June 22, 2011 - The Federal Crimes Watch Daily

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Federal Criminal Defense Lawyers www.McNabbAssociates.com Wednesday, June 22, 2011 Aaron Jason Cope a United Express Pilot Found Guilty of Operating an Aircraft Under the Influence of Alcohol McNabb Associates, P.C. (Federal Criminal Defense Lawyers) Submitted at 1:17 PM June 22, 2011 U.S. Attorney’s Office District of Colorado on June 21, 2011 released the following press release: “DENVER – Aaron Jason Cope, age 32, of Norfolk, Virginia, was found guilty of operating a common carrier under the influence of alcohol late last week in an opinion written by visiting U.S. District Court Judge John R. Tunheim from Minnesota. The two-day bench trial started on June 6, 2011 and concluded on June 7, 2011. Judge Tunheim’s written opinion finding the defendant guilty was issued on June 17, 2011. Cope was originally indicted by a federal grand jury on March 16, 2011. According to the indictment, facts presented during the trial, and the written opinion of Judge Tunheim, on December 8, 2009, Cope was the co-pilot and first officer on United Express Flight 7687, a commercial flight operated by Shuttle America, Inc., from Austin, Texas to Denver, Colorado. As co-pilot and first officer, Cope was in a “safety sensitive” position. The captain of Flight 7687, Robert Obodzinski, sat in close proximity to Cope in the cockpit. Obodzinski testified that although Cope appeared to be thinking and speaking clearly, every few minutes during the flight he detected an unusual odor, which he eventually concluded was the smell of an alcoholic beverage. Upon arriving at the gate at Denver International Airport (DIA), Obodzinski leaned over and “took a big wiff.” Obodzinski testified that he concluded that the smell of an alcoholic beverage was emanating from Cope. According to the facts presented during the trial, Obodzinski contacted dispatch to delay the departing 8:00 a.m. flight until the issue was resolved. While Cope went outside to conduct a post-flight inspection, Obodzinski spoke by phone with the acting chief pilot of the airline, his union representative, and a Human Resources Manager for Republic Airways, the parent company of Shuttle America. Once Cope returned to the cockpit, Obodzinski reportedly told him, “if you have any problem taking a breathalyzer, call off sick and get out of here,” to which Cope replied, “well, I guess I better call off sick then.” Obodzinski was directed by his company to escort Cope to an alcohol testing facility in DIA’s main terminal. At the testing facility, according to testimony, Cope stated that he had gone to a bar with a friend and also purchased beer from a gas station near the hotel. On December 8, 2011, at 10:33 a.m. Cope was administered a breathalyzer test, which reflected his alcohol content was .094. At 10:54 a.m. a second “confirmation” test was administered, which reflected a .084 percent alcohol content. According to Judge Tunheim’s opinion, Republic Airways, the parent company of Shuttle America, has a “zero tolerance” policy regarding alcohol consumption in safety sensitive positions, and considers a blood alcohol content of .02 percent grounds for termination. The FAA prohibits an individual from acting as a crew member of a civil aircraft while impaired by alcohol, with a blood alcohol content of .04 percent, or within eight hours after the consumption of any alcohol beverage. “Thanks to an alert pilot, the airline was able to take swift action to remove a drunk first officer from his flight responsibilities,” said U.S. Attorney John Walsh. Max Smith, Special Agent in Charge of the Fort Worth Regional Office of the U.S. Department of Transportation, Office of the Inspector General, said: “The safety of air travel requires that pilots follow the rules that have been created to protect the passengers that are in their care. Aviation safety is a top priority of the Office of the Inspector General and the Department of Transportation; and, together with our prosecution colleagues, we will vigorously investigate and seek prosecution of those who violate these rules and disregard their responsibilities.” Cope faces not more than 15 years imprisonment, and up to a $250,000 fine. This case was investigated by the Department of Transportation Office of the Inspector General, and the FAA, with full cooperation by Shuttle America. This case is being prosecuted by Assistant U.S. Attorneys Joseph Mackey and Mark Pestal.” To find additional federal criminal news, please read The Federal Crimes Watch Daily. Douglas McNabb and other members of the U.S. law firm practice and write extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN List Removal. The author of this blog is Douglas McNabb. Please feel free to contact him directly at [email protected] or at one of the offices listed above. Iowa Man Sentenced to 41 Months in Prison for Conspiring to Violate the Clean Air Act (USDOJ: Justice News) Submitted at 2:54 PM June 22, 2011 Bobby Joe Knapp, the former owner and operator of the Equitable Building in downtown Des Moines, Iowa, was sentenced today by U.S. District Judge James E. Gritzner to 41 months in prison for conspiring to violate the Clean Air Act and the Clean Air Act’s asbestos work practice standards for his role during the renovation of more than 10 floors of the building between 2005 and 2008. Department of Justice Launches Crimesolutions.Gov Website (USDOJ: Justice News) Submitted at 11:32 AM June 22, 2011 This new site is a central, credible resource to inform practitioners and policymakers about what works in criminal justice, juvenile justice, and crime victim services.

