Legend Steps Down Today: Larger than life, tough, and feared by the state’s most vicious drug dealers and pornographers – and yes – even controversial – We honor U.S. District Court Judge Robert Holmes Bell – We Bring You His Honor’s Final Sentencings

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As unusual and independent as the Upper Peninsula where he ruled with an iron fist for 3 decades – Today and Tomorrow are Officially The Final Days for His Honor – The Honorable U.S. District Court Judge Robert Holmes Bell

Plus we hope to hear today about the future of Eastern District of Michigan Federal Prosecutor Barbara McQuade

A new top federal prosecutor took the helm last week in the U.P. area and western half of the Lower Peninsula – The new top cop for the U.P. is Acting U.S. Attorney Andrew Birge, who took over last week after the resignation/step-down of  U.S. Attorney Patrick A. Miles, Jr.  (all just an expected big federal shakeup with a new president from different party)

“The diversion of firearms for unlawful purposes or to those who cannot legally possess them endangers each and every member of our society,” said Federal Judge Robert Holmes Bell at his final sentencing on Thursday

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The honorable 72-year-old U.S. District Court Judge Robert Holmes Bell held his final sentencings last week.

This Judge’s judge naturally Command’s Respect (Reminds This Reporter of the Non-Nonsense, Order-In-The-Court, Hang ‘Em High, The Triple A Himself – The Late Great Federal – U.S. District Court Judge Anthony A. Alaimo in Georgia).

Like all federal judges in Michigan, Judge Bell’s impact was profound on every northern Michigan Indian Nation – whether it was tribal domestic violence, or the Founder of American Tribal Gambling Fred Dakota, or the many civil cases.

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For Whom the Bell Tolls – To Prison

Dealing With An Armed Crack Dealer:

Dealt 12 years in federal prison by U.S. District Court Judge Robert Holmes Bell in one of his final sentencings last week

By Greg Peterson
U.P. Breaking News
Owner, News Director
906-273-2433

Federal Judge Robert Holmes Bell sent many heavily armed and murderous drug dealers, gangs, gun-runners and just plain bad people to prison  – from the Upper Peninsula and down to Grand Rapids, Kalamazoo and Benton Harbor.

In the federal system there is no parole, so when he sentences someone 20 or 30 years – that is what they serve.

Hey – Judge Bell even has a judge-looking appearance and official kind of name – just saying.

He was named (middle) after one of America’s most famous jurists.

There was even a brief filed last week with re-assignment of Judge Bell’s many criminal and civiol cases due to “Inactive senior status effective (tomorrow, Tuesday) January 31, 2017– in legal jargon – but it means retirement:

Judge Bell is scheduled to take inactive senior status effective January 31, 2017, and will be unavailable to conclude proceedings in these matter”


Judge Bell’s Second to Last Sentencing, followed by his final (scroll down to sees lots you do not expect):

Dealing With An Armed Crack Dealer:

Dealt 12 years in federal prison by U.S. District Court Judge Robert Holmes Bell in one of his final sentencings last week

By Greg Peterson

(Grand Rapids, MI) – Armed crack kingpin Calvin Veernell Dennis was sentenced to nearly 12 years (140 months) in federal prison by U.S. District Court Judge Robert Holmes Bell on Tues., Jan. 24, 2016 – the latest in numerous Michigan drug traffickers getting stiff prison terms

The decade plus in prison will be followed by three years supervised release

Calvin Veernell Dennis admitted being a highly armed cocaine trafficker and convicted felon in Kent County, MI.

Dennis pleaded guilty to felon in possession of firearms and possession of firearms in furtherance of a drug trafficking crime.

Colt Agent .38 revolver (Serial No. M53914) and 21 rounds of Winchester .38 spl. caliber ammunition

M-11, 9mm Cobroyo semiautomatic pistol and 60 rounds of 9mm ammunition

Smith and Wesson, model SW40VE, .40 caliber semiautomatic pistol (Serial No. RAY4273) and 20 rounds of Winchester .40 caliber ammunition

Tanfoglio, model TZ75, 9mm semiautomatic pistol (Serial No. H00704) and 16 rounds of Winchester Luger and Hornady 9mm ammunition

Rock River Arms, LAR 15, 5.56 caliber rifle (Serial No. CM179750) and 50 rounds of Remington .223 caliber ammunition

660 rounds of 7.62 caliber ammunition.

Case Summary

1:16-cr-00098-RHB All Defendants USA v. Dennis

Date filed: 05/25/2016

Date terminated: 01/24/2017

Calvin Veernell Dennis

Filed: 05/25/2016

Kent County, MI

Count: 1 citation: 18:922g.f offense level: 4 18:922(g)(1), 18:921(a), 18:924(a)(2)

Unlawful transport of firearms, etc.; felon in possession of firearms

Count: 2 citation: 18:922g.f offense level: 4 18:922(g)(1), 18:921(a), 18:924(a)(2)

Unlawful transport of firearms, etc.; felon in possession of ammunition

Count: 3 citation: 21:841a=nd.f offense level: 4 21:841(a)(1), 21:841(b)(1)(c)

Narcotics – sell, distribute, or dispense; possession with intent to distribute cocaine base

Count: 4 citation: 18:924c.f offense level: 4 18:924(c)(1)(a)(i), 21:841(a)(1)

Violent crime/drugs/machine gun; possession of firearms in furtherance of a drug trafficking crime

Defendant in Custody

Assistant U.S. Attorney Sally J. Berens

Phone: (616) 456-2404

Email: sally.berens@usdoj.gov

Assistant U.S. Attorney Joel S. Fauson

Phone: (616) 456-2404

Email: joel.fauson@usdoj.gov

Assistant U.S. Attorney Jennifer S. Murnahan

Phone: (616) 456-2404

Email: jennifer.murnahan@usdoj.gov

Assistant U.S. Attorney Alexis M. Sanford

Phone: (616) 456-2404

Email: alexis.sanford@usdoj.gov

——-


Judge Bell’s Final Sentencing:

FOR IMMEDIATE RELEASE: Thursday, January 26, 2017

Grand Rapids Man To Spend Five Years In Prison For Trafficking Firearms

GRAND RAPIDS, MICHIGAN – Donte Timothy Bacon, 31, of Grand Rapids, was sentenced to 60 months’ imprisonment, Acting U.S. Attorney Andrew Birge announced today.

In August, Bacon pled guilty to selling a firearm to a prohibited person and possession of a firearm with an obliterated serial number. Charles Lee Samuels, 28, earlier was sentenced to 18 months in prison for his lesser role in the crimes.

On five different occasions in August and September 2014, Bacon sold a firearm to a person who was not permitted to possess it under federal law. One of the firearms was sold with a high-capacity magazine. Two of those firearms had been purchased by Bacon and Samuels and were sold after Bacon removed the serial numbers. During the final transaction, Bacon and Samuels used a hand-grinder to remove the serial number at the time of sale.

In his final sentencing before retiring from the bench, U.S. District Judge Robert Holmes Bell observed the seriousness of trafficking firearms. Judge Bell ordered Bacon to serve three years of supervised release following his term of custody and expressed his hope that Bacon will return as a productive member to his community.

“The diversion of firearms for unlawful purposes or to those who cannot legally possess them endangers each and every member of our society,” said Acting U.S. Attorney Birge. “The U.S. Attorney’s Office will prosecute those who willfully circumvent federal firearms laws designed to protect the public.”

“Selling firearms to prohibited individuals contributes to the cycle of gun violence plaguing our neighborhoods,” said Special Agent in Charge Robin Shoemaker of the Bureau of Alcohol, Tobacco, Firearms, and Explosives. “ATF will continue to use all available resources to put a stop to illegal gun sales. Let this conviction stand as a warning to others willing to put profit before public safety.”

The ATF conducted the investigation, with assistance from the Grand Rapids Police Department. Assistant U.S. Attorneys Justin M. Presant and Alexis M. Sanford prosecuted the case.

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Other federal court cases this past week you did not hear about:

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Five years in prison for coke/heroin dealer

Drug dealer Jamian Charles Pearce sentenced on Jan. 23, 2017 to five years (60 months) in federal prison by U.S. District Court Judge Paul L. Maloney for distributing heroin and cocaine in Kent County, MI in Feb. 2016.

After five years in prison, he will be on three years of supervised release.

