seek to exploit and profit from vulnerabilities. Just as we do not blame a victim of sexual assault, we also must not blame a child for becoming a victim of commercial sexual exploitation. This is true if a child has been exploited one time, or many times. The same factors that make many young girls an easy target for exploitation are only amplified after the young girls have been exploited in the commercial sex industry for the first time. They feel dirty, and ashamed, and afraid to return to their families and friends. That shame and isolation often results in continued exploitation, because these young girls have nowhere GOVERNMENT=S SENTENCING MEMORANDUM PAGE 6
7 else to go or no other means to survive. We often see 16 and 17-year-olds who were first exploited at age 13 or 14, but who continue to be exploited in the sex industry, and that should come as no surprise. The material facts of this case are uncontroverted. Co-defendant Lambden transported the 14-year-old victim from Washington to Oregon for the purpose of performing commercial sex acts with defendant. Ms. Lambden did so at defendant s request. Before Ms. Lambden and the 14-year-old victim made the trip across state lines, Ms. Lambden sent defendant a photograph of the 14-year-old. The government will provide the Court with that photograph at the sentencing hearing, and the Court can decide for itself if the 14-year-old presented as a young girl. Once transported to Oregon, the 14-year-old performed oral sex on defendant in his home. The victim reported to detectives that she performed oral sex on defendant, defendant has admitted that the girl performed oral sex, Ms. Lambden has admitted that the victim performed oral sex, and the oral sex is memorialized in digital photographs found in defendant s possession. In other words, the government was able to corroborate the victim s account of what happened, and these facts are not contested at sentencing. The government anticipates that defendant may now represent that it was Ms. Lambden, and not he, who took the photographs. However, at the time of his arrest, defendant told detectives it would not surprise him if he had taken the photographs. Furthermore, in addition to the sexually explicit photographs of the minor victim found at the time of defendant s arrest, the government also found photographs in defendant s GOVERNMENT=S SENTENCING MEMORANDUM PAGE 7
8 possession of at least one other (adult) woman performing oral sex on defendant. Contrary to defendant s assertion that it must have been Ms. Lambden who took the photos, the government believes that it was defendant who snapped the photos, in light of the angle of the photos, the victim s account that it was defendant who took the photos, Ms. Lambden s account that it was defendant who took the photos, and defendant s proclivity for photographing oral sex. However, the government submits that whether defendant held the camera, or handed his camera to Ms. Lambden to take the photos, is a distinction without a material difference. The irreparable harm caused by producing child pornography is the same in either scenario: this young girl must live with the fact that her sexual exploitation by a 64-year-old man was recorded, and made permanent, by these photographs. That harm is part of what distinguishes this case from other cases involving johns. The government also anticipates that defendant will allege that the minor victim is lying about telling defendant her age at the time of the offense. The Court will recall that the minor victim testified under oath at Ms. Lambden s September 2014 sentencing hearing that she told defendant how old she was at the beginning of the date, and defendant said, I m not going to get in trouble, am I? This is the same account the victim gave detectives when she was first interviewed in February 2013, even though the government did not review the February 2013 police report with the victim between February 2013 and the September 2014 sentencing hearing, or discussed her testimony prior to the sentencing hearing (indeed, the government did not anticipate that the victim would be called to testify GOVERNMENT=S SENTENCING MEMORANDUM PAGE 8
9 at that sentencing hearing). Defendant will apparently deny that this discussion ever took place, but he has also claimed that his memory is so fuzzy from that night that he cannot remember who took photographs. In other words, he claims his memory is clear enough to remember that a specific conversation never occurred, but not sufficiently clear to remember who took the photographs. The government submits that the victim s account of the conversation has been consistent, and that all of the other material details she reported about the offense were corroborated by physical evidence and by Ms. Lambden. However, whether or not the Court believes that this conversation about the minor victim s age occurred, defendant should have known that this young girl was not an adult, and he should have cared. Portland State University completed a study last year documenting that at least 469 children have been victim of sex trafficking in Portland in the past four years. That number is a low estimate, and reflects only those victims who came into contact with the Department of Human Services (DHS) or the Sexual Assault Resource Center (SARC). The study found that the average age at which victims were referred to the DHS was Perhaps not surprisingly, 16.62% of these CSEC victims had a baby. The impact of commercial sexual exploitation on these children is devastating, and it is long-lasting. According to experts, children who have been exploited in the commercial sex industry typically experience posttraumatic stress disorder, acute anxiety, depression, and drug and alcohol addiction. Age-adjusted mortality rates double for this GOVERNMENT=S SENTENCING MEMORANDUM PAGE 9