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The Federal Crimes Watch Daily is a daily newspaper that discusses current federal criminal issues written by a federal criminal defense attorney.

Transcript of June 22, 2011 - The Federal Crimes Watch Daily

Page 1: June 22, 2011 - The Federal Crimes Watch Daily

Federal Criminal Defense Lawyers www.McNabbAssociates.comWednesday, June 22, 2011

Aaron Jason Cope a United Express Pilot FoundGuilty of Operating an Aircraft Under theInfluence of AlcoholMcNabb Associates, P.C. (Federal Criminal DefenseLawyers)

Submitted at 1:17 PM June 22, 2011

U.S. Attorney’s Office District ofColorado on June 21, 2011 released thefollowing press release:“DENVER – Aaron Jason Cope, age 32,of Norfolk, Virginia, was found guilty ofoperating a common carrier under theinfluence of alcohol late last week in anopinion written by visiting U.S. DistrictCourt Judge John R. Tunheim fromMinnesota. The two-day bench trialstarted on June 6, 2011 and concluded onJune 7, 2011. Judge Tunheim’s writtenopinion finding the defendant guilty wasissued on June 17, 2011. Cope wasoriginally indicted by a federal grand juryon March 16, 2011. According to the indictment, factspresented during the trial, and the writtenopinion of Judge Tunheim, on December8, 2009, Cope was the co-pilot and firstofficer on United Express Flight 7687, acommercial flight operated by ShuttleAmerica, Inc., from Austin, Texas toDenver, Colorado. As co-pilot and firstofficer, Cope was in a “safety sensitive”position. The captain of Flight 7687,Robert Obodzinski, sat in close proximityto Cope in the cockpit. Obodzinskitestified that although Cope appeared tobe thinking and speaking clearly, everyfew minutes during the flight he detectedan unusual odor, which he eventuallyconcluded was the smell of an alcoholicbeverage. Upon arriving at the gate atDenver International Airport (DIA),Obodzinski leaned over and “took a bigwiff.” Obodzinski testified that heconcluded that the smell of an alcoholicbeverage was emanating from Cope.

According to the facts presented duringthe trial, Obodzinski contacted dispatch todelay the departing 8:00 a.m. flight untilthe issue was resolved. While Cope wentoutside to conduct a post-flight inspection,Obodzinski spoke by phone with theacting chief pilot of the airline, his unionrepresentative, and a Human ResourcesManager for Republic Airways, the parentcompany of Shuttle America. Once Copereturned to the cockpit, Obodzinskireportedly told him, “if you have anyproblem taking a breathalyzer, call offsick and get out of here,” to which Copereplied, “well, I guess I better call off sickthen.” Obodzinski was directed by hiscompany to escort Cope to an alcoholtesting facility in DIA’s main terminal. At the testing facility, according totestimony, Cope stated that he had gone toa bar with a friend and also purchasedbeer from a gas station near the hotel. OnDecember 8, 2011, at 10:33 a.m. Copewas administered a breathalyzer test,which reflected his alcohol content was.094. At 10:54 a.m. a second“confirmation” test was administered,which reflected a .084 percent alcoholcontent. According to Judge Tunheim’sopinion, Republic Airways, the parentcompany of Shuttle America, has a “zerotolerance” policy regarding alcoholconsumption in safety sensitive positions,and considers a blood alcohol content of.02 percent grounds for termination. TheFAA prohibits an individual from actingas a crew member of a civil aircraft whileimpaired by alcohol, with a blood alcoholcontent of .04 percent, or within eighthours after the consumption of anyalcohol beverage.“Thanks to an alert pilot, the airline was