On March 16, 2015, Muskegon County Law Enforcement arrested 32-year-old Jamian Charles Pearce for obstructing justice/probation violation in Muskegon, MI

Case Summary:

1:16-cr-00036-PLM-4 USA v. Hairston et al

Date filed: 02/25/2016

Date of last filing: 01/24/2017

Jamian Charles Pearce

Filed: 02/25/2016

Kent County, MI

Count: 1

Citation: 21:846=NP.F Offense Level: 4 21:846, 21:841(a)(1), 21:841(b)(1)(a)(i) and (ii), 21:841(b)(1)(c)

Conspiracy to possess narcotics; conspiracy to possess and distribute cocaine and heroin

Count: 3

citation: 21:846=np.f offense level: 4 21:846, 21:841(a)(1), 21:841(b)(1)(c), 18:2

Conspiracy to possess narcotics; attempted possession with intent to distribute cocaine

Count: 1s

citation: 21:846=nd.f offense level: 4 21:846, 21:841(a)(1), 21:841(b)(1)(a)(i) and (ii), 21:841(b)(1)(c)

Conspiracy to distribute narcotics; conspiracy to distribute and possess with intent to distribute cocaine and heroin

Count: 3s

citation: 21:846=nd.f offense level: 4 21:846, 21:841(a)(1), 21:841(b)(1)(c), 18:2

Conspiracy to distribute narcotics; attempted possession with intent to distribute cocaine

Count: 1ss

citation: 21:846=nd.f offense level: 4 21:846, 21:841(a)(1), 21:841(b)(1)(b)(ii)

Conspiracy to distribute narcotics; conspiracy to distribute and possess with intent to distribute cocaine

Defendant in custody

Assistant U.S. Attorney Mark V. Courtade

Phone: (616) 456-2404

Email: mark.courtade@usdoj.gov


Three years in prison for identity theft

By Greg Peterson

(Grand Rapids, MI) – Pedro Enrique Sanchez Pupo was sentenced to 37 months in prison on Jan.25, 2017 by Chief U.S. District Court Judge Robert J. Jonker for aggravated identity theft crimes committed in 2015 in Kent County, MI:
In plea agreement, Pupo pleaded guilty to count one of the indictment conspiracy to commit wire fraud. Her will serve his time – three years and a month- in a federal prison in Florida near his family.

Date of last filing: 01/28/2017

Pedro Enrique Sanchez Pupo

Filed: 12/01/2015

Kent County

Count: 1 Citation: 18:1349.F Offense Level: 4

18:1349, 18:1343

Attempt and conspiracy to commit fraud; conspiracy

Count: 2 citation: 18:1029a.f offense level: 4

18:1029(a)(3), 18:1029(c)(1)(a)(i), 18:2

Produces/traffics in counterfeit device; access device fraud

Count: 3 citation: 18:1028a.f offense level: 4

18:1028a(a)(1), 18:1028a(c)(4), (5), 18:1028a(b), 18:2

Fraud with identification documents; aggravated identity theft

Defendant in Custody

Federal Prosecutor:

Assistant U.S. Attorney Hagen W. Frank

Phone: (616) 456-2404

Email: hagen.frank@usdoj.gov



Ten years – 121 months in prison for distributing coke and heroin

By Greg Peterson

(Grand Rapids, MI) – One of the defendants in major heroin ring was sentenced to just over ten years in federal prison on Jan. 24, 2017 by U.S. District Court Judge Paul L. Maloney for distributing heroin and cocaine during Jan. 2016 in Kent County, MI.

Mario Cruz pleaded guilty to one count of conspiracy to possess narcotics; conspiracy to possess and distribute cocaine and heroin.

No parole in federal prison, and will be under three years supervised release when let out in a decade.

Case Summary

1:16-cr-00036-PLM-3 USA v. Hairston et al

Date filed: 02/25/2016

Date of last filing: 01/24/2017

Mario Cruz

Filed: 02/25/2016

Kent County

Other Court Case: 1:16-cr-169 Related Case

Count: 1 citation: 21:846=np.f offense level: 4

21:846, 21:841(a)(1), 21:841(b)(1)(a)(i) and (ii), 21:841(b)(1)(c)

Conspiracy to possess narcotics; conspiracy to possess and distribute cocaine and heroin

Count: 2 citation: 21:846=nd.f offense level: 4

21:846, 21:841(a)(1), 21:841(b)(1)(a)(i) and (ii), 21:841(b)(1)(c)

Conspiracy to distribute narcotics; conspiracy to distribute and possess with intent to distribute cocaine and heroin

Defendant in custody

Federal prosecutor:

Assistant U.S. Attorney Mark V. Courtade

Email: mark.courtade at usdoj.gov



Read about the fancinating reign of a tough federal judge – who was feared by all the big time evil doers in the Upper Peninsula:

https://www.justice.gov/usao-wdmi/pr/2017_0126_Bacon

https://www.apnews.com/cb2f330cae944accaeac06e0be6b56c2

http://www.mlive.com/news/grand-rapids/index.ssf/2016/10/federal_judge_robert_holmes_be.html

http://www.mlive.com/news/grand-rapids/index.ssf/2016/11/towering_figure_robert_holmes.html

http://www.mlive.com/living/grand-rapids/index.ssf/2011/02/profile_us_district_court_judg.html

http://www.miwd.uscourts.gov/judges-info/judge-robert-h-bell

https://en.wikipedia.org/wiki/Robert_Holmes_Bell

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Indictments: The illegal alien fight in U.P. and western LP – Plus We Have a New Top Cop in the U.P. – U.S. Attorney Andrew Byerly Birge – the big question is what will happen this week to Michigan’s other top cop

New Upper Peninsula top cop is U.S. Attorney Andrew Byerly Birge

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What will happen this week to the other top cop in Michigan?
Federal prosecutor for Eastern District that includes Detroit is still U.S. Attorney Barbara McQuade

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By Greg Peterson
U.P. Breaking News
Owner, News Director
906-273-2433

This morning, Sat., Jan., 29, 2017 – we want to show you some of the efforts of the feds to crack down on illegal aliens, violent drug gangs, child molesters and much more.

Here is just one day in the effort JUST to remove illegal aliens – not only from the Soo and the entire U.P. – but the western half of the Lower Peninsula including all the Lake Michigan coastal cities – and HQ is Grand Rapids.

The other federal district is the eastern district (Detroit half of the state) are equally busy. These are only the illegal aliens indictments in western Michigan – there are many more entered by federal prosecutors across the eastern half of the state.

President Trump appointed one of two new top federal prosecutors in Michigan this week including for the Upper Peninsula (western district).

New Top Federal Prosecutor for Upper Peninsula and the Western District of Michigan is U.S. Attorney Andrew Byerly Birge

What will happen this coming week in the eastern half of the state – will the same top cop remain on the job?

Still no word on future of President Obama’s Attorney General for the Eastern District of Michigan – only the new U.P. top cop has been named.

Here is what is being said about the Detroit half of the state including Bay City, MI:

Anxiety grows over US attorney’s likely departure – Detroit News

Nov 21, 2016 – U.S. Attorney Barbara L. McQuade drew national attention for helping … in 2012 to serve as U.S. attorney for the Western District of Michigan.

U.S. Attorney Barbara McQuade: A fighter for justice – Detroit Free Press

Aug 22, 2015 – McQuade, 50, became the first woman to serve as U.S. Attorney for the Eastern District of Michigan after being appointed by President Barack …

Barbara L. McQuade – Wikipedia

https://en.wikipedia.org/wiki/Barbara_L._McQuade

Barbara L. McQuade (born 1964) is currently the United States Attorney for the Eastern District of Michigan. Early life and education

United States District Court for the Eastern District of Michigan

The United States District Court for the Eastern District of Michigan is the Federal district court with jurisdiction over of the eastern portion of the state of Michigan.

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Big new around the feds drinking fountain this week in the U.P. – was the naming of new top prosecutors around the country – including Michigan, under the administration of the new President Donald Trump.

https://www.justice.gov/usao-wdmi/meet-us-attorney

https://www.justice.gov/usao-wdmi/pr/2017_0123_Birge

With a new president, this week Michigan got a new main federal prosecutor – the new U.S. Attorney for the western district that includes the U.P.

It is unclear what the future is for Eastern District of Michigan U.S. Attorney Barbara McQuade.

Here are the recent Michigan federal press releases:

We will be publishing some of the shocking Michigan child porn/trafficking in humans cases filed recently

Western District of Michigan including Upper Peninsula:

https://www.justice.gov/usao-wdmi

 

Eastern District of Michigan includes Detroit:

 

This week, U.P. Breaking news showed you the deportation efforts in the Soo involving illegal aliens – and some cases downstate even involve aliens who should not be here but are also convicted felons.

Federal prosecutors, Homeland Security and the U.S. Customs and Border Patrol – all care.
In fact, these offices have always – been concerned about these types of crimes.

This happens almost daily in Michigan, but thought we’d give you a taste of one day in Grand Rapids, MI – indicting the people not legally in the U.S. who are caught by police in Michigan.

Some have detailed cases, others do not.

U.P. Breaking News is not worried about illegal aliens stealing U.P. jobs – but only those who live and work in the Soo know what it is really like on that Canadian borders.

The following is an example of one week of charges filed in federal court in Michigan’s western division. Plus with a new president, there may be a new U.S. Attorney for the eastern as well – everyone is holding their breath in the office  of U.S. Attorney Barbara McQuade.

The western district is the entire Upper Peninsula and the western half of the Lower Peninsula: These federal documents cost me about $20 this morning – plus a few others – that I will share.