10 population, according to John Hopkins School of Public Health. By adulthood, more than 90% of CSEC victims have co-occurring substance abuse/dependency needs. That brings us back to the question: what is the appropriate punishment for an adult who buys oral sex from a 14-year-old girl, and who memorializes his exploitation of the young girl with photographs? Congress has answered this question (at least 10 or 15 years in prison), and the Oregon Legislature has answered this question (at least 70 months in prison). The Court s answer to this question will do justice for this young girl, and will punish defendant for the choice he made and the harm he caused. A serious prison sentence for this defendant will also send a message to Portland that buyers of commercial sex with children will go to prison. That message will lower demand, and will consequently lower the recruitment and supply of children in the commercial sex industry. The commercial sexual exploitation of children is going to thrive in Portland until our courts begin to hold the buyers of children accountable. The government s recommendation of a reasonable sentence in this case takes into account defendant s age, his lack of criminal history, that he may not have known the victim was only 14 years old, and that he may not have been the one holding the camera. It also takes into account that it was a 14-year-old girl who showed up at defendant s door, that he either did not ask or did not care how old she was, that photographs have preserved defendant s exploitation, and that the memory of and damage caused by this experience will plague this young girl for the rest of her life. ///// GOVERNMENT=S SENTENCING MEMORANDUM PAGE 10
11 IV. CONCLUSION For all of the reasons discussed herein, the government joins in the recommendation of the U.S. Probation Office, and respectfully recommends that the Court sentence defendant to 46 months in custody. The victim is not seeking restitution, but the government will present, and ask the Court to enter, a final order of forfeiture. Respectfully submitted this 13th day of November, S. AMANDA MARSHALL United States Attorney District of Oregon /s/ Stacie F. Beckerman STACIE F. BECKERMAN Assistant United States Attorney GOVERNMENT=S SENTENCING MEMORANDUM PAGE 11
SUPREME COURT OF WISCONSIN
SUPREME COURT OF WISCONSIN 2015 WI 38 CASE NO.: COMPLETE TITLE: 2014AP2906-D In the Matter of Disciplinary Proceedings Against Jon Evenson, Attorney at Law: Office of Lawyer Regulation, Complainant, v.
More informationIN THE MUNICIPAL COURT OF THE CITY OF SEATTLE
IN THE MUNICIPAL COURT OF THE CITY OF SEATTLE THE CITY OF SEATTLE, PLAINTIFF vs, DEFENDANT Statement of Defendant on Plea of Guilty Case # 1. My true name is. 2. My age is. Date of Birth. 3. I went through
More informationCRIMINAL LAW AND VICTIMS RIGHTS
Chapter Five CRIMINAL LAW AND VICTIMS RIGHTS In a criminal case, a prosecuting attorney (working for the city, state, or federal government) decides if charges should be brought against the perpetrator.
More informationPurpose of the Victim/Witness Unit
Purpose of the Victim/Witness Unit The Victim/Witness Assistance Division of the Lake County State s Attorney s Office was formed to serve the needs of people like you. The division is meant to ensure
More informationSexual Assault of a Child VOIR DIRE QUESTIONS
ATTORNEYS Sexual Assault of a Child VOIR DIRE QUESTIONS 1. What are your feelings or opinions about criminal defense attorneys? 2. Have you ever had a bad experience with a criminal defense attorney? If
More informationAdult Plea Negotiation Guidelines
From the office of the Rice County Attorney: Adult Plea Negotiation Guidelines Revision June, 2004 1. These guidelines apply to any adult felony defendant case prosecuted by this office, which is not disposed
More informationGUILTY PLEA and PLEA AGREEMENT United States Attorney Northern District of Georgia
Case 1:11-cr-00326-SCJ-JFK Document 119-1 Filed 01/20/12 Page 1 of 16 GUILTY PLEA and PLEA AGREEMENT United States Attorney Northern District of Georgia UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF
More informationKANE COUNTY DRUG REHABILITATION COURT COURT RULES AND PROCEDURES
KANE COUNTY DRUG REHABILITATION COURT COURT RULES AND PROCEDURES I. MISSION The Illinois General Assembly has recognized that there is a critical need for a criminal justice program that will reduce the
More informationIN THE IOWA DISTRICT COURT FOR WOODBURY COUNTY. WRITTEN PLEA OF GUILTY AND WAIVER OF RIGHTS (OWI First Offense)
IN THE IOWA DISTRICT COURT FOR WOODBURY COUNTY THE STATE OF IOWA, Plaintiff, vs. Defendant. CRIMINAL NO. WRITTEN PLEA OF GUILTY AND WAIVER OF RIGHTS (OWI First Offense) COMES NOW the above-named Defendant
More informationDomestic Violence. (b) Assaulting, attacking, beating, molesting, or wounding a named individual.