able to take swift action to remove a drunkfirst officer from his flightresponsibilities,” said U.S. Attorney JohnWalsh. Max Smith, Special Agent in Charge ofthe Fort Worth Regional Office of theU.S. Department of Transportation, Officeof the Inspector General, said: “The safetyof air travel requires that pilots follow therules that have been created to protect thepassengers that are in their care. Aviationsafety is a top priority of the Office of theInspector General and the Department ofTransportation; and, together with ourprosecution colleagues, we willvigorously investigate and seekprosecution of those who violate theserules and disregard their responsibilities.” Cope faces not more than 15 yearsimprisonment, and up to a $250,000 fine. This case was investigated by theDepartment of Transportation Office ofthe Inspector General, and the FAA, withfull cooperation by Shuttle America. This case is being prosecuted byAssistant U.S. Attorneys Joseph Mackeyand Mark Pestal.” To find additional federal criminal news,please read The Federal Crimes WatchDaily. Douglas McNabb and other members ofthe U.S. law firm practice and writeextensively on matters involving FederalCriminal Defense, INTERPOL RedNotice Removal, International Extraditionand OFAC SDN List Removal. The author of this blog is DouglasMcNabb. Please feel free to contact himdirectly [email protected] or at oneof the offices listed above.

Iowa Man Sentenced to 41 Months in Prison forConspiring to Violate the Clean Air Act(USDOJ: Justice News)

Submitted at 2:54 PM June 22, 2011

Bobby Joe Knapp, the former owner andoperator of the Equitable Building indowntown Des Moines, Iowa, wassentenced today by U.S. District Judge

James E. Gritzner to 41 months in prisonfor conspiring to violate the Clean Air Actand the Clean Air Act’s asbestos workpractice standards for his role during therenovation of more than 10 floors of thebuilding between 2005 and 2008.

Department of JusticeLaunchesCrimesolutions.Gov Website(USDOJ: Justice News)

Submitted at 11:32 AM June 22, 2011

This new site is a central, credibleresource to inform practitioners andpolicymakers about what works incriminal justice, juvenile justice, andcrime victim services.

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Seven More Defendants Indicted in FederalDrug Conspiracy Case, Accused of DistributingCocaine in Washington AreaMcNabb Associates, P.C. (Federal Criminal DefenseLawyers)

Submitted at 10:29 AM June 22, 2011

U.S. Attorney’s Office District ofColumbia on June 21, 2011 released thefollowing press release:“- Latest Developments in Probe That Ledto Seizure of Nearly 30 Kilos of Cocaine - WASHINGTON – Seven men werearrested today on federal chargesstemming from an ongoing investigationinto a drug trafficking organization thatdistributed large amounts of cocaine in theWashington, D.C. metropolitan area. Alltold, 11 people have now been charged ina case that earlier led to the seizure ofnearly 30 kilograms of cocaine, weaponsand cash. The arrests, following the return of asuperseding indictment by a grand jury inthe U.S. District Court for the District ofColumbia, were announced by U.S.Attorney Ronald C. Machen Jr., James W.McJunkin, Assistant Director in Charge ofthe FBI’s Washington Field Office, andCathy L. Lanier, Chief of the MetropolitanPolice Department (MPD). Four of those arrested appeared today incourt and pled not guilty. They are: SeanDe Angelo Crawford, 31, of Washington,D.C.; Shawn Anthony Lucas, 39, ofUpper Marlboro, Md.; Roscoe Edd Minns,32, of Laurel, Md., and Joseph Tolbert,III, 35, of Laurel, Md. All were orderedjailed without bond. The other menarrested today are due in court on June 22,2011. The arrests came as authorities executedseven search warrants today in the Districtof Columbia and Maryland. Severalfirearms, marijuana, crack cocaine, and$25,000 in cash were seized duringtoday’s law enforcement activities. Today’s action comes nearly two monthsafter authorities investigating this casesearched a storage locker in Maryland andrecovered 29.5 kilograms of cocaine, aBushmaster AR-15 assault rifle, twosemiautomatic pistols, and two bullet-resistant vests. The seizure of cocaine isone of the largest recent drug seizures inthe area. The 29.5 kilos had an estimatedwholesale value of $1 million and anestimated street value of more than $3million. Four men were arrested on the day of thatsearch – April 26, 2011 – and named inthe original indictment returned in thiscase. They are Gezo Edwards, 37, of

