Redondo Beach, CA
Criminal defense Lawyer at Redondo Beach, CA
Practice Areas: Criminal Defense, Tax
OUTCOME:
Ninth Circuit No. 12-10525 He violated the terms of his supervised release (parole) by drinking the equivalent of two cans of beer. The court sent him back to prison for 51 months. What?! I argued tha ... t is a bit too long, and that the statute is unconstitutional for several independent reasons.
OUTCOME:
Ninth Circuit No. 11-10037 He was convicted of conspiring to rob a cocaine stash house. The first problem was, there was no stash house. It was fake. It was a police sting operation. The second proble ... m was that my client never spoke a word to anybody about the plan. He never participated in any conversations about the plan. He just hung out with the people who participated in the conversations. Plenty of other reported cases say that's not enough. We'll see what the court says this time.
OUTCOME:
Ninth Circuit No. 11-10295, on appeal to the US Supreme Court. Murder case on an Indian reservation. On a charge of 1st degree murder, my client pled guilty to 2nd degree murder, and then appealed. ... The problem: the federal court has jurisdiction only when the defendant is an "Indian." The word does not mean what you think it means. The definition has multiple parts, beginning with having enough blood line in the right sort of Indian tribe. Nobody ever talked about that with my client, and the government never said a single word about the definition, let alone present evidence to prove that he was LEGALLY an "Indian."
OUTCOME:
Ninth Circuit No. 10-10465 Kidnapping and murder case on an Indian reservation. That someone died was not at issue. There was a body. The problem was that the federal court has jurisdiction only whe ... n the defendant is an "Indian." The word does not mean what you think it means. The definition has multiple parts, beginning with having enough blood line in the right sort of Indian tribe. The prosecution presented an enrollment certificate, but, was the tribe the right sort of tribe? Nobody ever talked about that. Even if it was, there's a lot more to the definition of "Indian" that was never talked about either.
OUTCOME:
Ninth Circuit No. 11-17363 Charged with murder and robbery on an Indian reservation, he pled guilty to 2nd degree murder and then appealed. One problem we found on appeal was the lack of discussion ... at his plea hearing of whether or not he was an "Indian" for purposes of federal court jurisdiction. The word does not mean what you think it means. The definition has multiple parts, beginning with having blood from the right sort of Indian tribe. Nobody talked about that with him. How do we then know that he was an "Indian," as charged?
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