Domestic Violence Domestic Violence is one of the 12 factors of the best interests test set forth at MCLA 722.23. The best interest factors were modified in 1993 to include domestic violence as factor
More informationWhere can I get help after a sexual assault?
Sexual Assault What is assault? Assault is when someone uses force to hurt you. Slapping, kicking and pushing can be assault. Sometimes touching can be an assault. Threatening or trying to hurt someone
More informationTitle 15 CRIMINAL PROCEDURE -Chapter 23 ALABAMA CRIME VICTIMS Article 3 Crime Victims' Rights
Section 15-23-60 Definitions. As used in this article, the following words shall have the following meanings: (1) ACCUSED. A person who has been arrested for committing a criminal offense and who is held
More informationUNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE DIVISION. UNITED STATES OF AMERICA ) ) ) v. ) No. ) (Judge ) ) )
UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE DIVISION UNITED STATES OF AMERICA ) ) ) v. ) No. ) (Judge ) ) ) PETITION TO ENTER A PLEA OF GUILTY (Misdemeanor) I,, respectfully represent
More informationWhat is DOMESTIC VIOLENCE?
What is DOMESTIC VIOLENCE? Domestic violence is a pattern of control used by one person to exert power over another. Verbal abuse, threats, physical, and sexual abuse are the methods used to maintain power
More informationIN THE UNITED STATES DISTRICT COURT PORTLAND DIVISION
Case 3:12-cr-00431-HA Document 436 Filed 04/23/14 Page 1 of 9 Page ID#: 6289 Richard L. Wolf OSB #873719 richardlwolf@att.net Attorney at Law 12940 NW Marina Way Portland, Oregon 97231-2312 Telephone:
More informationCase: 0:11-cr-00022-DLB Doc #: 17 Filed: 03/18/14 Page: 1 of 7 - Page ID#: <pageid>
Case: 0:11-cr-00022-DLB Doc #: 17 Filed: 03/18/14 Page: 1 of 7 - Page ID#: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY NORTHERN DIVISION ASHLAND CASE NO. 0:11-CR-22-DLB UNITED STATES
More informationUnderstanding the Criminal Bars to the Deferred Action Policy for Childhood Arrivals
Understanding the Criminal Bars to the Deferred Action Policy for Childhood Arrivals 1. What are the criminal bars for deferred action? In addition to a number of other requirements, to qualify for deferred
More informationARTICLE 36: KANE COUNTY DRUG REHABILITATION COURT RULES AND PROCEDURES
ARTICLE 36: KANE COUNTY DRUG REHABILITATION COURT RULES AND PROCEDURES (a) Mission: The Illinois General Assembly has recognized that there is a critical need for a criminal justice program that will reduce
More informationUnderstanding Consent to Sexual Activity. Public Legal Education and Information Service of New Brunswick
Understanding Consent to Sexual Activity Public Legal Education and Information Service of New Brunswick NO means NO Understanding Consent to Sexual Activity This pamphlet provides information on what
More informationGETTING TO KNOW THE CRIMINAL JUSTICE SYSTEM
Patricia A. DeAngelis District Attorney GETTING TO KNOW THE CRIMINAL JUSTICE SYSTEM AN OFFENSE IS COMMITTED There are three types of offenses that can be committed in New York State: VIOLATION MISDEMEANOR
More informationFLORIDA STATE UNIVERSITY POLICE DEPARTMENT Chief David L. Perry
FLORIDA STATE UNIVERSITY POLICE DEPARTMENT Chief David L. Perry 830 West Jefferson Street 850-644-1234 VICTIMS' RIGHTS BROCHURE YOUR RIGHTS AS A VICTIM OR WITNESS: ------- We realize that for many persons,
More informationNo. 11-2920 UNITED STATES OF AMERICA. WILLIAM HEISER, Appellant
JORDAN, Circuit Judge. NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 11-2920 UNITED STATES OF AMERICA v. WILLIAM HEISER, Appellant On Appeal from the United States District
More informationWhat you don t know can hurt you.
What you don t know can hurt you. Why you need a defense lawyer if you are charged with a misdemeanor. A misdemeanor conviction is SERIOUS A misdemeanor is not a minor crime. If you are convicted of a
More information2 Be it enacted by the People of the State of Illinois, 4 Section 1. Short title. This Act may be cited as the
SB138 Engrossed LRB9203748RCcd 1 AN ACT concerning drug treatment. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short title. This Act may
More informationUNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT. No. 12-4411 UNITED STATES OF AMERICA. DANIEL TIMOTHY MALONEY, Appellant
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 12-4411 UNITED STATES OF AMERICA v. DANIEL TIMOTHY MALONEY, Appellant On Appeal from the United States District Court for the Western District of
More informationCRIMINAL RECORD AND ABUSE HISTORY VERIFICATION
WHEN AND HOW TO FILE CRIMINAL RECORD AND ABUSE HISTORY VERIFICATION When did this form go into effect? September 2013 Who must file this form? Anyone who files a "Complaint for Custody" or a "Petition
More informationCalifornia s Alternative Sentencing Law for Veterans and Members of the U.S. Military
California s Alternative Sentencing Law for Veterans and Members of the U.S. Military You re a veteran, or maybe you re still in the military. But now you re looking at time in county jail or state prison.