Silver Spring, Md.; William M. Bowman,31, of Bowie, Md.; Robert Carl Richards,35, of Seat Pleasant, Md., and WillieMoorer, 37, of Washington, D.C. All havebeen in custody since their arrests. Edwards, Bowman, Richards and Moorerhad been indicted on a charge ofconspiracy to distribute and possess withintent to distribute cocaine. All had plednot guilty. The superseding indictmentadds five new narcotics charges and threenew weapons charges against Bowman. Italso adds two new weapons chargesagainst Edwards, Richards and Moorer.Edwards, Bowman, Richards and Moorerare to be arraigned on the new indictmenton June 22, 2011. The indictment also includes a forfeiturecount – against all of those now chargedin the investigation – seeking all proceedsfrom the crimes.“Today’s takedown is further evidence ofour effort to turn the tables on drugtraffickers that endanger our community,”said U.S. Attorney Machen. “We will bethorough, deliberate, and relentless inclearing our neighborhoods of narcotics,firearms, and the violence that theybring.”“Trafficking organizations like the onealleged in this case threaten the safety andsecurity of our neighborhoods,” saidAssistant Director McJunkin. “The FBI,along with our local law enforcementpartners, is focused on stopping themovement and sale of drugs on our streetsand bringing those who profit from it tojustice.”“This was a major drug traffickingorganization that was intent on pushingmillions of dollars worth of drugs on thestreets of the District of Columbia,” saidChief Lanier. “The impact would havebeen detrimental to our community, butthis operation disrupted their criminalactivities.” The charges arose from a 15-monthinvestigation by the FBI and MPD intopeople suspected of acting as wholesaledistributors of cocaine in the Washington,D.C. metropolitan area. The investigationdetermined that from January 2009through April 2011, the defendantsmaintained a drug trafficking organizationthat supplied distribution amounts ofcocaine, and crack cocaine to drug dealersin the District of Columbia and Maryland. In April 2011, investigators learned thatmembers of the organization had arranged

for a large shipment of cocaine to the area,and that they were storing it in a storagefacility in Hyattsville, Md. Afterobtaining a search warrant, agentssearched the locker and recovered the 29.5kilograms of cocaine, packaging materialand firearms, including an assault rifle. Inaddition, searches of the residences ofEdwards and Bowman resulted in theseizure of approximately $600,000 incash. The prosecution grew out of the efforts ofthe federal Organized Crime DrugEnforcement Task Force, a multi-agencyteam that conducts comprehensive, multi-level attacks on major drug trafficking andmoney laundering organizations. Theprincipal mission of the nationwideprogram is to identify, disrupt, anddismantle the most serious drugtrafficking and money launderingorganizations and those primarilyresponsible for the nation’s drug supply. An indictment is merely a formal chargethat a defendant has committed a violationof criminal law and is not evidence ofguilt. Every defendant is presumedinnocent until, and unless, proven guilty. In announcing the new charges, U.S.Attorney Machen, Assistant DirectorMcJunkin and Chief Lanier commendedthe work of the FBI and MPD members ofthe task force who investigated the case.They also thanked the U.S. Attorney’sOffice for the District of Maryland, theFBI’s Baltimore Division, and the PrinceGeorge’s County and MontgomeryCounty police departments, whichprovided assistance. Finally they cited theefforts of those who worked on the casefrom the U.S. Attorney’s Office for theDistrict of Columbia, including AssistantU.S. Attorneys Debra Long-Doyle andSteven B. Wasserman.” To find additional federal criminal news,please read The Federal Crimes WatchDaily. Douglas McNabb and other members ofthe U.S. law firm practice and writeextensively on matters involving FederalCriminal Defense, INTERPOL RedNotice Removal, International Extraditionand OFAC SDN List Removal. The author of this blog is DouglasMcNabb. Please feel free to contact himdirectly [email protected] or at oneof the offices listed above.

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Four Charged in an Alleged Fraudulent TaxRefund SchemeMcNabb Associates, P.C. (Federal Criminal DefenseLawyers)