Arturo Zamarripa-Cantu, alien felon reentry, Van Buren County, MI
Rudy Rene Yoc, alien felon reentry, Kent County, MI
Jose Nelson Garcia-Garcia, alien felon reentry, Kent County, MI
Abac-Xiloj, alien reentry, Missaukee County, MI
Jorge Abraham Vargas-Alegre, re-entry of deported aliens, Kent County, MI
Eliud Cruz-Chavez, alien felon reentry, Antrim County, MI

Indictments filed on Jan. 26, 2017 by U.S. Attorney for the Western District of Michigan Southern Division
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eliud-cruz-chavez-alien-felon-reentry-antrim-county-mi-criminal-complaint-1
eliud-cruz-chavez-alien-felon-reentry-antrim-county-mi-criminal-complaint-2
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gustavo-alexis-hernandez-padilla-re-entry-of-deported-aliens-kent-county-mi-criminal-complaint-1
gustavo-alexis-hernandez-padilla-re-entry-of-deported-aliens-kent-county-mi-criminal-complaint-2
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jorge-abraham-vargas-alegre-re-entry-of-deported-aliens-kent-county-mi-criminal-complaint-1
jorge-abraham-vargas-alegre-re-entry-of-deported-aliens-kent-county-mi-criminal-complaint-2
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\rudy-rene-yoc-alien-felon-reentry-kent-county-mi
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Arturo Zamarripa-Cantu, alien felon reentry, Van Buren County, MI

Case Summary

1:17-cr-00031-PLM All Defendants USA v. Zamarripa-Cantu
Date filed: 01/26/2017
Date of last filing: 01/27/2017

Arturo Zamarripa-Cantu, alien felon reentry, Van Buren County, MI

Van Buren County, MI

Magistrate Case:
1:17-mj-00021-PJG

Count: 1
Citation: 8:1326A.F
Offense Level: 4
8:1326(a), 8:1326(b)(1) REENTRY OF DEPORTED ALIENS; alien felon reentry
Defendant Custody Status: Custody This Court

defendant: Arturo Zamarripa-Cantu represented by Matthew George Borgula
Phone: (616) 458-5500
Email: matt@springsteadbartish.com

USA represented by Assistant U.S. Attorney Jennifer S. Murnahan
Phone: (616) 456-2404
Email: jennifer.murnahan@usdoj.gov
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Gustavo Alexis Hernandez-Padilla, re-entry of deported aliens, Kent County, MI

Case Summary
1:17-cr-00030-GJQ All Defendants USA v. Hernandez-Padilla
Date filed: 01/26/2017
Date of last filing: 01/27/2017

Gustavo Alexis Hernandez-Padilla, re-entry of deported aliens, Kent County, MI

Filed: 01/26/2017

County: Kent

Magistrate Case: 1:17-mj-00022-PJG

Count: 1
Citation: 8:1326A.F
Offense Level: 4
8:1326(a) REENTRY OF DEPORTED ALIENS
Defendant Custody Status: Custody This Court

Defendant Gustavo Alexis Hernandez-Padilla represented by

Donald W. Garthe(Designation CJA Appointment)
Phone: (616) 532-8310
Fax: (616) 532-8320
Email: dwgarthe@sbcglobal.net

USA represented by Assistant U.S. Attorney Jennifer S. Murnahan
Phone: (616) 456-2404
Email: jennifer.murnahan@usdoj.gov
——-
Rudy Rene Yoc, alien felon reentry, Kent County, MI

Case Summary

1:17-cr-00028-JTN
All Defendants USA v. Yoc
Date filed: 01/26/2017

Rudy Rene Yoc, alien felon reentry, Kent County, MI
Kent County, MI

Count: 1
Citation: 8:1326.F
Offense Level: 4
8:1326(a), 8:1326(b)(1) REENTRY OF DEPORTED ALIENS; alien felon reentry
Defendant Custody Status:

Defendant Rudy Rene Yoc

Plaintiff USA represented by Assistant U.S. Attorney Donald Daniels
Phone: (616) 456-2404
Donald.Daniels@usdoj.gov

——-

Jose Nelson Garcia-Garcia, alien felon reentry,Kent County, MI

Case Summary
1:17-cr-00029-RJJ
All Defendants USA v. Garcia-Garcia
Date filed: 01/26/2017
Date of last filing: 01/26/2017

Jose Nelson Garcia-Garcia
Filed: 01/26/2017
Kent County, MI
Magistrate Case:
1:17-mj-00016-PJG

Count: 1
Citation: 8:1326A.F
Offense Level: 4
8:1326(a), 8:1326(b)(1) REENTRY OF DEPORTED ALIENS; alien felon reentry
Defendant Custody Status: Custody This Court

Defendant Jose Nelson Garcia-Garcia represented by Cirilo Martinez(Designation CJA Appointment)
Phone: (269) 342-1112
Email: cirilo@umich.edu

Plaintiff:
USA represented by Assistant U.S. Attorney Jennifer S. Murnahan
Phone: (616) 456-2404
Email: jennifer.murnahan@usdoj.gov

——-
Abac-Xiloj, alien reentry, Missaukee County, MI

Case Summary

1:17-cr-00025-PLM All Defendants USA v. Abac-Xiloj
Date filed: 01/26/2017

Carlos Abac-Xiloj
Filed: 01/26/2017
Missaukee County, MI

Count: 1
Citation: 8:1326.F
Offense Level: 4
8:1326(a) REENTRY OF DEPORTED ALIENS; alien reentry
Defendant Custody Status:

Defendant: Carlos Abac-Xiloj

Plaintiff USA represented by Assistant U.S. Attorney Donald Daniels
Phone: (616) 456-2404
Donald.Daniels@usdoj.gov

——-

Jorge Abraham Vargas-Alegre, re-entry of deported aliens, Kent County, MI

Case Summary

Jorge Abraham Vargas-Alegre
Office: Southern Division
Filed: 01/26/2017
Kent County, MI
Magistrate Case: 1:17-mj-00020-PJG

Count: 1
Citation: 8:1326A.F
Offense Level: 4
8:1326(a) REENTRY OF DEPORTED ALIENS
Defendant Custody Status: Custody This Court

Defendant: Jorge Abraham Vargas-Alegre represented by Britt Morton Cobb(Designation Retained)
Phone: (616) 458-2212
Fax: (616) 458-1158
Email: bmc@willeychamberlain.com

Plaintiff USA represented by Assistant U.S. Attorney Donald Daniels
Phone: (616) 456-2404
Donald.Daniels@usdoj.gov

——-

Eliud Cruz-Chavez, alien felon reentry, Antrim County, MI

Case Summary

1:17-cr-00026-JTN All Defendants USA v. Cruz-Chavez
Date filed: 01/26/2017

Eliud Cruz-Chavez
Filed: 01/26/2017
County: Antrim
Magistrate Case: 1:17-mj-00023-PJG

Count: 1

Citation: 8:1326A.F Offense Level: 4
8:1326(a), 8:1326(b)(1) REENTRY OF DEPORTED ALIENS; alien felon reentry
Defendant Custody Status: Custody This Court

Defendant Eliud Cruz-Chavez represented by Sharon A. Turek(Designation Public Defender or Community Defender Appointment)
Phone: (616) 742-7420
Email: sharon_turek@fd.org

Plaintiff USA represented by Assistant U.S. Attorney Donald Daniels
Phone: (616) 456-2404
Donald.Daniels@usdoj.gov

 


Michigan’s new top federal prosecutors too the helm this week – on Monday, january 23, 2017:

FOR IMMEDIATE RELEASE
Monday, January 23, 2017

Veteran Leader Takes The Helm Of U.S. Attorney’s Office:

New Top Federal Prosecutor for the Western District of Michigan, including U.P., is U.S. Attorney Andrew Byerly Birge

GRAND RAPIDS, MICHIGAN — Andrew Byerly Birge assumed the duties of Acting U.S. Attorney by operation of law following U.S. Attorney Patrick Miles, Jr.’s resignation last Friday at noon.

Birge was serving until then as the First Assistant, the senior-most management position in the office.

Birge held the First Assistant position for the last nine and a half years. U.S. Attorney Charles Gross first tapped him for the role in May of 2007, under then-President George W. Bush’s administration. U.S. Attorneys Donald A. Davis and Patrick Miles each subsequently asked him to continue serving in that capacity.

A First Assistant functions as the chief advisor to the U.S. Attorney and oversees the office’s civil and criminal litigation as well as its administrative operations. Miles said of Birge: “I know I am leaving the office in good hands.” Miles described Birge as “extremely knowledgeable” and a person of “impeccable integrity.”

Birge has been with the U.S. Attorney’s Office for over sixteen years. Prior to assuming senior management responsibilities, he oversaw the office’s appellate practice and handled all manner of criminal cases.

He began his legal career as a law clerk to the late Chief U.S. District Court Judge Richard A. Enslen, in Kalamazoo, Michigan. Prior to joining the U.S. Attorney’s Office, he was an Associate for several years with the law firm of Jenner & Block in Chicago, Illinois.

Birge expects to serve as the Acting U.S. Attorney until President Donald Trump nominates and the U.S. Senate confirms a successor U.S. Attorney. “I take great pride in undertaking this opportunity. This office has remarkably dedicated and talented attorneys and staff with an outstanding record of holding wrongdoers accountable and vindicating the interests of the United States. I plan to continue that tradition of excellence in the pursuit of justice.”

Birge obtained his law degree from the Columbia University School of Law, where he was a Harlan Fiske Stone Scholar. He obtained his Bachelor of Arts degree from Carleton College, where he graduated cum laude and with Distinction as a history major.