More informationA Federal Criminal Case Timeline
A Federal Criminal Case Timeline The following timeline is a very broad overview of the progress of a federal felony case. Many variables can change the speed or course of the case, including settlement
More informationDESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS
DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS This pamphlet has been provided to help you better understand the federal
More informationMorgan County Prosecuting Attorney Debra MH McLaughlin
Morgan County Prosecuting Attorney Debra MH McLaughlin Directions: From Fairfax Street Entrance, Enter Main Door, turn Right through door, up the narrow staircase. Office is at top of steps. (Old Circuit
More informationcourt. However, without your testimony the defendant might go unpunished.
Office of State Attorney Michael J. Satz VICTIM RIGHTS BROCHURE YOUR RIGHTS AS A VICTIM OR WITNESS: CRIMINAL JUSTICE PROCESS The stages of the criminal justice system are as follows: We realize that for
More informationInformation for Crime Victims and Witnesses
Office of the Attorney General Information for Crime Victims and Witnesses MARCH 2009 LAWRENCE WASDEN Attorney General Criminal Law Division Special Prosecutions Unit Telephone: (208) 332-3096 Fax: (208)
More informationJanuary 26, 2015 Presented by Rose Mukhar, Pro Bono Attorney
January 26, 2015 Presented by Rose Mukhar, Pro Bono Attorney Part 1 Criminal Laws Part 2 Business Laws Part 3 Education & Social Services Laws Victims Rights AB 1585 (Alejo) Expungement of Prostitution
More informationNEW YORK STATE ANTI-TRAFFICKING LAW
NEW YORK STATE ANTI-TRAFFICKING LAW New York State (NYS), especially New York City (NYC), is a destination for trafficked persons from all over the world who are forced into various labor sectors, such
More informationCase5:09-cr-00928-JF Document64 Filed05/13/10 Page1 of 6
Case:0-cr-00-JF Document Filed0//0 Page of 0 JOSEPH P. RUSSONIELLO (CSBN United States Attorney BRIAN J. STRETCH (CSBN Chief, Criminal Division JEFFREY B. SCHENK (CSBN Assistant United States Attorney
More informationUNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION. v. CASE NO. 8:15-CR-244-T-23AEP PLEA AGREEMENT
Case 8:15-cr-00244-SDM-AEP Document 3 Filed 07/08/15 Page 1 of 15 PageID 6 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION UNITED STATES OF AMERICA v. CASE NO. 8:15-CR-244-T-23AEP
More informationSLIP OPINION NO. 2015-OHIO-2340 DISCIPLINARY COUNSEL
[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as Disciplinary Counsel v. Grossman, Slip Opinion No. 2015-Ohio-2340.] NOTICE This slip opinion is subject to formal
More informationCHAPTER 23. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:
CHAPTER 23 AN ACT concerning treatment for drug and alcohol dependent persons, amending N.J.S.2C:35-14 and N.J.S.2C:44-6, and supplementing Title 2C of the New Jersey Statutes. BE IT ENACTED by the Senate
More informationJUVENILE COMPETENCY HANDBOOK
JUVENILE COMPETENCY HANDBOOK The judge has placed you in the restoration process for mental competency. It is very important that you meet with your restoration specialist and see the doctor when you are
More informationSexual Offences Definitive Guideline DEFINITIVE GUIDELINE
Sexual Offences Definitive Guideline DEFINITIVE GUIDELINE Contents Applicability of guideline 7 Rape and assault offences 9 Rape 9 Sexual Offences Act 2003 (section 1) Assault by penetration 13 Sexual
More informationTHE MINNESOTA LAWYER
THE MINNESOTA LAWYER September 6, 2004 MN Court of Appeals Allows Testimony on Battered-Woman Syndrome By Michelle Lore A District Court judge properly allowed an expert on battered-woman syndrome to testify
More informationthe criminal justice system and child sex offences
Your children, Your rights a series of legal guides for parents of children who have been sexually abused CHILDREN AND THE LAW the criminal justice system and child sex offences Experiencing and reporting
More informationDOMESTIC VIOLENCE PENALTIES UNDER COLORADO LAW Fact/Discussion Sheet
DOMESTIC VIOLENCE PENALTIES UNDER COLORADO LAW Fact/Discussion Sheet If you are convicted of a domestic violence charge, the penalties can be onerous. The following penalties assume a misdemeanor conviction.
