Category Archives/Archivos de la categoría: Articles

Government Ambushes Defendant

Posted on October 27, 2010 by David S. Zapp and Johanna S. Zapp

There was an article about the initial appearance of the famous baseball player, Roger Clemons, before a federal judge on charges of lying and obstructing justice. First of all it certainly shows just how seriously Americans take perjury. Lying is the kiss of death for a defendant trying to […]

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Letter to the Editor

Posted on October 27, 2010 by David S. Zapp and Johanna S. Zapp

I wrote the following “letter to the editors” of various Colombian publications in response to “An Open Letter to the President” written and signed by various prisoners at Combita. I hope that it is helpful.

Dear Sir/Madam,

I recently read the “Open Letter to the President of Colombia” submitted by prisoners awaiting […]

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Myths of Extradition

Posted on October 27, 2010 by David S. Zapp and Johanna S. Zapp

“I can defeat an extradition.”

Just the other day a woman wrote me explaining that her husband wanted to fire his lawyer, but she would not let him. “You can beat the extradition,” she exclaimed. “The lawyer told me you can.” You can’t. If you are the individual the […]

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Narcotics and the Federal Sentencing Guidelines

Posted on October 27, 2010 by David S. Zapp and Johanna S. Zapp

The guideline in a drug conspiracy is based on the type of drug, the quantity involved and the role the defendant played in the conspiracy. For example, a conspiracy involving more than 150 kilos of cocaine or 30 kilos of heroin is a level 38, but a conspiracy involving 50-150 kilos […]

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The Russian Spies: Aliens can be deported immediately after serving their sentences

Posted on October 27, 2010 by David S. Zapp and Johanna S. Zapp

“Ten Russian spies who posed for years as everyday Americans dropped their aliases, pleaded guilty and were booted back to Moscow yesterday in a massive prisoner exchange . . . the spies were whisked out of court immediately and dispatched straight to La Guardia Airport where they boarded a government plane […]

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Couriers and Competence of Federal Defenders

Posted on October 27, 2010 by David S. Zapp and Johanna S. Zapp

Question: What is the best way to negotiate a drug mule case if the defendant in the case has no prior criminal record and has cooperated with the police?

Answer: The best decision depends on the evidence against the defendant, the court the defendant is in and the judge the defendant is […]

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Some Cases Do Not Belong in the United States

Posted on October 27, 2010 by David S. Zapp and Johanna S. Zapp

DMG is a “financial” case out of Colombia where the conspirators were tried or pled guilty and punished–in Colombia. The ring leader received thirty years. Both Panama and Colombia investigated the case and found insufficient evidence to show that the proceeds were narcotic related. But the U.S. has indicted several of […]

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Abuses of Extradition

Posted on October 27, 2010 by David S. Zapp and Johanna S. Zapp

An article in last week’s Colombian newspaper, El Tiempo, addressed the problem of extraditing paramilitaries, and glossed over the unnecessary extradition of minor figures. Both issues demand the attention of the Colombian people and the U.S. government, and both require practical solutions.

Combita is, and always has been, filled with low-level […]

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Extra Credit for Time Served in Foreign Custody

Posted on October 27, 2010 by David S. Zapp and Johanna S. Zapp

Time served in foreign custody while awaiting extradition is always credited, by law, to a defendant’s U.S. sentence. However, there is currently a rumor at Combita (the Colombian jail) that U.S. federal judges will give two days credit for every day a defendant serves in foreign custody. Let me […]

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Judge Rips Prosecutors for Unfairness

Posted on October 27, 2010 by David S. Zapp and Johanna S. Zapp

The following is an opinion/article regarding a sentencing that took place in the Eastern District of New York. Similar sentencings take place in all courts in the United States. Not all judges are as sympathetic, but even the most conservative judges try to do what they think is fair, […]

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Deportation Delays

Posted on October 27, 2010 by David S. Zapp and Johanna S. Zapp

The following is a letter I wrote recently to Chief Judge Royce C. Lamberth of the District of Columbia in regards to deportation delays.