U.P. Breaking News Reveals the Shocker Stories of 2016: As the “news readers” tell you in upcoming days about what happened in 2016 – U.P. Breaking News tells you the real “news” that happened in 2016 and what is could mean in 2017 – Plus some stories we will be breaking in upcoming days and weeks

U.P. Breaking News would like police input on these serious issues that were faced in 2016 and must be faced in 2017

Upper Peninsula Logo

We would like to hear (on or off the record) from even more of the fair-minded modern cops who understand the potential and obvious ramifications of these serious issues that if not addressed properly – could lead to officer’s deaths in 2017

And the headline we’d like to see before 2016 ends or in 2017 with our shameful governor Snidley Whiplash in a perp walk:

Michigan Governor Rick Snyder Indicted on Federal Racketeering Charges – RICO indictment returned by grand jury against worst governor in state history

By Greg Peterson
U.P. Breaking News
Owner, News Director
906-273-2433

(Upper Peninsula of Michigan) – As the obligatory “year-ender” stories will soon be in the U.P. media – as the U.P. “news readers” (TV, radio and newspaper) recall what they can about 2016.

U.P. Breaking News doesn’t expect the “news readers” to tell you what really happened (out of their press release world) – so we will.

Soon you will seen the U.P. media reminiscing about 2016 – in the same way they have since TV first came to northern Michigan. The papers sell their special year-end sections and rehash their original hash – but nothing really new.

In fact- even the TV reports look the same each year – just different names and places but often same annual events and perspective.

As the year 2016 ends, is the U.P. ready to face its issues?

Or will we collectively wait til the issues become too big and more people die?

Shall we punt into a Yooper end-zone – or take the first steps: Admit the problem and try to offer solutions.

First an fyi:

  • #1  – U.P. Breaking News is starting a series of stories on unsolved murders in the Upper Peninsula – plus suspicious deaths that seem to fall through the cracks even worse than the unsolved murders. If you know someone whose murder has not been solved – or there are highly-questionable circumstances – please give us a call. 906-273-2433
  • #2 –  If you have time – please join me this Tuesday at 8:45 a.m. in Marquette County Circuit Court.   U.P. Breaking News is under a judge’s demand that we appear in a Marquette courtroom. Against our will, we are being forced to go to that hearing Tuesday where a judge is trying to “restrain” U.P. Breaking News.
  • #3  – U.P. Breaking News is starting a series of stories revealing the truth behind Marquette County’s so-called torture case. The public has been misled by the press and officials to think it is comparable to the horrendous Cleveland torture and sexual assault case. Not even close – there are absolutely no similarities. Even Michigan’s high courts agree the case has big issues.  It’s one of those rare cases where the suspect may actually be innocent (according to some two dozen women). One so-called victim has died of a drug overdose. U.P. Breaking News feels very sorry for the only surviving “victim” Angel – who has actually been victimized and used by everyone involved. We have even heard there might be drug-addicted newborn baby thrown into the mix involving this case. U.P. Breaking News is going to name names – and show all faces.

Now – as U.P. news organizations prepare to tell you about what happened in 2016 – they will recall all the good news (nothing wrong with that) and the criminal cases in state courts. The U.P. news readers serve a niche for those Yoopers who like to dream we are in the 1950s.

But today’s modern Yooper demands more of their media. That’s why U.P. Breaking News devotes so much time, energy and money – instead of retiring on the Chocolay River – as a public service and to open your eyes.

If we break the ice, maybe one day there will be a media outlet in the U.P. that asks questions involving critical thinking – not just fluff or same ole stuff.

Believe it or not – the following is a description of the Upper Peninsula – a place that we think is still “someplace special” but now with an asterisk.

The following happened in final half of 2016:

  • Unsolved murders grow across northern Michigan including questionable deaths written off by media – and people who carer about victims claim little police effort is put into the deaths
  • Very strange deaths being quickly ruled suicide. Questionable “suicides” that are decided virtually overnight – in some cases, not even one day of investigation is given for each ten years of a person’s life – even in the oddest of cases without suicide note
  • U.P. police killing two retired men in their own homes during “well-being” checks – ruled OK bu local cops, probing local cops. And MSP says life goes on except for those shot. There was a third person shot by U.P. police that is also mental health related but that person is recovering.
  • Inmates strangely dropping dead in U.P. prisons in alleged unprecedented accidents. Plus inmates medical scandal leading to deaths and injuries – or many prisoners majorly ill from contaminated or under-cooked meals.
  • Few cops on the road; deadly under-staffing. Police and Corrections Officers are understaffed beyond bone that WILL lead to the death of an U.P. police officer – its only a matter of time before the rubber band breaks. Plus the few cops on road asked to be on-the-scene psychiatrists putting their lives in danger.
  • Skyrocketing suicide rate – and Pathways plus other community health organizations understaffed – and accused of not doing good job with their hands tied.
  • The Raging Children of the U.P. – Even this week U.P. Breaking News heard reports of teachers being attacked by students – from 7 years old – to their early teens. Kids attacking parents, grandparents and the other night attacking people attending a school function at a U.P. school named “Lincoln”
  • U.P. Dumpster Diving, Homelessness, Crushing U.P. Poverty at all time high – this winter expect the U.P,. homeless to freeze to death especially those not welcome at the overwrought shelters like those homeless with substance issues who are sent to fend with the wolves.
  • U.P. “News Media” in 2016 become “Fake News” at your doorstep – by going from simply not reporting stuff – to being duped or bought. For example, U.P. Breaking News was the only media not fooled by MDOC lies about the Kinross Riot. Newspapers and TV claimed that a riot was not happening at Kinross. U.P. Sunday papers had rotten egg omelets on their face with that one – TV was alseep.  Now the”news regurgitators” at the Hoton paper claim there are only 5 suspended black football players – rather than seven. Fake news in print delivered to your door! I would mention TV in all this but they are clueless about both.

Here is is more info on above:

First my message to the “reporters” who are just “news readers” or regurgitators – but want things to change:

To those reporters in the U.P. who are working under the bonds of their bosses – do not worry – newsrooms in other parts of the U.S. actually take their jobs seriously. U.P. newsrooms are very different from others. In some other newsrooms, you do not get discouraged when you come up with new ideas or hard news.

U.P. Breaking News is almost the only news media with the courage to tell you about serious (non-fluff) issues – the majority of other U.P. media hides like puppies.

I remember when paramedics and EMTs objected to be called simply “ambulance drivers.” That’s my comparison for the feckless members of the U.P. media – the media who are merely “news readers” or “news regurgitators” aka ambulance drivers. The difference is whether you read a press release with only the facts provided – or whether you look into the facts and ask questions.

Do you spend a few moments doing critical thinking before you go to a press conference? The weak “news regurgitators” are very obvious if you listen to their stories. Some of the U.P. young and older media really want to be journalists not press release puppets – but are held back by bosses with no guts.

But for example – the rest of U.P. media still has not gotten the Finlandia racism scandal correct.
It is “The Finlandia Seven” – not “The Finlandia Five” (Folks, send your old calculators to the editors at the Houghton paper to help them with math). But, at least the Hoton newspaper did a story with the main stuff coming from us, I do not even want to characterize how the other media handled it.

My message to police who really care (bored or puzzled reporters can stop reading now):

Kinross inmates still go to the hospital on a weekly basis but a federal court lawsuit filed this week may help explain some of the medical issues at Kinross and other U.P. prisons.

U.P. Breaking News is not specifically blaming the cops. The fair-minded cops we talk to regularly – understand we are fighting for their right to have more cops in the wake of an out-of-control system in the U.P. The cops in Yooperland are expected to spend most of their time handling suicidal/mental health situations – all three people that police shot in the U.P. in the final months of 2016 had mental health and/or depression issues.

Plus cops are pressured to close cases – and we are beginning to wonder about why some strange rulings have been made – like a woman whose death was ruled a suicide in less than three days even though she was found with a bungee cord around her neck laying on a famous Upper Peninsula beach – and no suicide note.

U.P. Breaking News stated in a editorial – that the integrity of MSP detectives is now on the line – and even the public is losing faith. I am not so cynical to believe these cops are bad – but it appears problems include low-staffing, pressure to move on, etc. There must be other reasons contribute to the U.P. being the place where people can apparently get away with murder – unless the case is gift wrapped for police.

Plus some days no cops are put on the road by U.P. county sheriff’s departments – and worse. We’d reveal more but it would be a treasure map for crooks (not that they do not already know this). Plus I’d hate to think our huge unsolved murder stats will encourage potential murderers into thinking getting away with the heinous crime is likely in the U.P.

If you are a fair-minded cop who understands and really cares about the future of the U.P. – and why we seem to be upending on many fronts. Rather than being reactionary – police officers please read this – even offer an opinion because we really want to know why this is happening. You do not have to give your name.

Am I the only one who thinks this is not sustainable?

We really want to know why police think this is happening. If this is not addressed – like a cancer – the public will begin the question the credibility of even U.P. law enforcement – where we love and believe in our police.

Please. If you are a professional law enforcement officer who recognizes the problems – and you do not easily get mad or your butt on your shoulders – then please tell us the possible solutions and how you think they can be achieved.
Or is all hunky dory from U.P. cops point of view?

Don’t worry we will hide your identity like our dozens and dozens of other sources – for whom we are very thankful. Some just want to blame media – we can take it. But that doesn’t solve anything.

*** Remember we NEED input from police and corrections officers who care instead of the usual sophomoric blaming of us. Remember, if you won’t help with information do not complain if we do not report it.

