9 results for 'cat:"Smuggling"'.
J. Hudson finds the circuit court properly denied defendant's petition for writ of mandamus seeking to withdraw his guilty plea for his conviction on a charge of attempting to furnish a prohibited article into a correctional facility. Separate from his murder, assault, burglary and kidnapping charges, defendant attempted to introduce a cell phone battery into his jail cell while awaiting trial. After a guilty plea conviction, the conviction and sentence cannot be modified. Affirmed.
Court: Arkansas Supreme Court, Judge: Hudson , Filed On: April 18, 2024, Case #: CR-23-646, Categories: Sentencing, smuggling, Plea
J. Tjoflat finds that the district court properly sentenced defendant to 94 months in prison for attempted smuggling, failure to notify a common carrier and submitting false or misleading export information. Defendant falsely declared that a shipment to Iraq containing guns was just auto parts. Defendant's convictions did not violate the double jeopardy clause because the three statutes under which he was convicted each penalize different elements. Sufficient evidence was presented to support defendant's convictions and the prosecutor's misstatements or failure to correct testimony about the caliber of the guns did not violate defendant's due process rights. Affirmed.
Court: 11th Circuit, Judge: Tjoflat, Filed On: April 5, 2024, Case #: 22-12852, Categories: Double Jeopardy, smuggling, Due Process
J. Mizelle finds that the district court properly convicted defendant of offenses including smuggling and conspiracy to violate the International Emergency Economic Powers Act and the Export Administration Regulations. Defendant tried to export rebreathers and other diving equipment to Libya. Sufficient evidence was presented to support defendant's convictions, including evidence that defendant knew his conduct was illegal and that he willfully violated the export control laws. Defendant failed to show that he was prejudiced by the deviation between the evidence at trial and the allegations in the indictment. Although the district court incorrectly applied a section of the guidelines when sentencing defendant to 57 months in prison, the error was harmless. Affirmed.
Court: 11th Circuit, Judge: Mizelle, Filed On: December 20, 2023, Case #: 22-10256, Categories: smuggling
J. Watkins denies the state's motion for rehearing on a previous opinion granting defendant a new trial on two counts related to smuggling of persons. The state failed to prove that two of the smuggled passengers were juveniles. Reversed in part.
Court: Texas Courts of Appeals, Judge: Watkins, Filed On: September 27, 2023, Case #: 04-22-00333-CR, Categories: smuggling
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J. Webb finds the trial court properly denied defendant's pro se motion to vacate and dismiss the judgment and commitment order due to lack of jurisdiction regarding his conviction for attempting to furnish a prohibited article into the correctional facility where he was being held awaiting trial for murder. The time limit for filing a petition alleging that a sentence is illegal has been superseded by limitations set forth in Arkansas Rules of Criminal Procedure. The judgment was the result of a guilty plea, and so the petition had to be filed within 90 days of the date that the order was entered. The requirement was not met, and so the trial court did not clearly err when it found that no cause of action was stated. Affirmed.
Court: Arkansas Supreme Court, Judge: Webb , Filed On: September 21, 2023, Case #: CR-23-236, Categories: smuggling, Plea, Jurisdiction
J. Carlton finds the lower court properly denied defendant’s petition for post-conviction relief. Defendant pleaded guilty to possession of contraband in a correctional facility for having a cell phone, and was sentenced to serve seven years in the custody of the Mississippi Department of Corrections. Because defendant filed the petition more than 12 years after entering his guilty plea, the matter is time-barred and cannot be considered. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Carlton, Filed On: August 1, 2023, Case #: 2022-CP-00831-COA , Categories: smuggling