More informationAn Introduction to the Federal Public Defender=s Office and the Federal Court System
Some Things You Should Know An Introduction to the Federal Public Defender=s Office and the Federal Court System Office of the Federal Public Defender Southern District of West Virginia 300 Virginia Street
More informationSUPREME COURT OF WISCONSIN
SUPREME COURT OF WISCONSIN 2013 WI 36 CASE NO.: COMPLETE TITLE: In the Matter of Disciplinary Proceedings Against Joseph M. Engl, Attorney at Law: Office of Lawyer Regulation, Complainant, v. Joseph M.
More informationUNDERSTANDING THE CRIMINAL JUSTICE SYSTEM Anne Benson
UNDERSTANDING THE CRIMINAL JUSTICE SYSTEM Anne Benson What is the Criminal Justice System? The criminal justice system is the system we have in the United States for addressing situations where it is believed
More informationFILED December 8, 2015 Carla Bender 4 th District Appellate Court, IL
NOTICE This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e(1. 2015 IL App (4th 130903-U NO. 4-13-0903
More informationDomestic Violence: Can the Legal System Help Protect Me?
Domestic Violence: Can the Legal System Help Protect Me? What is domestic violence? Domestic violence is a pattern of physically and/or emotionally abusive behavior used to control another person with
More information2014 ANNUAL REPORT DISTRICT ATTORNEY WASHINGTON COUNTY
2014 ANNUAL REPORT DISTRICT ATTORNEY WASHINGTON COUNTY 2014 Annual Report presented in April 2015 FUNCTIONS AND RESPONSIBILITIES The primary function of the Office of the District Attorney is to prosecute
More informationSTATE OF NEW YORK : : ALLEGANY COUNTY DRUG COUNTY OF ALLEGANY : : TREATMENT COURT. Defendant.
STATE OF NEW YORK : : ALLEGANY COUNTY DRUG COUNTY OF ALLEGANY : : TREATMENT COURT THE PEOPLE OF THE STATE OF NEW YORK against CONTRACT JOHN DOE., Defendant. I, JOHN DOE, agree to enter the Allegany County
More informationA PRIMER: WHAT STATE DEFENDERS MUST KNOW ABOUT FEDERAL LAW. Wendy Holton Attorney, Helena, Montana WHolton@mt.net
A PRIMER: WHAT STATE DEFENDERS MUST KNOW ABOUT FEDERAL LAW Wendy Holton Attorney, Helena, Montana WHolton@mt.net If you practice state criminal law you must have a basic understanding of federal law. PART
More informationCORRECTIONS (730 ILCS 166/) Drug Court Treatment Act.
CORRECTIONS (730 ILCS 166/) Drug Court Treatment Act. (730 ILCS 166/1) Sec. 1. Short title. This Act may be cited as the Drug Court Treatment Act. (730 ILCS 166/5) Sec. 5. Purposes. The General Assembly
More informationIN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No. 12-13236 Non-Argument Calendar. D.C. Docket No. 0:09-cr-60196-WPD-1.
Case: 12-13236 Date Filed: 01/14/2013 Page: 1 of 7 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS UNITED STATES OF AMERICA, TIFFANY SILAS, FOR THE ELEVENTH CIRCUIT No. 12-13236 Non-Argument Calendar
More informationSPECIAL OPTIONS SERVICES PROGRAM UNITED STATES PRETRIAL SERVICES AGENCY EASTERN DISTRICT OF NEW YORK
SPECIAL OPTIONS SERVICES PROGRAM UNITED STATES PRETRIAL SERVICES AGENCY EASTERN DISTRICT OF NEW YORK February 4, 2013 1 I. Introduction The Special Options Services (SOS) Program was established in the
More informationUSSC Update: Recent Congressional Reports
USSC Update: Recent Congressional Reports U.S.S.C. Web Site www.ussc.gov 2 Key Finding #1: Offenders and Sentences Over Time The number of federal offenders has substantially increased, and most federal
More informationCase 2:03-cr-00122-JES Document 60 Filed 02/19/08 Page 1 of 7 PageID 178 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION
Case 2:03-cr-00122-JES Document 60 Filed 02/19/08 Page 1 of 7 PageID 178 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION FRANCIS MACKEY DAVISON, III, Petitioner, vs. Case No.