Stop throwing poor Native Americans in federal prison if you ignore serious white collar crimes in Upper Peninsula – U.P. Breaking News Editorial to the U.P. Feds

friendly fyi to Federal Prosecutors: U.P. and statewide white collar crime including indifference to human life – linked to recent cop-shooting deaths – prison riot – and other alarming environment crimes unrelated to Flint

Open message to Michigan’s two top cops – U.S. Attorneys Barbara L. McQuade and Patrick A. Miles, Jr.

By Greg Peterson
Owner, News Director
U.P. Breaking News
906-273-2433

The public is going to lose faith in the federal prosecutors office if you do not bring serious charges against our Governor Rick Snyder – and for that matter all the state, federal and locals involved in allowing crimes to happen (often under pressure) or indifference.

While maybe it is needed due to serious crimes – buts it is easy to throw a low-income Native American in federal prison. It is not easy to go after white collar crime especially white white-collar crime.

This comes from a big fan of the federal prosecutors and all the hard work they do across the Upper Peninsula and the state. But Michigan’s budget cuts have gone beyond the bone – and now U.P. ground blood-stained with the innocent.

U.P. Michigan State Police and other law enforcement budget cuts has forced the cops to be psychiatrists – and the mental health system is collapsing – suicides grow – and now retired Yoopers are being shot and killed in their bedrooms by cops who are punished if they follow protocol.
Modern police training dictates handling a suicidal person with the proper patience and care – not rushing into a man’s home. If I were the state troopers and the other cops I would be demanding to stop this before U.P. cops get killed. They normally have many other calls to go to and most of the time barging in doesn’t result in a death – its a budget issue red pen vs red blood.

You folks spend a lot of time throwing Native Americans in federal prison – most rightfully so – but when it comes to white collar corruption in the U.P. you are failing. Period. Your hard-working U.P. staff can barely handle the Native American related caseload – I know because I follow hundreds of cases.

Preferably it should be federal RICO charges against the Governor and his department heads and other minions – under the Racketeering Influenced and Corrupt Organizations (RICO) Act.

In fact, as was done in the “ongoing crime spree” by the feds to the Illinois governor – you should act immediately to remove him from office – or take he and his top staff out of power.

In the Upper Peninsula cops this year have shot and killed two men in their own homes – during incredibly a “well-being check.” The Upper Peninsula prisons are so understaffed that another inmate riot like Kinross – is all but certain especially with under-staffing and angry inmates.

The U.P. state prison meals lines are a huge issue for under-staffing – dangerously riot prone – plus entrenched supervisors who just do not care about inmate rights (We are not sympathetic for those who commit violent crimes – but remember folks we are trying to run a society here).

We can prove – give you places to probe – that the state lied publicly about the U.P. prison riot before and after it happened – but all you have to do is read the Sunday U.P. Papers to get it. U.P. Breaking News was the lone wolf.

Plus a Kinross inmate just died after his medical needs were neglected – and we are about to report on another inmate who also just died – in the Jackson, MI area because of the lack of proper medical care.

This is just the tip of the iceberg, according to numerous sources.

This can not be allowed to happen in a civilized society – especially when faith in law enforcement is at stake. We need law enforcement. But white collar corruption especially when it leads to deaths – can not be tolerated..

These are not minor issues – even if we put aside the poisoning of a generation of low-income Flint children.

We have proof the state lied about environmental crimes in the U.P. including the destruction statewide of the deer herd – and the lie about the reason for the wolf hunt – that federal taxpayers paid a millions to reintroduce to have them killed for pennies a piece.

Plus if a grand jury probed the connection between the Marquette County Road Commission (notorious for pitiful record keeping) – and Kennecott and even the current mine owners over the superhighway that has replaced the once fabled two-rut/dirt Triple A Road for the Acid Mine – all those crimes from unrepentant local elected officials to state officials (we can prove it) – and both mine owners is rife with special treatment, sweetheart deals and luxury travel. Kennecott’s worldwide crime spree has been widely documented and they brought their dirty ways to the U.P. – then fled. No coincidence.

The problem is we can not trust the Michigan Attorney General’s Office to properly investigate its own boss. Remember it is called a conflict of interest.

So – white collar crime in Michigan should be just as important in the Upper Peninsula for the feds as throwing impoverished Native Americans in prison – which many deserve and we love the domestic violence and other initiatives.

U.P. Breaking News has clearly outline these crimes in our news stories and editorials. Now we officially put some of the responsibility on the federal doorstep if more people die or there is another riot. We have warned you – and everyone that U.P. lives are – indeed – at stake.

U.P. Breaking News Exclusive: Medical Marijuana arrests gets some lawmakers mad: Serving time without internet or lawyers to help fight his legal battles – Houghton County’s Nathan Joyal hopes to be set free from Minnesota federal prison – thanks to testimony of U.S. Congress members who accuse federal prosecutors of a giant overreach when targeting Medical Marijuana businesses and essentially made it a crime to pick on legit Medical Marijuana businesses – plus Joyal’s hopes also rely 0n recent federal appeals court rulings in California Medical Marijuana related cases

Nathan Joyal #6 Facebook

Nathan Joyal in happier days

Will the words of U.S. Congress members help overturn the conviction of an Upper Peninsula medical marijuana business owner – who pleaded guilty – after being accused of flaunting state and federal marijuana and weapons laws

Joyal writ of habeas corpus 11Joyal Forefeiture Satisfaction

 

Nathan Joyal settles forfeiture for $50,000 – and files a plea for a writ of habeas corpus

By Greg Peterson

Owner, News Director

U.P. Breaking News

906-273-2433

(Marquette, MI) – On one hand he’s suing the feds calling them persecuting crooks – and with the other hand slipping a mound of cash to settle a fine with federal prosecutors.

Fast becoming a cause célèbre in the medical marijuana movement as his case is oft discussed in industry chat-rooms, a Houghton County man is demanding he be released from prison in a motion that basically accuses the feds of persecuting medical pot providers.

Fed. Prisoner Search graphicJoyalo Duluth Fed Prison Camp Min Sec

Just days after handing $50,000 over to federal prosecutors, Nathan Joyal filed the civil suit that protects the wrongly imprisoned – the famous demand for a writ of habeas corpus. Serving time at a federal prison in Duluth, MN, Joyal is now known by his prison number: 18185-040

In May 2015, a judge approved a demand by federal prosecutors who filed a $100,000 (cash) “forfeiture money judgment” against Joyal

On August 11, 2016 “an order of satisfaction of forfeiture money judgment” was filed essentially cutting the forfeiture in half – to $50,000.

“The parties reached an agreement for the government to accept an immediate payment of $50,000 in satisfaction of the defendant’s (Joyal’s) outstanding balance of the forfeiture money judgment,” the document reads.

On August 6, 2016, “the United States Marshals Service received a cashier’s check in the amount of $50,000 made payable to The United States Marshals Service,” as agreed by all parties. “The judgment is satisfied.”

Nathan Joyal #8 Smoking Pot Pipes on Facebook

The forfeiture satisfaction was filed under the name of a retired (or semi-retired) Judge R. Allan Edgar – and 19 days later (August 30, 32016) – a notice was filed officially reassigning the case to another judge.

The Houghton County man pleaded guilty to running a rogue pot growing and medical marijuana dispensary operation – while heavily armed. But his attorneys say Joyal was unaware at the time of his plea that the government’s ability to prosecute him had been defunded.

“In this instance, (Joyal) was wholly unaware that during the course of the proceedings the funding for the government was revoked for the express purpose of thwarting its ability to prosecute medical marijuana cases,” the suit states.

Joyal’s civil suit against the government argues that defunding the national program that targets illegal pot growing in medical marijuana states – is a giant stogie of a smoke signal that prosecuting medical marijuana dealers is a waste of time and should be a thing of the past.

Joyal argues he complied with state law – while creating his medical marijuana business.

Joyal “went through great pains to comply with state law at every step of his opening and running a medical marijuana dispensary,” the suit states.

Saying he is illegally confined in prison, Joyal’s civil suit calls for him to be released and that his conviction be overturned.

The 15-page suit seeks a writ of “habeas corpus” on behalf of Joyal and is a “motion to vacate, set aside, or correct a sentence” for a person in federal custody – an argument often used by prison inmates. Its considered the best legal way to set free a person wrongly imprisoned in the U.S.

The suit is accompanied with a pile of legal arguments including two California cases that argue a person can appeal even though they forgo the right as part of a plea deal – and to prevent the U.S. Justice Department from spending money to prosecute medical marijuana cases because the effort has been defunded – arguing the suspects had not broken the law.

On Dec. 16, 2014, the president signed an appropriations act for 2015 – and in it two members of congress included “a rider” which “defunds the Dept. of Justice from prosecuting against medical marijuana providers who are adhering to state laws protecting their actions,” according to the motion filed by Joyal.

“This in fact makes the prosecution of these individuals (busted medical marijuana businesses) a crime” under the Anti-Deficiency Act.

Another issue is Joyal’s waiver of his right to appeal when he agreed to the plea bargain “under advice of council.” But – Joyal says – the whole deal was invalid from the get go.

The “legality” of a plea deal with federal prosecutors – and giving up the right to appeal – is “held to the same standard as any other legal contract” and “illegality in the contract voids the agreement.”

