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Wednesday :: November 02, 2011

Anonymous Backs Off Plan to Name Zetas Associates

Smart move by Anonymous: They are backing off plans to name and publish details about supporters and associates of the Zetas cartel (Details here.).

According to Stratfor Intelligence Group (which automatically plays a video when you click, I hate that):

Since we have seen evidence of cartels employing their own computer scientists to engage in cybercrime, it is logical to conclude that the cartels likely have individuals working to track anti-cartel bloggers and hackers. Those individuals involved thus face the risk of abduction, injury and death — judging by how Los Zetas have dealt with threats in the past.

Anonymous is no match for the Zetas or any cartel. [More...]

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Another Jail Sentence for Lindsay Lohan

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A California judge has ordered 30 days more jail time for Lindsay Lohan. She has to report Nov. 9. It's expected that she will serve about 6 days due to jail over-crowding issues. [More...]

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Jury Finds Viktor Bout Guilty

The jury has returned a guilty verdict in the case of Russian businessman Viktor Bout.

A jury reached the verdict in the case against Viktor Bout after deliberating since Tuesday in federal court in Manhattan. He was convicted of conspiracy to kill Americans and US officials, deliver anti-aircraft missiles and aid a terrorist organization.

He will be sentenced in February and faces up to life in prison. The New York Times reports on the verdict here.

Here's the verdict form the jury had to complete. My recent lengthy post on the trial is here. All of our coverage is available here.

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Great Britain Rejects Extradition Appeal of Wikileaks' Julian Assange

An appeals court in Great Britain has refused to invalidate Sweden's extradition warrant for Wikileaks founder Julian Assange. He now has two weeks to appeal to the country's highest court.

Here is the ruling.

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Wednesday Morning Open Thread

I'm swamped still. But read this:

I don't think it's too strident to demand at this point that David Brooks be hauled up before a jury consisting of everyone else in America and forced to defend himself against several million counts of being an insufferable twat in a public place. In today's episode of Missing the Point So I Don't Miss a Meal, Our Mr. Brooks informs us that he once again has placed us all under close inspection beneath his monocle and discovered that some of us are very angry, not because some thieves in nice suits pillaged the national economy and then held the scraps for ransom. Oh, no, that isn't it at all, and he's got some wholly arbitrary ad hoc sociological categories to prove it.

Yep. Charles Pierce.

Open Thread.

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First Crack Inmates Released as New Guidelines Take Effect

Antwain Black was the first inmate freed from federal prison yesterday, the day the new retroactive U.S. sentencing guidelines went into effect, implementing the lower penalties for crack cocaine offenses in the Fair Sentencing Act of 2010. (The act reduced the ratio of crack/powder cocaine penalties from 100 to 1 to 18 to 1.)

Hopefully, Mr. Black will be the first of thousands. It is estimated that about 12,000 prisoners will see a reduction of about three years in their sentences. The Courts have been planning for the motions for months. Here's how it will work in the District of Colorado.

Not every inmate sentenced for crack will get a reduction. FAMM has this handy FAQ outlining the requirements.

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Court Directs U.S. Marshals to Seize Righthaven Funds

A federal court in Nevada has issued a writ of execution authorizing the U.S. Marshals to use "reasonable force" to seize $63,720.80 in cash and/or assets of copyright troll Righthaven that sued scores of bloggers and tried to take their domain names for publishing too much of news articles and photographs from papers like the Denver Post and Las Vegas Review Journal which had ostensibly assigned their copyrights to the company.

The money is owed to the Randazza Legal Group which represented many of the bloggers. The court awarded the firm a judgment of $34,045.50 for legal fees in the case of Righthaven v. Hoehn, 11-cv-00050-PMP. Righthaven filed an appeal and asked for a stay, claiming the judgment would put them out of business and push them into bankruptcy.

The trial judge granted the stay provided Righthaven file a cost bond with the court for the amount of the $34,045.50 judgment by October 28, 2011. Righthaven didn't file the bond. Nor did it timely seek further relief from the 9th Circuit, or file a bankruptcy petition. Randazza went back to court yesterday for a writ of execution. [More...]

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11th Circuit Upholds Convictions in Liberty City "Sears Tower" Terror Sting

Remember the terror wannabes aka bumbling holy warriors from Florida caught in an FBI terror sting and charged with planning to blow up the Sears Tower in Chicago? The only al-Qaeda member they met with was an undercover informant posing as one. They couldn't even afford boots. It took prosecutors three tries to get a conviction. (More here, all our coverage is here.)