Submitted at 12:03 PM June 22, 2011

U.S. Attorney’s Office Southern Districtof New York on June 21, 2011 releasedthe following press release:“PREET BHARARA, the United StatesAttorney for the Southern District of NewYork, JOHN A. DiCICCO, the PrincipalDeputy Assistant Attorney General for theTax Division, Department of Justice, andCHARLES R. PINE, the Special Agent-in-Charge of the New York Field Office ofthe Internal Revenue Service, CriminalInvestigation Division (“IRS-CID”),announced today that SHAMELCHARLES, CHARLES PATTERSON,NEKIYA EDWARDS, and AKMELLEDWARDS were charged withparticipating in a scheme to file fraudulentfederal income tax returns using identityinformation of others, some of which hadbeen stolen, causing the United States topay more than $200,000 in false refunds.PATTERSON was also charged withthreatening agents of the IRS-CID inconnection with the investigation. Thedefendants were arrested this morning. According to the Indictment unsealedtoday in Manhattan federal court: CHARLES prepared tax returns at a taxpreparation business called “420Multiservices” in Bronx, New York, in2006. Between 2006 and 2007,CHARLES, 34, PATTERSON, 29,NEKIYA EDWARDS, 32, and AKMELLEDWARDS, 33, all of Bronx, New York,engaged in a scheme to use stolen and

other identification information, includingnames, dates of birth, and Social Securitynumbers, to file fraudulent tax returns.The defendants included, among otherthings, fake dependents, deductions, andexpenses on the fraudulent tax returns thatthey submitted to the IRS. The defendantsthen opened and maintained bankaccounts in their own names and directedthe IRS to send the refunds to those bankaccounts. They subsequently withdrew therefund proceeds in cash, and distributedthe funds among the members of theconspiracy for their own uses. In total, thedefendants filed approximately 25 falsetax returns, resulting in the payment ofover $200,000 in fraudulent refunds. According to the Indictment, in March2008, PATTERSON was approached byagents of the IRS-CID. During thatencounter, PATTERSON threatened theagents, stating, among other things, “Iknow you guys got guns, so what” and“that’s why I kill guys like you.” The defendants are each charged with onecount of conspiring to defraud the UnitedStates with respect to false and fraudulentclaims, which carries a maximumsentence of ten years in prison, and amaximum fine of the greatest of $250,000,or twice the pecuniary loss or gain derivedfrom the offense. The Indictment alsocharges CHARLES and PATTERSONwith four counts, NEKIYA EDWARDSwith three counts, and AKMELLEDWARDS with two counts of makingand presenting false and fraudulent claimsagainst the United States, each of which

carries a maximum sentence of five yearsin prison, and a maximum fine of thegreatest of $250,000, or twice thepecuniary loss or gain derived from theoffense. Additionally, PATTERSON ischarged with attempting to intimidate andimpede United States officers andemployees through threats of force, whichcarries a maximum sentence of one year,and a maximum fine of $100,000. Mr. BHARARA thanked the IRS and theDepartment of Justice Tax Division fortheir efforts in this case. This prosecution is being handled by theOffice’s Complex Frauds Unit. SpecialAssistant U.S. Attorney and Departmentof Justice Tax Division Trial AttorneyJEFFREY L. SHIH is in charge of theprosecution. The charges contained in the Indictmentare merely accusations, and the defendantsare presumed innocent unless or untilproven guilty.” To find additional federal criminal news,please read The Federal Crimes WatchDaily. Douglas McNabb and other members ofthe U.S. law firm practice and writeextensively on matters involving FederalCriminal Defense, INTERPOL RedNotice Removal, International Extraditionand OFAC SDN List Removal. The author of this blog is DouglasMcNabb. Please feel free to contact himdirectly [email protected] or at oneof the offices listed above.

Attorney General Eric HolderSpeaks at the 2011 NationalInstitute of Justice Conference(USDOJ: Justice News)

Submitted at 12:20 PM June 22, 2011

"I want to note – and applaud – the factthat NIJ is not just playing a conveningrole and continuing its crucial researchefforts; its leadership is setting an exampleof excellence. Through their outreach,their engagement with a variety ofpartners, and their commitment toindependence and scientific rigor, they arepaving the way to large-scale reform andimprovement."

Nacogdoches, Texas, ManSentenced to Life in Prisonfor Role in 2007 Murders(USDOJ: Justice News)

Submitted at 10:35 AM June 22, 2011

A Nacogdoches, Texas, man has beensentenced to life in federal prison for hisrole in a double homicide that took placein Nacogdoches in August 2007,announced Assistant Attorney GeneralLanny A. Breuer of the JusticeDepartment’s Criminal Division and U.S.Attorney John M. Bales for the EasternDistrict of Texas.

Michael Jackson’s Former General Manager PleadsGuilty to Tax Charges in Washington, D.C., Court(USDOJ: Justice News)

Submitted at 10:48 AM June 22, 2011

Raymone Bain, a public relationsspecialist and the former general managerof the late pop star Michael Jackson,

pleaded guilty today in federal court inWashington, D.C., to charges that shefailed to file federal and District ofColumbia income tax returns.