“Therefore the contract/waiver (of appeal rights) is void,” the suit states, adding Joyal did not have timely access to updated legal opinions while in prison.

“The issue in this case is whether the government had the right to prosecute this case,” the suit contends – citing a recent ruling in the Ninth U.S. Circuit Curt of Appeals (U.S. vs. Steve McIntosh No.15-10117).

That ruling involves a California medical marijuana case that addresses the legality of prosecuting a case where a “rider” exists – that denies federal funding to prosecute cases “where the defendant abided by state law there exists a serious question of constitutional law of the legality of a subsequent conviction using funds disallowed,” the suit states.

The suit makes much hay out of testimony from members of congress stating the prosecution of those involved in the medical pot business is illegal – and a crime.

In addition to the defunding “rider” – the U.S. Congress made it a crime to even prosecute the cases, the suit states

“It is actually a criminal act to circumvent the rider” and doing so “is a criminal offense punishable by up to two years in prison and a fine of $5,000,” the suit argues.

“There is a clear violation of congressional intent in the prosecution of medical marijuana cases,”

“It has even been made clear by members of congress that to prosecute these cases is in fact itself a crime,” the suit states, adding that Joyal and his father worked hard to bring the issue to the attention of defense attorneys and the court in a timely matter – asap. Another case (is used to argue the so-called “statute of limitations” between when a defendant knows about a defense that can vitally affect a criminal case – and when its brought to the attention of a judge.

The case cited is: Willis vs. Jones – a 2009 ruling from the Sixth U.S. Circuit Court of Appeals.

A man who apparently loves his weapons, Nathan Anthony Joyal once owned a medical marijuana dispensary in Houghton, Michigan – that was – until shortly before he was arraigned in August 2014 on a 17-page, 12-count federal drug and guns indictment – that could have put him in prison for life.

Instead, Joyal pleaded guilty only to counts 1 and 12 – and was sentenced in May 2015 to four years in federal prison and three years supervised release.

Counts 2 through 11 were dismissed by federal prosecutors as part of a plea agreement that normally includes the removal of a right to appeal. The case involves large forfeiture proceedings plus military body armor and two dozen weapons ranging from assault rifles to shotguns and handguns.

The suit asks that the case against Joyal be thrown out by any legal means.

Joyal’s conviction on Count 1 of the indictment “should be over-turned, set aside or that part of the indictment quashed” or “whatever relief the court deems just,” the suit states.

Noting Joyal has “not trained in the law,” the suit he authored states he “has not had adequate time to dispose of personal property to raise funds to hire an attorney” to address “concerns about procedural time limits.”

The suit was filed by:

Nathan Joyal

Federal Prisoner Number 18185-040

Federal Prison Camp

P.O. Box 1000

Duluth, MN 55814

Attachments (see related links below):

U.S. vs. Steve McIntosh No.15-10117

U.S. vs. Charles C. Lynch Nos. 10-50219, 10-50264

Briefs of members of Congress Dana Rohrabacher (R-CA) and Sam Farr (D-CA), as amici curiae in support of Charles C. Lynch’s Motion For Rehearing En Banc

Willis vs. Jones 2009 (Sixth Circuit)

Nathan Joyal #7 Facebook lots of pipesNathan Joyal #5 FacebookNathan Joyal #4 FacebookNathan Joyal #3 FacebookNathan Joyal #1 FacebookNathan Joyal #2 FacebookJoyal writ of habeas corpus 10Joyal writ of habeas corpus 9Joyal writ of habeas corpus 8Joyal writ of habeas corpus 7Joyal writ of habeas corpus 6Joyal writ of habeas corpus 5Joyal writ of habeas corpus 4Joyal writ of habeas corpus 3Joyal writ of habeas corpus 2Joyal writ of habeas corpus 1Joyal Forefeiture SatisfactionJoyal writ of habeas corpus 11

 

——-

Willis vs. Jones, 329 Fed. Appx. 7, 2009 U.S. App. Lexis 10578; 2009 Fed. App. (6th Circuit)

https://www.gpo.gov/fdsys/pkg/USCOURTS-nynd-9_02-cv-01087/pdf/USCOURTS-nynd-9_02-cv-01087-3.pdf

http://www.opn.ca6.uscourts.gov/opinions.pdf/09a0333n-06.pdf

https://www.gpo.gov/fdsys/pkg/USCOURTS-ca6-07-01766/mods.xml

Briefs of members of Congress Dana Rohrabacher (R-CA) and Sam Farr (D-CA), as amici curiae in support of Charles C. Lynch’s Motion For Rehearing En Banc

http://www.latimes.com/local/politics/la-me-lynch-marijuana-20150513-story.html

Convicted medical pot seller finds congressional allies in legal appeal

L.A. Times story states:
In a strongly worded brief filed with the U.S. 9th Circuit Court of Appeals, U.S. Reps. Dana Rohrabacher (R-Costa Mesa), and Sam Farr (D-Carmel), accused prosecutors of flouting federal law as they go after Lynch and called on the court to end the case against him.

The congressmen entered the fray over Lynch by chance.

The pair were the authors late last year of a small but significant amendment to federal law that was meant to prevent the Department of Justice from interfering with states where medical marijuana is legal.

http://cdn.ca9.uscourts.gov/datastore/general/2015/06/14/10-50219%20Motion%20to%20Stay%20Briefing%20Schedule.pdf

http://www.friendsofccl.com/news/section-538-motions.html

http://www.friendsofccl.com/lynch-files-federal-sec-538-motion.html

http://www.nytimes.com/2015/04/09/us/medical-marijuana-dispensers-trapped-by-conflicting-laws.html?_r=1

http://cdn.ca9.uscourts.gov/datastore/general/2015/05/08/10-50219%20Amicus%20by%20Rohrabacher.pdf

http://cdn.ca9.uscourts.gov/datastore/general/2015/04/28/10-50219%20EB%20motion.pdf

Case from the Ninth U.S. Circuit Court of Appeals

U.S. vs. Steve McIntosh No.15-10117

Federal law bars Department of Justice from spending funds to prosecute individuals acting lawfully under state medical marijuana laws (O’Scannlain, J.)

Petitions for Writ of Mandamus

Argued and Submitted December 7, 2015

San Francisco, California

Filed: August 16, 2016

Before Circuit Judges: Diarmuid F. O’Scannlain; Barry G. Silverman and Carlos T. Bea

Opinion by Judge O’Scannlain

http://cdn.ca9.uscourts.gov/datastore/opinions/2016/08/16/15-10117.pdf

http://www.ca9.uscourts.gov/media/view_video.php?pk_vid=0000008703

https://www.justice.gov/sites/default/files/crt/legacy/2014/01/29/mcintoshdismissal.pdf

https://www.scribd.com/document/321401740/U-S-v-McIntosh-9th-U-S-Circuit-Court-of-Appeals-No-15-10117-Aug-16-2016

http://www.therecorder.com/id=1202765227736/United-States-v-McIntosh?slreturn=20160801131853

U.S. vs. Charles C. Lynch Nos. 10-50219, 10-50264

Brief of Senator Mark Leno (SD-11), Senator Mike Mcguire (SD-02), and Former Senator Darrell Steinberg as amici curiae in support of Charles C. Lynch’s Motion For Rehearing En Banc

http://cdn.ca9.uscourts.gov/datastore/general/2015/05/08/10-50219%20Amicus%20by%20Leno.pdf

http://cdn.ca9.uscourts.gov/datastore/uploads/general/cases_of_interest/10-50219_10-50264_Order.pdf

http://www.iowamedicalmarijuana.org/lynch/

http://www.cacd.uscourts.gov

United States District Court, Central District Of California (Western Division – Los Angeles)
Criminal Docket For Case #: 2:07-Cr-00689-Gw-1

The Parties

Partial Docket (with PDF files)

Toke on Down!

Law suit against county and sheriff

Drew Carey on DEA Raids & Medical Marijuana Use by Minors

Raiding California: Medical Marijuana and Minors

United States Court of Appeals for the Ninth Circuit

Appellate Briefs – United States v. Charles Lynch, Nos. 10-50219 and 10-50264

Lynch’s First Cross-Appeal Brief – July 3, 2012

Professors of Law Amici Curiae Brief – July 9, 2012

Americans for Safe Access Amicus Curie Brief – July 9, 2012

Writ of “Habeas Corpus” is a “motion to vacate, set aside, or correct a sentence” for a person in federal custody

https://en.wikipedia.org/wiki/Habeas_corpus

Cause célèbre

https://en.wikipedia.org/wiki/Cause_c%C3%A9l%C3%A8bre

Previous stories:

https://www.youtube.com/watch?v=6kqMRuZItYQ

http://youtu.be/6kqMRuZItYQ

12 Count Federal Guns and Drugs Indictment: Houghton, MI marijuana dispensary owner: flak jacket, assault rifles, $750,000 forfeiture

12 Count Federal Guns and Drugs Indictment: Houghton, MI marijuana dispensary owner could get life pled not guilty, max is life, flak jacket, assault rifles, $750,000 forfeiture

12 Count Federal Guns and Drugs Indictment could land Michigan marijuana dispensary owner in prison for life: Military flak jacket, assault rifles, and $750,000 plus other property in forfeiture notice

by Greg Peterson/Upper Peninsula Breaking News

(Marquette, Michigan) – The owner of a now-closed medical marijuana dispensary in Houghton, Michigan remains free after being arraigned on a 17-page, 12-count federal drug and guns indictment – that could put him in prison for life – on Tuesday, August 5, 2014 in U.S. District Court in Marquette – in a case that involves a large forfeiture proceeding plus military body armor and two dozen weapons ranging from assault rifles to shotguns and handguns.