More informationChild Abuse, Child Neglect. What Parents Should Know If They Are Investigated
Child Abuse, Child Neglect What Parents Should Know If They Are Investigated Written by South Carolina Appleseed Legal Justice Center with editing and assistance from the Children s Law Center and the
More informationHow To Get A Sentence Of Probation In Aransas
ELECTRONICALLY FILED 2014-Feb-05 16:04:13 60CR-12-3083 C06D05 : 7 Pages 1 IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS FIFTH DIVISION STATE OF ARKANSAS PLAINTIFF VS. No. CR-2012-3083 MASHIEKA MURPHY
More informationCriminal Justice System Commonly Used Terms & Definitions
Criminal Justice System Commonly Used Terms & Definitions A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Accused: Acquittal: Adjudication: Admissible Evidence: Affidavit: Alford Doctrine: Appeal:
More informationGETTING THROUGH THE CRIMINAL JUSTICE SYSTEM
GETTING THROUGH THE CRIMINAL JUSTICE SYSTEM ARREST An ARREST starts the criminal justice process. It is called an arrest whether the police officer hands you a summons or puts handcuffs on you and takes
More informationBEADLE COUNTY PROCEDURES AND POLICIES FOR PROSECUTION OF SEXUAL ASSAULT CASES
BEADLE COUNTY PROCEDURES AND POLICIES FOR PROSECUTION OF SEXUAL ASSAULT CASES I. Policy Statement A. Overview South Dakota prosecutors have made significant strides in the prosecution of sexual assault
More informationInformation about the Criminal Justice System**
1 Victim s Guide to the Nebraska Criminal Justice System Information about the Criminal Justice System** ** Please note that the information contained in this booklet is only in relationship to felony
More informationU.S. Department of Justice. United States Attorney Southern District of New York. May 11, 2010
U.S. Department of Justice United States Attorney Southern District of New York The Silvio J. Mollo Building One Saint Andrew s Plaza New York, New York 10007 By Hand Michael Pancer, Esq. 105 West F Street
More informationYour Criminal Justice System
Your Criminal Justice System Helpful Information for the Victims and Witnesses of Crime Provided by Kansas Attorney General Derek Schmidt Victims Services Division 120 SW 10th Ave, 2nd Floor Topeka, KS
More information2015 ANALYSIS AND RECOMMENDATIONS MONTANA
2015 ANALYSIS AND RECOMMENDATIONS MONTANA FRAMEWORK ISSUE 1: CRIMINALIZATION OF DOMESTIC MINOR SEX TRAFFICKING Legal Components: 1.1 The state human trafficking law addresses sex trafficking and clearly
More informationCommunity Supervision Texas Association of Counties October 2015
10/26/2015 Community Supervision Texas Association of Counties October 2015 Presented by District Judge Todd Blomerth, 421 st Judicial District Court of Caldwell County 1 10/26/2015 2 10/26/2015 Your Possible
More informationIN THE SUPREME COURT OF THE STATE OF KANSAS. No. 104,581. STATE OF KANSAS, Appellee, RAYMOND L. ROSS, III, Appellant. SYLLABUS BY THE COURT
IN THE SUPREME COURT OF THE STATE OF KANSAS No. 104,581 STATE OF KANSAS, Appellee, v. RAYMOND L. ROSS, III, Appellant. SYLLABUS BY THE COURT A sentence of 162 months' imprisonment with lifetime postrelease
More informationMark Reed Arrest Record Summary As of 3/28/12
Mark Reed Arrest Record Summary As of 3/28/12 MARK REED ARRESTED, CONVICTED, ON PROBATION FOR POSSESSION OF A CONCEALED DANGEROUS WEAPON Currently represented by a Bar Panel attorney for indigent defendants
More informationMANDATORY MINIMUM REPORT FIELD INTERVIEW PROTOCOL FOR U.S. ATTORNEY REPRESENTATIVE
Appendix F MANDATORY MINIMUM REPORT FIELD INTERVIEW PROTOCOL FOR U.S. ATTORNEY REPRESENTATIVE Introductory Statement Hello, we are from the U.S. Sentencing Commission and are visiting your office today
More informationThe rights of crime victims in Maryland. The role and responsibilities of Law Enforcement
The rights of crime victims in Maryland The role and responsibilities of Law Enforcement Prepared by the Governor s Office of Crime Control & Prevention and the Maryland State Board of Victim Services
More informationSpeaker Sheldon Silver. Breaking New York s Addiction to Prison: Reforming New York s Rockefeller Drug Laws
Speaker Sheldon Silver Breaking New York s Addiction to Prison: Reforming New York s Rockefeller Drug Laws In 1973 New York enacted, what were considered at the time, the harshest drug laws in the nation.