U.S. v. EVA AirwaysCorporation(Antitrust Division: Criminal Case Filings)

Submitted at 10:10 AM June 22, 2011

Document filed on May 27, 2011• Information

James “Jimmy Henchman”Rosemond a Hip Hop ManagerArrested for Allegedly Runninga Cocaine Trafficking RingMcNabb Associates, P.C. (Federal Criminal DefenseLawyers)

Submitted at 5:43 AM June 22, 2011

The Wall Street Journal on June 21, 2011released the following story:“By Pervais Shallwani and Sean Gardiner Federal agents arrested the manager ofseveral big-name hip hop artists after afoot chase in Manhattan on Tuesday.

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Judiciary Supports Retroactivity of CrackCocaine AmendmentsMcNabb Associates, P.C. (Federal Criminal DefenseLawyers)

Submitted at 8:01 AM June 22, 2011

Judge Reggie Walton (D. D.C.) testifiedin June before the U.S. SentencingCommission The U.S. Courts – The Third Branch inJune 2011 released the following:““I recommend that the SentencingCommission . . . give retroactive effect toits recently promulgated amendmentslowering sentences for crack offenses,”Judge Reggie Walton (D. D.C.) said at aCommission hearing held this month toconsider making recently promulgatedcrack cocaine amendments retroactive.Walton spoke on behalf of the JudicialConference Criminal Law Committee. The amendments would reduce penaltiesfor crack cocaine trafficking and wouldmodify the guidelines provisions relatedto simple possession of crack cocaine. Thesentences of more than 12,000 federalinmates would be affected by a decision tomake the amendments retroactive. Despite significant anticipated budgetreductions for the Judiciary and theworkload associated with sentencereductions for more than 12,000 inmates,Walton told the Commission that theCriminal Law Committee “continues tobelieve that an extremely seriousadministrative problem would have toexist to justify not applying theamendment retroactively. At this time, theCommittee does not believe that anextremely serious problem exists.” Walton also said there continues to be

strong support throughout the Judiciary toremedy the injustices related to cracksentencing.“If the guideline is faulty and has beenfixed for future cases, then we also needto undo past errors as well,” he said. Among the witnesses testifying at thehearing were Attorney General Eric H.Holder, Jr. and Thomas R. Kane, actingdirector of the Federal Bureau of Prisons,along with panels of practitioners, lawenforcement experts, and academics, anda community interest panel. Holder also called for the retroactiveapplication of the guidelineamendment—with a proviso that appliesto certain dangerous offenders: “thosewho have possessed or used weapons incommitting their crimes and those whohave significant criminal histories shouldbe categorically prohibited from receivingthe benefits of retroactivity,” said Holder. Walton noted that the Criminal LawCommittee’s recommendation in favor ofretroactivity is limited to two parts of theamendment: Part A, affecting the drugquantity table for offenses involving crack

cocaine; and Part C, which deletes a crossreference in the guidelines manual thateffectively lowers guideline ranges forcertain defendants involving simplepossession of crack cocaine. Both of theseamendments, “are consistent with theJudicial Conference’s position opposingsentencing differences between crack andpowder cocaine and agreeing to supportthe reduction of those differences,” saidWalton. In October 2010, the USSC promulgateda temporary emergency amendment thatimplemented the emergency directive insection 8 of the Fair Sentencing Act of2010. In April 2011, the USSC re-promulgated the temporary amendment asa permanent amendment, which willbecome effective, absent congressionalaction, on November 1, 2011. At the sametime, the Commission asked for commenton whether it should give the amendmentretroactive effect.” To find additional federal criminal news,please read The Federal Crimes WatchDaily. Douglas McNabb and other members ofthe U.S. law firm practice and writeextensively on matters involving FederalCriminal Defense, INTERPOL RedNotice Removal, International Extraditionand OFAC SDN List Removal. The author of this blog is DouglasMcNabb. Please feel free to contact himdirectly [email protected] or at oneof the offices listed above.