Nathan Anthony Joyal pleaded not guilty before U.S. Magistrate Judge Timothy P. Greeley during a brief court appearance at federal court in Marquette and then released on bond.

However, as part of being released on bond – Judge Greeley ordered Joyal to turned over a flak jacket.

A flak jacket is military body armor developed to protect the military from high explosives including exploding grenades, anti-aircraft fire and more – but is not a bulletproof vest, according to several government and civilian internet sites.

Joyal was indicted by a federal grand jury in Marquette on July 22 – as he was originally arrested on state drug charges.

A federal indictment accuses Joyal of running a huge marijuana manufacturing and distribution operation between April 2011 and Dec. 12, 2013 – when his Houghton area home and business were raided.

The indictment specifically lists 50 kilos (110 pounds) of Marijuana and 50 or more marijuana plants.

The charges were read in court, however Joyal waived his right to have the indictment read into the record.

The charges:

One count of possession of a firearm in furtherance of a drug crime that carries a maximum sentence of life in prison and a $250,000 fine.

One count of manufacture of marijuana that carries a maximum of 20 years in jail and a one million dollar ($1,000,000) fine.

One count of possession of marijuana plants with intent to distribute that carries a maximum of 20 years in jail and a one million dollar ($1,000,000) fine

One count of conspiracy to manufacture and distribute marijuana that carries a maximum of 20 years in jail and a one million dollar ($1,000,000) fine.

One count of possession of a short barreled rifle that carries a maximum of 10 years in prison and a $250,000 fine.

Six counts of distribution of marijuana – that each carry a maximum sentence of 5 years in prison and a $250,000 fine.

One count of possession of marijuana with intent to distribute that carries a maximum sentence of 5 years in prison and a $250,000 fine.

The federal government is seeking “a substantial amount of personal property” from Joyal, said Judge Greeley.

Federal forfeiture proceedings includes $750,000 in “money” that equal proceeds “directly or indirectly” from Joyal’s alleged marijuana manufacturing conspiracy, according to the indictment. An additional $1,916 in cash was listed for forfeiture.

The indictment lists additional forfeiture targets including a generic request for tools, equipment, materials, chemicals.

The two federal gun charges involve a rifle less than 16 inches in length and a 40 caliber semi-automatic pistol

Those weapons are among 24 guns the indictment lists as targets of forfeiture including a variety of types of pistols (.9 mm .45 mm), revolvers (357 magnum, .45 caliber), shotguns (.410 and 12 gauge) and rifles (One Windham Weaponry AR15 assault rifle, two 45 mm assault rifles, .308 Winchester). Some of the guns listed had various millimeters that are associated with other assault rifles, but the indictment did not specify.

Related links as fyi:

Flak Jacket/Flak Suit:

Flak suits for combat crewmen were a highly successful and valuable adjunct in decreasing the total number of wounds and the number of lethal wounds in the thoracoabdominal region.

Grow, M., and Lyons, R. C.: Body Armor. Air Surgeons Bull. 2:8-10, January 1945.

http://history.amedd.army.mil/booksdocs/wwii/woundblstcs/chapter11.htm

http://www.globalsecurity.org/military/systems/ground/body-armor2.htm

http://www.flightglobal.com/pdfarchive/view/1944/1944%20-%201123.html

Wikipedia on flak jacket:

A flak jacket or flak vest is a form of body armor designed to provide protection from case fragments (“frag”) from high explosive weaponry, such as anti-aircraft artillery (“flak” a German contraction for Flugzeugabwehrkanone), grenades, some round shot used in shotguns and land mines and other lower-velocity projectiles. It is not designed to protect against bullets fired from small-arms such as rifles or handguns. However, certain flak jackets are able to sustain certain gunshots, dependent on the armor, the gun, and the distance that the bullet has travelled.

The term “flak jacket” is often colloquially applied to newer body armor featuring protection against small arms projectiles, but the original usage predated the existence of functional bulletproof vests and the two are not interchangeable in performance.

https://en.wikipedia.org/wiki/Flak_jacket

Joyal Drug Raid

http://www.mininggazette.com/page/content.detail/id/532372/Feds-raid-marijuana-dispensary.html?nav=5006

Facebook photos of Joyal and his pot pipes

https://www.facebook.com/nathan.joyal.39

http://www.northlandsnewscenter.com/news/local/Medical-Marijuana-Bill-in-Minnesota-Part-2-233826071.html

quotes from story – different name of dispensary:

It’s a Provisional Health Center that provides medicinal marijuana to patients from around the Upper Peninsula.

Nathan Joyal, owner of the Provisional Health Center said, “We provide medication to licensed patients. The staff here are state licensed caregivers, and so they have a license to dispense the medication and to advise the patients like a doctor or a pharmacist would.”

In the couple years the center has been open, Nathan Joyal says he’s seen this plant help people with a number of ailments.

“Appetite control, treating anxiety conditions, PTSD, they have back pain, digestive conditions.” said Joyal.

Around the country 20 states have legalized medical marijuana and in the next legislative session, Minnesota will be discussing whether to become the 21st. But even in Houghton, where the law has been in effect for more than three years there has been some turmoil between federal and state laws.

“There was a lot of confusion when the law first came out.” Joyal states.

At the federal level marijuana is considered a schedule–one drug, which means potential incarceration for possession. But with Michigan’s new law you can legally possess and consume marijuana if you have a doctor’s prescription.

Lieutenant Nicholas Roberts of the Houghton Police Department said, “Each patient can have 2.5 ounces or up to 12 plants, some people forget or intentionally forget how many they can have and that can get them in trouble.”

Editorial: Pure Michigan Campaign not only a lie but also sick joke – U.P. BREAKING NEWS DEMANDS that RICO charges be filed against Michigan Governor Rick Snyder, and several administration lackeys plus members of the Michigan Natural Resources Commission for the ongoing rape of the environment, blatantly lying to public about wolf hunt, destroying northern Michigan deer herd in many ways, and doing unspeakable crimes against children

U.P. Breaking News Editorial:

Pure Michigan Campaign Tour of U.P. is Final Straw – as Media lays down likes pigs on teat – throw this gov guy and his co-conspirators in prison on federal RICO charges

Impure Michigan

Federal RICO is only way to handle unrepentant Snyder – crimes fit the Racketeering and Corrupt Organizations Act (RICO)

Hath Michigan Governor Rick Snyder No Shame?

Hath The U.P. Media No Shame?

U.P. Media at Pig's Teat 2

 

Have you noticed the U.P. media feeding at the teat of Gov. Snyder’s Pure Michigan Campaign PR tour of the U.P. – with no critical thinking

Complete with his supposed floating town hall – to his poor attempt to look like a Yooper by taking kayak ride – this Creepy Governor Hath No Shame While He Oversaw Environmental Murder Organization and lying to Public

By Greg Peterson

News Director, Owner

Upper Peninsula Breaking News

PURE MICHIGAN campaign is not only false but a disgusting joke by Snyder Administration, its strong-arming lackeys within DNR that impose their will on biologists, and other insiders like the Michigan Resources Commission, administration should be rounded up on federal RICO charges.

Worst environmental Governor in Michigan History – while trying to look like a sportsman – a haggard-looking Snyder has been touring the U.P. touting the absurd “Pure Michigan” Campaign.

Wake up folks – wether you are Democrat or Republican – you should not be happy about the rape of the Michigan’s environment – then a disgusting coverup campaign named Pure Michigan

The Snyder Administration created an ongoing criminal enterprise and organization by:
Creating an environment within the MI-DNR that helped the creation and coverup of a statewide water crisis – like the entire generation of low income kids who were poisoned in Flint and in many cities – and lying to the public, betraying the wildlife, covering up with a fictitious Pure Michigan campaign.

The environmental gang rape of Michigan by lawmakers cannot even come close to any good things that have happened – many in a panicked response to their criminal enterprise becoming public. By the way – I have walked the walk with the Michigan environment – please go to Linked In and see what projects I have been directly involved in like helping pollinators.

The Upper Peninsula wildlife have no bigger enemy than the dastardly and CRIMINAL Administration of Republican Michigan Gov. Rick Snyder (2011-not soon enuf).

There were also environmental crimes of the Democratic Administration of Jennifer M. Granholm (2003-2010).

While working for Indian Country Today, I submitted questions that Granholm refused to answer in reference to state mining corruption, and state materials and more being used to support the rape of Indian Treaties and the joke of a mine – a terrible tradeoff – the Acid Mine hidden in north Marquette County. Never has a mine been sold so quick as it was starting production – and only a handful of temporary jobs.

Meanwhile mining conglomerates suck away billions in precious metals – and if history is any example – leave a criminal environmental mess behind.

Also we praised CCI for long-term jobs until – in our opinion – CCI’s recent manipulations of the housing and land market and the closure of the Empire Mine – CCI made off big time.