Dear Judge Lamberth,

This is a post script to the case of US v. Smith et al. If memory serves, the defendants were given a range of 46-52 months. They were […]

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Jury Aquits Teenager of Premeditated Murder

Posted on October 27, 2010 by David S. Zapp and Johanna S. Zapp

The Long Island teenager accused of stabbing and killing an Ecuadorian immigrant in a racially motivated attack was convicted on Monday of manslaughter as a hate crime, a less serious crime than the initial murder charge—saving him from spending the rest of his life behind bars.

Some people will read this as proof […]

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Exclusionary Rule Does Not Apply

Posted on October 27, 2010 by David S. Zapp and Johanna S. Zapp

The exclusionary rule is a judge made rule designed to discourage violations of the fourth amendment to the constitution that guarantees every individual to be free from unreasonable searches and seizures. If an individual is aggrieved by an illegal search and seizure, anything that the cops find pursuant to that search […]

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Colombia Denies U.S. Extradition Request – What does it mean?

Posted on October 27, 2010 by David S. Zapp and Johanna S. Zapp

The Court:

“In the event. . . Mr. Edward Cobos Tellez

(i) “does not contribute to the clarification of the truth and reparations to the victims on whose behalf claims are made

(ii) “is disqualified from his obligations and benefits of the law of justice and peace

(iii) “becomes absolved of the crimes imputed to him

(iv) […]

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The Times They Are a-Changin’

Posted on October 27, 2010 by David S. Zapp and Johanna S. Zapp

The following article regarding the “three-strikes” law in California was recently published in the New York Times. It brings attention to the often overlooked issue of overincarceration.

Justice Anthony Kennedy spoke out against excessive prison sentences this month in California, criticizing the state’s deeply misguided three-strikes law. It was a welcome […]

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A Blue-Ribbon Look at Criminal Justice

Posted on October 27, 2010 by David S. Zapp and Johanna S. Zapp

The following article also appeared in the New York Times recently. It addresses high incarceration rates and the need for sentencing reform.

The nation’s criminal justice system is in need of an overhaul. This is particularly true of its incarceration policies. Too many people are being put behind bars who do […]

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Error for Judge to Presume Guidelines are Reasonable

Posted on October 27, 2010 by David S. Zapp and Johanna S. Zapp

In United States v. Peguero, No. 07-2306-cr (2d Cir. August 19, 2009), the appellate court vacated a sentence where the district court presumed that the guideline sentence was reasonable by saying, “I have the ability to do justice and depart [or impose] a sentence independently of the Guidelines, but my opinion […]

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The Problem of the Large Scale Drug Trafficker

Posted on October 27, 2010 by David S. Zapp and Johanna S. Zapp

Some alleged large scale drug traffickers (LSDT) who are detained believe that if they make a clean breast of all they know and did, they will receive a good plea bargain. This is not so. If the information a LSDT provides is not beneficial to the Government, the Government will […]

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Money Laundering – Hiding money is not laundering money

Posted on October 27, 2010 by David S. Zapp and Johanna S. Zapp

This article was written by Steve Statsinger for the Second Circuit Blog published by Federal Defenders in New York

United States v. Garcia, No. 08-1621-cr (2d Cir. December 1, 2009)

In Cuellar v. United States, 128 S.Ct. 1994 (2008), the Court held that, for the crime of transportation money laundering under 18 U.S.C. § 1956(a)(2)(B)(i), […]

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Question & Answer

Posted on October 27, 2010 by David S. Zapp and Johanna S. Zapp

Question: What do Probation Officers do and why are they important? How many times does a defendant meet with a Probation Officer?

Answer: After a defendant pleads, a Probation Officer (PO) is assigned to the case. The PO calls the defendant’s attorney and schedules an interview (always insist upon having […]

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