JAMEScontinued from page 3

James “Jimmy Henchman” Rosemond,who had been a fugitive from the law forthe past month, was taken into custody byU.S. Marshals after they discovered thathe had been staying at the W Hotel inUnion Square. When he spotted the agent,Rosemond, 46 years old and the head ofCzar Entertainment, started walkingquickly and then ran for several blocksbefore being tackled and arrested at 21stStreet and Park Avenue. Rosemond has been accused of being theleader of a “large-scale, bi-coastalnarcotics trafficking organization thatshipped cocaine” from Los Angeles toNew York, according to a 21-page federalcomplaint. The Rosemond Organization,as his alleged network is called in thedocument, “distributed hundreds ofkilograms of cocaine since 2008 andgenerated millions of dollars through itsnarcotics sales.” Some of the cocaine was“packaged in vaccum-sealing and covered

in mustard” to avoid being detected bynarcotics-sniffing dogs, the complaintalleges. Rosemond pleaded not guilty tointentionally conspiring to distribute andpossess with intent to distribute fivekilograms or more of cocaine, witnesstampering and obstruction of justice. Hewas ordered held without bail. His attorney, Jeffrey Lichtman, said,“This indictment was built on the backs ofwitnesses that have been threatened andbribed by federal prosecutors. And I planto expose all of it. If the governmentwants a fight, they’re going to get a fight.” Rosemond’s Czar Entertainment managesartists like Game, Brandy and MarioWinans. According to the criminalcomplaint, Rosemond disguised someshipments of drugs as “freight that wasostensibly needed by the performanceartists he managed.” Last week, a convicted killer namd

Dexter Isaac claimed Rosemond hired himin 1994 to rob rapper Tupac Shakur, whowas shot coming out of a Times Squarerecording studio. Shakur survived thatshooting but was murdered two yearslater. Lichtman called Isaac a “liar” and allegedhe is only motivated by trying to reducehis jail sentence. In Brooklyn federal court Tuesday,Assistant U.S. Attorney Todd Kaminskyargued for no bail, alleging that whenRosemond was arrested he had a“fugitive’s tool kit” on him. Theprosecutor said Rosemond was in the finalstages of obtaining a fake passport andhad a airplane ticket to the Bahamas forthe morning of June 24. Kaminsky said Rosemond was carryingfive Blackberries, an iPad and two falsedriver’s licenses on him — a California

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Fourteen Federal Trial Courts Selected forDigital Video Pilot StudyMcNabb Associates, P.C. (Federal Criminal DefenseLawyers)

Submitted at 10:42 AM June 22, 2011

The U.S. Courts – The Third Branch inJune 2011 released the following:“Fourteen federal trial courts have beenselected to take part in the federalJudiciary’s digital video pilot, which willbegin July 18, 2011, and will evaluate theeffect of cameras in courtrooms. All 14courts volunteered to participate in thethree-year experiment. The courts were selected by the JudicialConference Committee on CourtAdministration and Case Management(CACM) in consultation with the FederalJudicial Center, the Judiciary’s researcharm. The participating courts are:• Middle District of Alabama• Northern District of California• Southern District of Florida• District of Guam• Northern District of Illinois• Southern District of Iowa• District of Kansas• District of Massachusetts• Eastern District of Missouri• District of Nebraska• Northern District of Ohio• Southern District of Ohio• Western District of Tennessee

• Western District of Washington

The pilot will provide for participation bymore than 100 U.S. district judges,including judges who favor cameras incourt and those who are skeptical of them.Districts volunteering for the pilot mustfollow guidelines adopted by CACM. Thepilot is limited to civil proceedings inwhich the parties have consented torecording. No proceedings may be recorded withoutthe approval of the presiding judge, andparties must consent to the recording ofeach proceeding in a case. The recordingswill be made publicly available onwww.uscourts.gov and on localparticipating court websites at the court’sdiscretion. The pilot recordings will not besimulcast, but will be made available assoon as possible. The presiding judge canchoose to stop a recording if it isnecessary, for example, to protect therights of the parties and witnesses,preserve the dignity of the court, orchoose not to post the video for publicview. Coverage of the prospective juryduring voir dire is prohibited, as iscoverage of jurors or alternate jurors. Electronic media coverage of criminal

proceedings in federal courts has beenexpressly prohibited under Federal Ruleof Criminal Procedure 53 since thecriminal rules were adopted in 1946, andby the Judicial Conference since 1972. In1996, the Conference rescinded its cameracoverage prohibition for courts of appeals,and allowed each appellate courtdiscretion to permit broadcasting of oralarguments. To date, two courts ofappeals—the Second and theNinth—allow such coverage. In the early1990s, the Judicial Conference conducteda pilot program permitting electronicmedia coverage of civil proceeding in sixdistrict courts and two courts of appeals.” To find additional federal criminal news,please read The Federal Crimes WatchDaily. Douglas McNabb and other members ofthe U.S. law firm practice and writeextensively on matters involving FederalCriminal Defense, INTERPOL RedNotice Removal, International Extraditionand OFAC SDN List Removal. The author of this blog is DouglasMcNabb. Please feel free to contact himdirectly [email protected] or at oneof the offices listed above.

