Eastern District of California Blog

(Partial) Legal Victory for Northern California Miners

In this United States v. Godfrey Opinion, Judge Mendez reversed defendant John E. Godfrey's misdemeanor conviction for "[p]lacing in or near a stream, lake, or other water any substance which does or may pollute a stream, lake, or other water" in violation of 36 C.F.R. § 261.11(c), one of his three misdemeanor convictions after a bench trial.  The case arose out of a gold mining operation on the Lucky Bob Mining Claim in the Tahoe National Forest.  (Magistrate Judge Newman had acquitted Mr. Godfrey on two other counts at trial). 

The Court accepted the argument that putting "sands, silts and clays and bottom deposits" from Poorman Creek back into the creek does not count under the regulation as "placing" a "pollutant" into the creek.  

Congratulations to McGeorge federal defender clinic students Robert Mayville and Giovanni Pesce, who handled the appeal to the district court.

Congratulations to McGeorge Law School Students for Misdemeanor Victory

Congratulations to McGeorge Law School students Amanda Seely and Matt Wang, who obtained a not guilty verdict Monday on 4 of 5 misdemeanor charges in connection with the Federal Defender clinic.  United States v. Jones, No. 2:14-mj-0172-CKD.  After a bench trial before magistrate judge Carolyn K. Delaney, their client was found guilty of only a single class C misdemeanor of failing to comply with the lawful order of a federal officer at a SSA office and was sentenced to one year probation and a $5 special assessment. 

McGeorge Law Students Earn NG Verdict In Misdemeanor Bench Trial

With plenty of assistance from the Federal Defender's staff, McGeorge Law School students J. P. Torres and Meghan Clair earned a not guilty verdict today in a bench trial before Magistrate Judge Carolyn Delaney.  Charge was misdemeanor possession of an explosive device in a National Forest.  Judge Delaney found that the government did not post the proper notices. 

Beale AFB Protesters Arraigned

Five people cited at Beale Air Force Base while protesting the U.S. military's use of drones were arraigned Tuesday in Sacramento federal court on charges of unlawfully entering military property.

Through their attorneys, they pleaded not guilty to the misdemeanors and asked for a trial.

U.S. Magistrate Judge Carolyn K. Delaney set April 15 for a non-jury trial before her. If convicted, each faces a fine of not more than $5,000 and/or a prison term of not more than six months.

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Tuesday's hearing was preceded by a drone protest on the plaza and sidewalk outside the federal courthouse at Fifth and I streets. The defendants were among the 30 to 40 protesters. Some displayed banners and signs with messages such as "Do the Drones Hear the Cries of the Children Dying On the Ground?"

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Lawyer Mark Reichel said after the hearing that it is likely he and other defense attorneys will argue their clients are entitled to a jury trial.

"This is a political issue," he said, "and these people should have a right to present their case to a jury of their peers, not a judge."

Sacramento Bee, 1/9/13; see also Occupy Sac, 10/30/12.

EDCA Court Grants Judgment Of Acquittal In Theft Of Government Benefits Case

Last month, U.S. District Judge Kimberly J. Mueller reversed the magistrate court's denial of defendant Colwell's Rule 29 motion on statute of limitations grounds after Colwell was convicted by jury trial of misdemeanor theft of government benefits.  See U.S. v. Colwell, 5-9-12 order.  After the prosecution announced that it would not be appealing the reversal to the Ninth Circuit, the magistrate court today ordered that a judgment of acquittal be entered for Colwell.

Congratulations to Colwell's attorneys, Chief Assistant Federal Defender Linda Harter, who represented Colwell at trial with certified McGeorge students (now attorneys) Etan Zaitsu and Tatiana Filippova, and to Assistant Federal Defender Michael Petrik who (with Tatiana) successfully represented Colwell on appeal to the district court.  

And good luck to Tatiana as she begins her legal career as an Associate Attorney with the Law Office of Michael E. Hanson. 

Feds Fight War On Marijuana--Two Grams At A Time

"Sacramento Man Wins Chance To Wipe His Marijuana Record Clean," Sacramento Bee, 6/3/12

McGeorge Law School Students Prosecute And Defend EDCA Misdemeanors

McGeorge School of Law students both prosecute and defend federal misdemeanor cases before U.S. Magistrate Judges in Sacramento.  [Full disclosure:  I help teach and supervise in the Federal Defender clinic].

U.S. District Judge Kimberly Mueller will be the commencement speaker for McGeorge's 2011 graduating class at the Sacramento Memorial Auditorium on May 14, 2011.

Sacramento Guilty Verdicts

A federal jury today convicted a Yuba City man of eight counts of drug trafficking in Judge Shubb's court.  Appeal-Democrat.com, 3/4/11.  And, yesterday, a jury returned a guilty verdict in a 4-day, misdemeanor tree cutting case before Magistrate Judge Newman.  Redding.com, 3/4/11.

U.S. Attorney Ordered To Clean And Return Bong After Marijuana Case Dismissed

A while back I commented on the government's dismissal of a misdemeanor charge of possessing marijuana on national forest lands due to the Attorney General's new policy not to prosecute in federal court medical marijuana cases that are consistent with state law.  See my 8/20/09, 8/23/09, and 10/20/09 posts.  Recently, I learned the parties have continued to litigate over the defendant's request for return of his property.  In its Opposition To The Mtn For Return of Property, the government objected to the return of a few small containers and a water pipe, commonly known as a bong, on the ground that the items contain contraband, namely marijuana residue.  Last week, U.S. Magistrate Judge Hollows ordered the property returned, noting that the government may wash the items in a "non-destructive" manner to remove any contraband before returning them.  2-26-10 Order Re Return of Property.  

P.S. For full disclosure, the motion for return of property includes as an attachment a blurry photo of the bong and other items sought to be returned.  But I exercised journalistic liberties and got the photo used here from the internet.    

Friday's Not Guilty Jury Verdict In Misdemeanor Assault Case

Last Friday, a Sacramento federal jury returned a not guilty verdict on a misdemeanor assault charge in U.S. v. Foreman, No. 09-CR-0073-EFB.  Congratulations to Assistant Federal Defender Lauren Cusick, who represented Foreman.  The verdict followed Foreman's mtn in limine to exclude statements re discovery violations, which relates a series of discovery violations that reportedly led to the magistrate judge decrying a "systemic problem" with discovery in misdemeanor cases in excluding evidence that was provided to the defense only a week before trial.