More informationHow To Defend A Drugged Up Drugged Out Dui Charge
WHAT HAPPENS AFTER YOUR DUI ARREST? Terry L. Gilbeau, Attorney-at-Law Law Offices of Terry L. Gilbeau 5701 Lonetree Boulevard, Suite 304 Rocklin, CA 95765 Telephone 916/626-5539 www.rocklinduiattorney.com
More informationVictim/Witness Security and Protection
REFERENCE GUIDE ON PROTECTING THE RIGHTS OF CHILD VICTIMS OF TRAFFICKING IN EUROPE Chapter 13 Victim/Witness Security and Protection 13.1 General principles Child victims who agree to testify should be
More informationCalifornia Judges Association OPINION NO. 56. (Issued: August 29, 2006)
California Judges Association OPINION NO. 56 (Issued: August 29, 2006) ETHICAL CONSIDERATIONS WHEN A JUDGE OR A MEMBER OF A JUDGE S FAMILY HAS BEEN ARRESTED OR IS BEING PROSECUTED FOR CRIMINAL ACTIVITY
More informationAdam Walsh Child Protection and Safety Act. Or SORNA Sex Offender Registration and Notification Act By Chris Phillis Maricopa Public Defender
Adam Walsh Child Protection and Safety Act Or SORNA Sex Offender Registration and Notification Act By Chris Phillis Maricopa Public Defender Signed into law by George W. Bush on July 27, 2006 Creates a
More informationARREST! What Happens Now?
Personal Injury Wrongful Death Slip & Fall Automobile Accidents Trucking Accidents Motorcycle Accidents Medical Malpractice Criminal Defense You re Under ARREST! What Happens Now? Do NOT Speak to Police
More informationOFFICE OF THE DISTRICT ATTORNEY
OFFICE OF THE DISTRICT ATTORNEY TWENTIETH JUDICIAL DISTRICT Stanley L. Garnett, District Attorney Boulder Office: Justice Center, 1777 6th St., Boulder, Colorado 80302 303.441.3700 fax: 303.441.4703 Longmont
More informationThe Federal Criminal Process
Federal Public Defender W.D. Michigan The Federal Criminal Process INTRODUCTION The following summary of the federal criminal process is intended to provide you with a general overview of how your case
More informationGuide to Criminal procedure
Guide to Criminal procedure This free guide gives a general idea to members of the public as to what you may expect to encounter if you or someone you know is charged with a criminal offence. The overriding
More informationCase 1:05-cr-00612-RWS-LTW Document 120-2 Filed 09/27/2007 Page 1 of 7
.. United States Attorney Northern District of Georgia ORIGINAL Case 1:05-cr-00612-RWS-LTW Document 120-2 Filed 09/27/2007 Page 1 of 7 GUILTY PLEA and PLEA AGREEMENT FILED IN OPEN (~T VS L.C. - A&lft UNITED
More informationHow will I know if I have to give evidence in court?
Being a Witness What is a witness? A witness is a person who is required to come to court to answer questions about a case. The answers a witness gives in court are called evidence. Before giving evidence,
More information2014 Chelsea s Law Impact Report A 12-Month Review of San Diego, Los Angeles, Orange, Riverside, and Sacramento Counties
Report Objective 2014 Chelsea s Law Impact Report A 12-Month Review of San Diego, Los Angeles, Orange, Riverside, and Sacramento Counties Each year, Chelsea s Light Foundation prepares an annual Chelsea
More informationIMMIGRANTS & PLEAS IN PROBLEM-SOLVING COURTS: A GUIDE FOR NONCITIZEN DEFENDANTS & THEIR ADVOCATES
IMMIGRANTS & PLEAS IN PROBLEM-SOLVING COURTS: A GUIDE FOR NONCITIZEN DEFENDANTS & THEIR ADVOCATES Prepared by the New York State Defenders Association Immigrant Defense Project Last Updated August 2007
More informationStatutory Rape: What You Should Know
Statutory Rape: What You Should Know 2013 Why Do You Need To Read This? Many teens are concerned about the laws regarding something commonly called statutory rape. This brochure will explain what statutory
More informationConsequences of Convictions for Sex Crimes
Consequences of Convictions for Sex Crimes Sex Offender Registration Act, Sex Offender Commitment Act, Lifetime Supervision for Sex Offenders SORA 29 Chapter 40 1 Sex Offender Registration Act (SORA):
More informationIN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON Assigned on Briefs November 3, 2015
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON Assigned on Briefs November 3, 2015 STATE OF TENNESSEE v. PATRICK WILSON Appeal from the Criminal Court for Shelby County No. 1403832 J. Robert
More informationI. ELIGIBILITY FOR BOTH PRE-CHARGE AND POST-CHARGE DIVERSION: 1. Admit guilt and acknowledge responsibility for their action.
