Eastern District of California Blog

EDCA Hears Argument Over Sealing Moonlight Fire Documents

A Sacramento federal judge [Kimberly J. Mueller] heard arguments Thursday and will rule later on The Bee's objections to sealing documents that allegedly contain evidence of misconduct and fraud on the part of U.S. Forest Service employees.

Timber giant Sierra Pacific Industries submitted the documents in partial support of its motion for summary judgment in the company's lawsuit contesting the government's refusal to let Forest Service employees testify in related state court litigation.

Sacramento Bee, 1/20/12, and Sacramento Bee, 1/19/12.

Sacramento Jury Convicts Man Of Putting Explosives Underneath SUV

A Sacramento jury found Fairfield resident Daniel Richard Garcia, 30, guilty in the bombing incident that happened nearly a year ago when he planted a bomb underneath a sports utility vehicle. He faces a life sentence in federal prison.

United States Attorney Benjamin B. Wagner announced Tuesday that the guilty verdict was returned by a federal court jury in Sacramento after a four-day trial before United States District Judge Lawrence K. Karlton.

Fairfield Reporter, 1/18/12

Occupy The Courts: Citizens United Protest Friday

This Friday, January 20, MoveToAmend.org is planning a one-day "Occupy the Courts" rally at federal courthouses across the country to protest the Supreme Court's Citizens United v. FEC decision, which ruled that corporations can spend unlimited amounts of money to influence elections because they have the same First Amendment rights as people.  For more information see Sacramento Bee, "Citizens United Case has placed legitimate elections in Peril," 1/17/12 David Cobb video (explaining Friday's protests), NY Times Citizens United Summary, 1/21/10, WSJ Blog, 1/5/12, & Steve Colbert 1/10/12.

In the EDCA, Sacramento "Occupy the Courts" protesters will be marching from Cesar Chavez park to the federal courthouse starting at 10:30 a.m. on Friday while a second Rally Against Citizens United will be held at the west steps of the state Capital Building on Saturday, 1/21, from 1-3 p.m.  In Fresno, Occupy Fresno protesters are planning an all day 9 a.m. to 5 p.m. rally at the federal courthouse. 

Cutting Edge Evidence Issues for 2012

Federal courts are closed today for the Martin Luther King Holiday.  

In my latest installment of cutting-edge issues for criminal defense attorneys (and others) to keep an eye on in litigating cases, here is the Federal Evidence Blog's 10 Key Evidence Issues for 2012, or use the links below to read more about an individual issue: 

1. Supreme Court Watch: Williams v. Illinois: Confrontation Clause - Pending Decisions
2. Confrontation Clause: More Notice and Demand Rules?
3. Supreme Court Watch Open Issue: Confrontation Clause - Resolving An Open Issue on the Scope Of Dying Declarations
4. Circuit Split: Waiving An Objection to a Stipulation Under the Confrontation Clause
5. Circuit Split: Admission Of Pre-Miranda Silence
6. Circuit Split: Whether the Rule of Completeness Allows Inadmissible Evidence to be Admitted?
7. More Judicial Criticism of the “Inextricable Intertwinement" Theory
8. Rule Amendments: “Restyling” Federal Rules of Evidence
9. Pending Rule Amendment: FRE 803(10) - Absence of Public Record
10. Cameras In The Courtroom: Increasing Requests for Televising Supreme Court Proceedings

Sacramento FBI Special Agent In Charge Herb Brown Interview

The transcript of the Sacramento Bee's live reader chat with Herb Brown, the FBI Special Agent in Charge of the Sacramento office, is available here.

County Costs Questioned Over Attempts To Quell Occupy Fresno Protesters

As Fresno County's battle with Occupy Fresno shifts from the protest camps to the courtroom, the cost to the county has grown -- to nearly a quarter-million dollars, and rising.

Now, even some county supervisors are questioning the expense.  

The latest cost is attorney and former federal Judge Oliver Wanger, who is providing legal services for the county. County records show Wanger is earning $375 an hour, with permission to bill up to $50,000.

Another cost the county is likely to face is Occupy Fresno's attorney fees. Because protesters have so far succeeded in parts of their case, the county could be liable for their expenses. That could mean tens of thousands of dollars or more.

The county's legal bills come on top of nearly $200,000 the county already has spent through Christmas Day, the last day the expenses were tallied. Most of this cost is to the Sheriff's Office, for monitoring protests and making arrests.      

"We've spent a lot of money, and we still have people in the park. So what are we accomplishing?" Supervisor Susan Anderson asked. "It's unfortunate we're spending these resources when we have all these other needs."

Fresno Bee, 1/13/12; photo via Cal State--Fresno Collegian.

Sacramento Couple Arrested for Marriage, Visa Fraud

A 65-page federal criminal complaint from the U.S. Attorney's Office claims that Sippy Lal, 55, and Mamta Sharma, 34, of Sacramento, orchestrated a complicated scheme, which arranged fake marriages to secure visas for non-citizens.

New10, 1/12/12 & News10 Video.

Skateboard Bandit Sentenced to 8 Years Prison

A Sacramento man dubbed by law enforcement officers as the "skateboard bandit", was sentenced Monday for a series of bank robberies.

U.S. District Judge William B. Shubb sentenced Jared Sung Yoon Herdt, 30, to eight years in prison, as well as three years of supervised release following his time in prison.

According to court documents, Herdt pleaded guilty to five bank robberies, including one at the Bank of America, 2010 Goldfield Drive, in Rancho Cordova on April 25, 2009. The other four were committed between Jan. 5 and Feb. 24 2009 in Modesto, San Jose and Santa Clara, and in Springfield, Ore.

For purposes of restitution, Herdt also admitted to robbing a Wells Fargo Bank at 9407 Madison Ave. in Orangevale on April 25, 2009, according to a federal Department of Justice news release.

Sac Bee Blog, 1/10/12

Guilty Plea In Loomis Wealth Solutions Case

Christopher J. Warren, who fled the country with a fortune in gold and returned with a paltry $70,000 in cash stuffed into the cowboy boots he was wearing, pleaded guilty Tuesday in Sacramento federal court to identity theft and wire fraud related to cheating lenders out of $19 million.

Warren, 29, was one of three men and a woman who skipped the country while under investigation as part of a still-ongoing federal probe of Roseville-based Loomis Wealth Solutions, which authorities say was a front for a Ponzi scheme that spread over five states and clipped investors for at least $100 million.

Sacramento Bee, 1/11/12

Feds Seek Forfeiture of Sacramento Medical Marijuana Dispensary Building

U.S. authorities filed suit Thursday seeking to seize the building of a Sacramento dispensary, charging the marijuana store violated federal laws against drug transactions near schools.

The forfeiture complaint filed over the Sacramento Holistic Healing Center – a Southside Park dispensary also known as "Grass on 10th" – marks the first formal federal seizure action against a medical marijuana outlet in the city.

In court papers filed in Sacramento, U.S. Attorney Benjamin Wagner suggested the business was being targeted because it was dispensing marijuana within 1,000 feet of the MET Sacramento charter high school and William Land Elementary School.

Sacramento Bee, 1/13/12