The 11th Circuit upheld their convictions yesterday.

Prosecutor Jacqueline Arango said during sentencing hearings that the U.S. "shouldn't have to wait for people to be harmed to punish these people for their desire to inflict harm."

Punish people for their desires? Wow. I guess punishment for thoughts is coming next. The opinion is here.

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Steamboat Springs Voters Reject Ban on Marijuana Businesses

Just another reason to ski in Colorado. Voters in Steamboat Springs yesterday rejected a proposal to ban medical marijuana businesses. Steamboat is in Routt County, and a separate proposal to ban the businesses throughout the county also failed. As one commenter to the article noted:

More people voted to retain MMJ businesses than voted for any member of the City Council.

In related news, Dan Hartman, the state's director of Medical Marijuana Enforcement has been reassigned to a different division. While the Department won't confirm it, many believe the reassignment came about because of his public stance opposing local bans of medical marijuana businesses. Here's the letter he wrote that was published in the Steamboat Springs Pilot: [More..]

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9th Circuit Reverses Conviction for Prosecutor's Inflammatory Comments

The 9th Circuit has reversed a conviction in a drug case because of the prosecutor's "inflammatory comments" during closing argument in a drug trial. Even though the defendant didn't object at trial, the court found plain error. The opinion is here.

The defendant, a U.S. citizen living in Mexico, brought drugs across the border. His defense was duress. He said the traffickers threatened his family. He said he didn't want to transport the drugs because he had a 2005 drug conviction. When he was caught, he asked the border patrol to check on his family, but they say he did not explain it was because they had been threatened.

In closing, the prosecutor delivered these objectionable "send a memo" comments: [More...]

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Tuesday :: November 01, 2011

Tuesday Late Night Open Thread

Our earlier open thread is just about full.

We've got a blizzard starting. Frontier Airlines has already canceled flights for the morning.

I'm reading the U.S. Sentencing Commission's new report on mandatory minimum sentences and its recommendations to Congress. It doesn't recommend they be abolished, but it does point out they are too severe and applied inconsistently. One really good recommendation it makes is for Congress to expand the Safety Valve to apply to non-violent offenders with 2 or even 3 criminal history points. Overall, it says: [More....]

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Viktor Bout Fate Now in the Hands of the Jury

The jury in the Viktor Bout case is deliberating (background here.) Here's a good summary of the closing arguments.

What happens if Bout is acquitted? The U.S. may have a backup plan. There's another pending indictment filed in February, 2010 pending against him and his former business associate Richard Chichakli in New York, for money laundering, wire fraud and conspiracy to violate the International Emergency Economic Powers Act ("IEEPA") by attempting to purchase two airplanes in the U.S. after the U.N. and OFAC imposed blocking sanctions. The Indictment is here. [More....]

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Tuesday Open Thread

I've got court this afternoon. Here's an open thread, all topics welcome.

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Brooklyn Detective Convicted of Planting Drugs

Brooklyn Detective Jason Arbeeny has been convicted by the Judge at his bench trial on charges he planted drugs on innocent people. Isolated instance? Hardly.

During the trial, prosecutors described the corruption within the Police Department drug units that Detective Arbeeny worked for; one former detective, who did not know the defendant, testified that officers in those units often planted drugs on innocent people.

Arbeeny was convicted of "falsifying business records, official misconduct and offering a false instrument for filing."

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R.I.P. Dorothy Rodham

Hillary Clinton's mother, Dorothy Rodham, has died at age 92. The Clinton family has released this statement:

"A warm, generous and strong woman; an intellectual; a woman who told a great joke and always got the joke; an extraordinary friend and, most of all, a loving wife, mother and grandmother."

I had a few conversations with her in Iowa during the 2007 caucus -- usually in the elevator. (It seemed like everyone was staying at the same hotel -- the mainstream media, the Clintons, bloggers, etc.) I remember how absolutely freezing it was and how it never bothered her. She was always smiling and ready to venture out. Mrs. Rodham was an active part of Hillary's campaign during the primaries. In Iowa, she was part of Hillary's "bring a buddy" program.

R.I.P. Mrs. Rodham and our condolences to the Clinton family.

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