ANOKA COUNTY ADULT CRIMINAL DIVERSION PLAN Effective July 1, 1994 - Revised 8/1/02, 9/5/07, 9/11/08 (Revisions apply only to crimes occurring on or after 9/1/08). The following plan has been developed
More informationSexual Assault & The Juvenile Court Process A Guide for Victims/Survivors & Their Families
Sexual Assault & The Juvenile Court Process A Guide for Victims/Survivors & Their Families A publication of Connecticut Sexual Assault Crisis Services, Inc. 96 Pitkin Street v East Hartford, CT v 06108
More informationRESTRAINING ORDERS IN MASSACHUSETTS Your rights whether you are a Plaintiff or a Defendant
RESTRAINING ORDERS IN MASSACHUSETTS Your rights whether you are a Plaintiff or a Defendant Prepared by the Mental Health Legal Advisors Committee October 2012 What is a restraining order? A restraining
More informationSTATE OF MAINE WADE R. HOOVER. [ 1] Wade R. Hoover appeals from an order of the trial court (Murphy, J.)
MAINE SUPREME JUDICIAL COURT Decision: 2015 ME 109 Docket: Ken-14-362 Argued: June 16, 2015 Decided: August 11, 2015 Reporter of Decisions Panel: SAUFLEY, C.J., and ALEXANDER, MEAD, GORMAN, JABAR, and
More informationLEGISLATURE OF THE STATE OF IDAHO Sixty-third Legislature First Regular Session - 2015 IN THE SENATE SENATE BILL NO. 1026
LEGISLATURE OF THE STATE OF IDAHO Sixty-third Legislature First Regular Session - 0 IN THE SENATE SENATE BILL NO. 0 BY JUDICIARY AND RULES COMMITTEE 0 0 0 0 AN ACT RELATING TO DRIVING UNDER THE INFLUENCE;
More informationThis opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2014).
This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2014). STATE OF MINNESOTA IN COURT OF APPEALS A14-1834 State of Minnesota, Respondent, vs. Hope
More informationSUPREME COURT OF LOUISIANA NO. 12-B-2701 IN RE: MARK LANE JAMES, II ATTORNEY DISCIPLINARY PROCEEDINGS
03/01/2013 "See News Release 012 for any Concurrences and/or Dissents." SUPREME COURT OF LOUISIANA NO. 12-B-2701 IN RE: MARK LANE JAMES, II ATTORNEY DISCIPLINARY PROCEEDINGS PER CURIAM This disciplinary
More informationIN THE CIRCUIT COURT IN AND FOR OKALOOSA COUNTY, FLORIDA
IN THE CIRCUIT COURT IN AND FOR OKALOOSA COUNTY, FLORIDA STATE OF FLORIDA, Clerk Case Number(s): Plaintiff, Defendant. PLEA AND SENTENCING AGREEMENT 1. TIIE FOLLOWING REFLECTS ALL TERMS OF THE PLEA AND
More informationCounty Court Restraining Orders
Answers to Your Questions About County Court Restraining Orders Excellence in Customer Service Colorado Judicial Branch http://www.courts.state.co.us June 2002 CIVIL LAW In a civil case, the person seeking
More informationVictims of Crime Act
Victims of Crime Act PURPOSE Recognizing the state's concern for victims of crime, it is the purpose of the Victims of Crime Act [31-26-1 NMSA 1978] to assure that: A. the full impact of a crime is brought
More informationUNITED STATES DISTRICT COURT DISTRICT OF MAINE. UNITED STATES OF AMERICA ) ) v. ) Criminal No. 07-29-P-S ) HALVOR CARL, ) ) Defendant )
UNITED STATES DISTRICT COURT DISTRICT OF MAINE UNITED STATES OF AMERICA ) ) v. ) Criminal No. 07-29-P-S ) HALVOR CARL, ) ) Defendant ) RECOMMENDED DECISION ON MOTION TO SUPPRESS Halvor Carl, charged with
More informationCHARGED with a CRIME What YOU
YOU VE been CHARGED with a CRIME What YOU NEED to KNOW Visit the Alberta Justice website at: www.justice.alberta.ca This booklet is intended to provide general information only. If you require specific
More informationINFORMATION FOR CRIME VICTIMS AND WITNESSES CHARLES I. WADAMS PROSECUTING ATTORNEY
INFORMATION FOR CRIME VICTIMS AND WITNESSES CHARLES I. WADAMS PROSECUTING ATTORNEY Garden City, Idaho 6015 Glenwood St., Garden City, ID 83714 (208) 472-2900 www.gardencityidaho.org A MESSAGE Garden City
More informationAN INTRODUCTION COURT. Victim Services Department of Justice
AN INTRODUCTION TO COURT Victim Services Department of Justice TABE OF CONTENTS 1. INTRODUCTION......1 2. FIING A POICE REPORT...1 3. COURT PROCESS......2 4. TESTIFYING IN COURT...5 5. COMMONY ASKED QUESTIONS...6
More information