Eastern District of California Blog

Jury Trial Update, Week of August 24, 2009

The Ronald Groves "Money Growth Solutions" Jury Trial didn't go last week after both defense counsel declared conflicts because their clients sued them and served them with a civil complaint.  Both defendants are now representing themselves, at least for the time being.  Trial was vacated and a further status conference set for October 13, 2009. 

WIth the government moving to dismiss the Crittle medical marijuana charge before trial started today, there areslim pickings in EDCA jury trials this week, unless you count the transferring sexually explicit material over the internet to a minor trial starting today before Judge Wanger in Fresno.

On September 1, 2009, jury trial starts in U.S. v. Marc Keyser, No. 08-538-FCD, the anthrax hoax case, which has garnered national attention.  Details in this D.Walsh piece, Sac Bee, 11/14/2008.  Prosecuted by incoming U.S. Attorney Ben Wagner and AUSA Jean Hobler. 

Finally, in Sekhon & Sekhon, a hearing on the defendants' motions for a judgment of acquittal and new trial has been set before Judge Damrell for October 16, 2009, at 1:30 p.m.

Sausage Maker Fined For Mislabeling Fatty Sausage

The Vacaville Reporter reports that a sausage maker was sentenced to probation and fined $50,000 for misdemeanor counts of mislabeling chicken sausage that had too much fat in it.  According to the prosecutor,

the firm, which produces Le Pique-Nique Chicken Linguisa with garlic and white wine, and Le Pique-Nique Lemon Chicken Sausage, added chicken skin to its sausage formula from 2002 to 2005.

That increased the amount of fat in the products but Engelhart never retested nor relabeled the newly formulated, higher fat sausage products, according to the U.S. Attorney's Office.

No, I didn't make this one up.

 

Feds Dismiss Medical Marijuana Case On Eve Of Trial

On Friday, August 21, 2009, the U.S. Attorney's Office in Sacramento moved to dismiss the misdemeanor marijuana possession charge against Jordan Crittle, which was scheduled for jury trial starting tomorrow, Monday, August 24, before Judge Hollows, as I wrote about in my last blog post.  Congratulations to AFD Lauren Cusick and certified law student Jared Stephenson for their work in securing the dismissal. 

Would Eric Holder Approve? Jordan Crittle Federal Medical Marijuana Trial Starts Monday In Sacramento

Flying under-the-radar is an interesting federal jury trial starting Monday (8/24) on a single charge of misdemeanor possession of marijuana.  Jury selection begins at 1:30 p.m. before Judge Hollows in courtroom 24 on the 8th floor.  In U.S. v. Jordan Crittle, No. 09-23-GGH, the government alleges that Crittle possessed marijuana in the Eldorado National Forest and its Trial Brief suggests a run-of-the-mill 1/4 ounce of marijuana case.  

Backed by a well-reasoned Memo in Support of Medical Necessity and Belief in Valid Prescription Defenses, the Federal Defender's Office has raised a medical marijuana necessity defense and contends that Crittle's reasonable, good faith belief that he had a valid marijuana prescription negates the federal misdemeanor charge under 21 U.S.C. § 844(a).  See Crittle Medical Necessity Proposed Jury Instruction and Crittle Reasonable Belief of Valid Prescription Defense Proposed Jury Instruction.  The government's trial brief, no surprise here, denies the existence of a medical marijuana defense in federal court.  This morning, Judge Hollows set argument for 10 a.m. on Monday.  AUSA Matt Stegman and Lauren Cusick with the FD are working with their respective law students on this one.

This all begs the question.  Why are we here in light of Attorney General Holder's comments that the feds would not prosecute medical marijuana cases in California? 

SK Foods Vice-President Agrees to Plead Guilty In "Big Tomato" Scandal

The Sacramento Bee reported that a vice-president at SK Foods was charged and has agreed to plead guilty and cooperate with prosecutors in the widening "Big Tomato" scandal. 

Another District Judge Adopts 1:1 Crack/Powder Cocaine Ratio For All His Cases

In light of Kimbrough and the Attorney General's recent pronouncements against enhanced penalties for "crack" cocaine, U.S. District Judge Maurice B. Cohill of the W.D. Pennsylvania has become the latest district judge to adopt a 1:1 crack-to-powder cocaine ratio for all of his cases.   Download District Judge Maurice B. Cohill 1-1 Crack Opinion

Indoor Pot Houses Linked to Organized Crime?

Today's Sac Bee has a report on the area's indoor pot farms and possible links to broader organized Asian gangs, with this color-coded map of the indoor pot house busts in the region.  

Sacramento Man Sentenced To 10 Years Prison For Unusual Bank Fraud Scheme

According to the Sacramento Business Journal, on Monday, Judge Damrell sentenced a Sacramento man alleged to be a gang member to 10 years in prison for a creative business fraud scheme described as follows: 

A Sacramento gang member was sentenced to 10 years, 10 months in federal prison for bank fraud, stemming from a scheme that netted more than $1 million from banks across the country.

Charles Barksdale, 28, also known as “Sho”, entered his guilty plea before U.S. District Judge Frank Damrell Jr. in February. He was sentenced Monday in federal court in Sacramento.

The scheme sent runners around California and as far away as Alabama, Arizona, Illinois, Indiana, Montana, New Mexico, Ohio, Oklahoma and Texas. They would go to banks with a pre-paid credit card charged with little money. The runner would then convince the bank to call a toll-free number authorizing more money. The toll-free number went to a member of the group, who would pose as a bank agent to authorize the transaction.

The runner kept some money and sent Barksdale half.

NBA Star Carmelo Anthony Sues Former Financial Advisor In EDCA Court

Yesterday, Denver Nuggets star Carmelo Anthony filed in Sacramento federal court a Civil Complaint, Anthony v. Harmon, No. 09-CV-2272-WBS seeking more than $2 million from his former financial advisor Larry Harmon and others under a variety of causes of action.

U.S. Indicts Informant in Fraud Involving 130 Million Credit Card Accounts

Ok, there's no EDCA connection I know of, but can't help posting this MSNBC Story on the government informant who is now charged with fraud in federal court involving access to 130 Million Credit Card Accounts, after being previously charged with one involving 40 million accounts, while working as a government informant. 

Federal prosecutors on Monday charged a Miami man with the largest case of credit and debit card data theft ever in the United States, accusing the one-time government informant of plotting to swipe 130 million accounts on top of 40 million he stole previously.

Albert Gonzalez, 28, broke his own record for identity theft by hacking into retail networks, according to prosecutors, though they say his illicit computer exploits ended when he went to jail on charges stemming from an earlier case.

Gonzalez is a former informant for the U.S. Secret Service who helped the agency hunt hackers, authorities say. The agency later found out that he had also been working with criminals and feeding them information on ongoing investigations, even warning off at least one individual, according to authorities.