Category Archives/Archivos de la categoría: Articles

Extradition: “We don’t care how you get here.”

A Federal judge in Manhattan refused on Tuesday to dismiss charges against a defendant whose lawyer had argued that his client’s extradition from a Far East country was a result of improper political pressure brought to bear on the little country by the United States.

But the law is clear: unless a U.S. government agent points […]

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Extradition in Colombia Still a Tool for Justice and Abuse

Written by  Hannah Stone | Wednesday, 10 August 2011

Extradition to stand trial in the U.S., long the biggest fear of Colombian drug traffickers, could now be a softer option, offering shorter jail terms and even impunity to criminals.

The first treaty governing extradition of Colombians […]

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It’s Not Nice To Fool Uncle Sam

The Strauss Kahn rape case in New York City is very instructive for defendants who think they can make up a story and get away with it. A chambermaid in a New York hotel accused Strauss-Kahn, the head of the World Bank, of raping her. The maid came up with a story and believed that […]

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Go tell it to the (jury.)

Anyone still not convinced that a defendant can get a fair jury trial in the United States? Defendant Casey Anthony’s baby was found brutally dead, duct tape over her face, the stench of her corpse in the trunk of her mother’s car, her mother not reporting her baby missing for a month and partying to […]

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Transferring a Case to Another District

Question: How can Rule 20 be applied? What are the steps to follow and what would you recommend?

Answer: Rule 20 of the Federal Rules of Criminal Procedure allows a defendant to have his or her case transferred from the district where the case is pending to the district where the defendant is physically located so […]

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Question from an inmate

Question: A lot of letters are sent to Combita from Colombian inmates in the United States, who say that they feel that their human dignity is violated; that is, they feel like they are “objects” to the prosecutors and agents in their case.  Is this true?

Answer: This is not true. Agents and prosecutors may be […]

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Question from a Lawyer

Question: I heard you had a case where you were able to convince the district court to deny the government’s request for a two-level enhancement based on laundered funds allegedly derived from drug trafficking.  If it was a reported case, could you send me the citation or any other cites you used? I would appreciate it.

Answer: It was […]

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10 Questions for the U.S. Drug Czar

The following interview is useful for individuals accused of importing drugs into the United States.  In every jurisdiction the federal law is the same: the defendant must be proven, directly or circumstantially, to actually have known that the drugs in question were going to the United States.  It is not enough to assume that everyone […]

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Cooperation in a Criminal Case: Inside a Proffer Session

You’re a defendant in a U.S. jail charged with drug trafficking. You want to cooperate, so your lawyer contacts the prosecutor and sets up a meeting.  The appointed day arrives and you are brought to the courthouse and placed in the marshal’s pens.  The agents involved in your case come to get you and take […]

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Hung Juries

Two days before the jury at the embassy bombing trial of Ahmed Khalfan Ghailani would reach a verdict, it seemed to be on the verge of a deadlock.

A juror sent a note to the judge on Monday asking to be excused. Her decision, she wrote, was “not going to change” and she was being attacked […]

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Question & Answer

Question: Someone who went to the United States told me about a case titled USA v. Smith where the codefendants received a six month reduction in their sentence due to immigration. The defendants are from Colombia, and they are now in Washington, D.C. My husband would like to know whether you’ve heard about that case […]

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Drug Dealing, Money Laundering Not Always U.S. Crimes

To be prosecuted for a crime in the United States, the crime must have occurred in the United States or had an impact on the United States.  If there is no evidence to support those claims, then the crime cannot be prosecuted in the U.S.

To convict a member of a drug […]

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Do Not Go Directly to Jail

PRISON crowding has reached crisis proportions: the legacy of the war on drugs and long, mandatory sentences.

The federal government can take one important step to help states comply: deport many immigrant criminals before they enter prison, not after.

Non-citizen criminals represent a significant percentage of American prisoners: in 2009, some 25 percent of federal prisoners and […]

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Heads Up New Jersey Federal Defendants

I was appalled to hear that defense attorneys have been consenting to sixty-day adjournments, at the government’s request, before an indictment against a defendant is filed.  If the defendant is cooperating, then the adjournment is justified.  But what advantage does a defendant who is not cooperating get from these delays?  None.   After being indicted, defendants […]

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The Exclusionary Rule—Going, Going, Going

The exclusionary rule was a judge made rule that excluded evidence from being presented at trial where the evidence was seized or otherwise obtained in an illegal manner. The evidence might be drugs seized from an apartment without a warrant or without any probable cause to support a search.  Or it could be a confession […]

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Extradition and Discovery

“Discovery” is the evidence the government has collected to use against a defendant. It is governed by Rule 16 of the Federal Rules of Criminal Procedure and says in substance, “Upon a defendant’s request, the government must disclose [his or her discovery] to the defendant . . .” Rule 16 lists […]

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Ineffective Assistance of Counsel

In another second circuit case, on October 19, 2010, the court departed from its usual practice of deferring “ineffective assistance” of counsel claims until after the defendant exhausted his direct appeals. The rationale for the practice is well founded. Generally there is not enough evidence in the record for a judge or an appeals court […]

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Drug Conspiracy – “Knowledge”

In USA v. Jaime Enrique Romero-Padilla, the Second Circuit Court of Appeals adopted the District of Columbia’s appellate court ruling that importation offenses require proof of actual knowledge by the defendant where the government does not prove intent. The law provides that it is “unlawful for any person to manufacture or distribute a controlled substance […]

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Knowledge of Drug Type Not Required

United States v. Hassan is a drug conspiracy case that addresses a frequent argument. Can defendants be convicted without knowledge of the type of controlled substances they are accused of conspiring to possess or distribute? Yes.

In an amended opinion, the Second Circuit Court of Appeals wrote, “We grant the government’s request that we amend the […]

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Extradition-Sentence Reduction for Deportation Delays

In a case out of the District of Connecticut, a judge finally recognized and addressed the delays in deportation resulting in the service of additional time by extraditees who have already completed their sentences. The following colloquy is from the sentencing in that case. […]

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