JAMEScontinued from page 4

drivers license with his photo and a fakename and a New York drivers licensebelonging to someone else. Kaminsky saidthe hip hop manager also had anapplication for a fast passport using theinformation on the New York driver’slicense. Tuesday’s arrest comes two months afterfederal authorities tried to serve an arrestwarrant on Rosemond, but arrived to findhe was not there, Kaminsky said. Mr. Lichtman said the reason his clientmay have seemed like he was on the runwas because he has been harassed forthree years. “I don’t blame him for beinganxious,” the attorney said.” To find additional federal criminal news,

please read The Federal Crimes WatchDaily. Douglas McNabb and other members ofthe U.S. law firm practice and writeextensively on matters involving FederalCriminal Defense, INTERPOL RedNotice Removal, International Extraditionand OFAC SDN List Removal. The author of this blog is DouglasMcNabb. Please feel free to contact himdirectly [email protected] or at oneof the offices listed above.

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Chief Judge Ricardo H. Hinojosa Selected toReceive 29th Annual Devitt AwardMcNabb Associates, P.C. (Federal Criminal DefenseLawyers)

Submitted at 8:24 AM June 22, 2011

Chief Judge Ricardo H. Hinojosa (S.D.Tex.) The U.S. Courts – The Third Branch inJune 2011 released the following:“Chief Judge Ricardo H. Hinojosa (S.D.Tex.) is the recipient of the 29th AnnualEdward J. Devitt Distinguished Service toJustice Award. The award, named for thelate Judge Edward J. Devitt from theDistrict of Minnesota, honors Article IIIjudges whose careers have beenexemplary, measured by their significantcontributions to the administration ofjustice, the advancement of the rule oflaw, and the improvement of society as awhole. The Devitt Award selection was made bya panel chaired by Associate Justice SoniaSotomayor, with members Judge RobertA. Katzmann (2nd Cir.) and Judge MarvinE. Aspen (N.D. Ill.) In announcing the selection, Sotomayorstated: “For over twenty-seven years,Chief Judge Ricardo H. Hinojosa hasserved with highly noteworthy distinctionas a dedicated federal jurist andcommitted public servant. In addition toserving as a member of an impressive listof Judicial Conference committees andadvisory groups during his extensivejudicial service, Judge Hinojosa was Chairof the United States SentencingCommission from 2004 until 2009. He is

credited with having stabilized the workof the Commission during the aftermath ofthe Supreme Court’s decision in UnitedStates v. Booker that declared theSentencing Guidelines advisory. JudgeHinojosa also shepherded theCommission’s work in recommending andimplementing measures to reduce thesentencing disparities between crackcocaine and cocaine powder offenses, anissue that had been under consideration bythe Commission for many years. JudgeHinojosa has also handled one of thebusiest criminal dockets in the nation anddevoted himself to a wide variety ofcommunity activities.” Judges who have worked with Hinojosadescribe him as “tireless, modest,

effective, intelligent, patriotic,compassionate, seasoned, [and]knowledgeable,” with “common sense,good judgment, the ability to chart asuccessful path to a long-term goal, andcomplete dedication to the Judiciary as aninstitution.” According to his formercolleagues on the Commission, his“chairmanship exemplified the best ingovernment stewardship,” earning him“great credibility and trust.” Hinojosa was appointed to the U.S.District Court for the Southern District ofTexas in 1983, where he has served aschief judge since 2009. The Devitt Distinguished Service toJustice is administered by the AmericanJudicature Society with funding providedby the Dwight D. Opperman Foundation.The award will be presented at aceremony later this year.” To find additional federal criminal news,please read The Federal Crimes WatchDaily. Douglas McNabb and other members ofthe U.S. law firm practice and writeextensively on matters involving FederalCriminal Defense, INTERPOL RedNotice Removal, International Extraditionand OFAC SDN List Removal. The author of this blog is DouglasMcNabb. Please feel free to contact himdirectly [email protected] or at oneof the offices listed above.

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