We challenge the Snyder Administration, all of its DNR and NRC lackeys – to argue they did not blatantly lie to the public about the Michigan Wolf Hunt.

***A reminder to federal prosecutors – sorta like they got Capone on tax charges – the Governor, the NRC and others actually joked about the dwindling northern Michigan Deer Herd as they formed the public lie about opening up a wolf season.

Remember taxpayers spent millions of dollars per wolf – and with lawmakers spreading fear about wolves – they denied the real reason was the near destruction of the U.P. Deer Herd in past 8 years.

If you would like me to list all the pollution that plagues the state it would like take hours – and whether Yoopers admit it – they know we have screwed the pooch on the Michigan environment. No one should deer hunt in the U.P. (or the wasting disease) northern Lower Peninsula for at least a decade. Period. Unless you need meat.

But to list a handful that each have big time impacts – treaty violations, wolf hunt lie, U.P. And northern LP deer herd destruction in several ways, cozy deals, corruption in the Marquette County Road Commission disguised with pitiful record-keeping, you can’t eat but a few Lake Trout from polluted Lake Superior.

To see other Unpure Michigan – things visit the websites:

Not Pure Michigan Banner

http://www.notsopuremichigan.com/

http://www.michigan.gov/emergingdiseases/0,1607,7-186-25806—,00.html

Rick-Snyder-Murder-Flint-701x392

http://www.politicususa.com/tag/rick-snyder

See No Evil Gov Snyder

http://wonkette.com/599112/looks-like-pretty-much-everyone-tried-to-warn-rick-snyder-about-flints-water

http://www.uptravel.com/events-6/

http://www.michigan.gov/formergovernors/0,4584,7-212–54132–,00.html

El Water Creepo

The KingPin in Criminal Sick Joke – Pure Michigan

http://www.michigan.org

https://www.pinterest.com/puremichigan/

U.P. Media at Pig's Teat

U.P. Breaking News Exclusive: Feds Issue Big Warning to Northern Michigan Tribal Houses – Domestic Violence will end or you will go to prison – even is she forgives or stays with you

 

Feds continue their crackdown on tribal domestic violence and arresting a lot of people who prey on children and racking up convictions or guilty pleas

In the Upper Peninsula many of the cases are very brutal – This Predatory Behavior by Wimps Must Stop – and … Please my message to all the domestic violence victims – you must move on and leave your brutalizers in the dust – actually federal prison

By Greg Peterson
News Director, Owner
Upper Peninsula Breaking News

Here is an U.P. Breaking News Editorial followed by news stories.

Tillie Black Bear Collage 2016 Tribal DVWe dedicate both to our late, dear friend Tillie Black Bear – who was once a lone voice in the wilderness exposing tribal domestic violence. A Lakota, Tillie was also abused by the criminal justice system, fellow tribes people, and finally some of her co-workers.

Watch Tillie Black Bear’s talk at Northern Michigan University where she explained that “tribal domestic violence was once punished by death.”

https://turtleislandproject.wordpress.com/2009/03/05/tillie-black-bear-tribal-domestic-violence-once-punished-by-death

 

(Marquette, MI) – Upper Peninsula Breaking News believes that if you physically attack your spouse that results in injury – then you should go to prison. Period.

That’s a lot easier on the domestic assault offender than the death punishment, that our friend Tillie Black Bear spoke of in Lakota custom.

It’s sad that federal prosecutors have to wait until the evil-minded suspects has racked up three other domestic violence-related convictions in tribal court or state courts.

A real man doesn’t put his hands on a woman with intent to injure. Then these batterers get all wimpy and try to play court jester around the U.S. Marshals that ship them off to federal prison that has no parole.

One Keweenaw Bay Indian Community batter was recently sent prison for choking his spouse and he blamed alcohol for the violence saying he was a mean drunk during a conversation with U.P. Breaking News – and then repeated that in court – noting the federal bust experience changed his life and he is now helping others and staying sober. He said drinking was no excuse for his violent crimes.

The tiny victim stood at his side and said she still supports and forgives him – but he has to stay away from booze.

First we look at the laws that have allowed this federal crackdown on tribal habitual domestic violence.

Tribal DV Collage 3 Not So Tough

Feds Demand Domestic Violence Will End in Tribal Households across northern Michigan – or the FBI is coming to get you

Tribal DV Collage 2 with words

Violence Against Indian Women

The Violence Against Women Act (VAWA) is a landmark piece of legislation that sought to improve criminal justice and community-based responses to domestic violence, dating violence, sexual assault and stalking in the United States.

The passage of VAWA in 1994 and its re-authorization in 2000 has changed the landscape for victims who once suffered in silence.

Victims of domestic violence, dating violence, sexual assault and stalking have been able to access services, and a new generation of families and justice system professionals have come to understand that domestic violence, dating violence, sexual assault and stalking are crimes that our society will not tolerate.

urgently updated corrected collage A Meshigaud removed

Federal Prosecutor Hannah Bobee Takes on the Bad Boys of the Tribes – and They Lose

Habitual Offender DV Indictment crop

Assault by Strangulation Indictment crop

Also Feds are cracking down on pervs who hurt children in ways that are sickening

Child Porno Indict charge

Abuse of a child Indict charge

 

Abusive Contact Sexually With a Child Indict charge

Jurisdictions USDOJ USA West Dist MI Upper Peninsula

Glenn Daniel Tolonen, Sr Indictment

 Kicking the Batterers’ Butts to the Pen – The Big House – To meet their friendly shower-mate Bubba

 By
Greg Peterson
News Director, Owner
Upper Peninsula Breaking News

(Marquette, MI) – A Keweenaw Bay Indian Community (KBIC) man recently pleaded guilty to being a domestic violence habitual offender in a violent attack on his spouse involving putting his hands around her throat in an attempted strangulation.

Under the plea agreement with Glenn Daniel Tolonen, Sr., a KBIC fisherman, a second charge of assault by strangulation was dropped. Meanwhile, an Isabella Indian Reservation man in central Michigan was recently sent to federal prison for his violent attacks on females.

2016 Mqt Fed Crt Sentencings Judge last day 6-22-16 by Greg Peterson (64)After hearing his defense attorney extol the good sides of Mr. Tolonen, the prosecutor said don’t be fooled because Tolonen is a manipulator.

Mr. Tolonen “is a batterer and this is how he manipulates victims,” said prosecutor Bobee.

 

Asst. U.S. Attorney Hannah Bobee, Lochner (9)

Assistant U.S. Attorney Hannah Bobee of Marquette is throwing tribal domestic batterers into federal prison. because if you have three tribal or state court domestic violence-related convictions – the fourth time the FBI is coming.

Bobee said the public must realize that women are being seriously hurt and even murdered – and the Tolonen case is serious because of “the gravity of this type strangulation” that could have led to death.

A federal judge said tribal batterer’s better take the domestic violence crackdown seriously. In other words, the government isn’t playing.

Mr. Glenn Tolonen, Sr. “is a batterer and this is how he manipulates victims,” said federal prosecutor Hannah Bobee.

The Honorable R. Allan Edgar by David Laprad, Hamilton County Herald

Photo of now-retired Federal Judge R. Allan Edgar by David Laprad, Hamilton County Herald

“The federal government is prosecuting these cases – its meaningful,” said federal judge R. Allan Edgar during his final handful of sentencings before retiring after 20 years on the bench.

Judge Edgar was not pleased with Tolonen’s four domestic violence convictions and said Tolonen “obviously has not respected the law and the victims” adding that prison time for many may be a “deterrent.”

The judge said by giving prison terms family batterer’s will get a clue because “hopefully consequences will make them (batterers) think twice about doing it,” the Judge said.

“The federal government is prosecuting these cases – its meaningful,” said federal judge R. Allan Edgar during his final handful of sentencings before retiring after 20 years on the bench. “Hopefully (the) consequences will make (batterers) think twice about doing it.”

Tolonen received two-and-a-half years (30 months) in federal prison from U.S. District Court Judge R. Allan Edgar last Wednesday, June 22, 2016 – who held his final day of sentencings before retiring after nearly three decades on the bench and legal work. Following his release, Tolonen will be on two years supervised release.

Tolonen has been receiving alcohol treatment at the Phoenix House in Calumet and “there is a spiritual component,” said Assistant U.S. Public Defender Elizabeth A. LaCosse, adding that the treatment has made a “profound difference” in his life.

Beth LaCosse, Federal, U.S. Public Defender Marquette, MI (5)Mr. Tolonen is “very remorseful for his actions,” LaCosse said. Tolonen “hurts deeply in his soul.” for attacking his female companion.

While Tolonen is making no excuses for his crime, LaCosse said alcohol has always been “a precursor” to violent behavior. The alcohol “allows demons that would hit a woman or a girl,” LaCosse said.

2016 Mqt Fed Crt Sentencings Judge last day 6-22-16 by Greg Peterson (105)Tolonen’s alcohol and domestic violence go “hand-in-hand”but she acknowledged he has been in an out of treatment that never sticks – until now. LaCosse said since his arrest by the feds her client has “helped people get into treatment – and helps the elderly a lot.”

LaCosse asked the judge to allow Tolonen to “self report” and reminded the court Tolonen is a “commercial fisherman” who will likely lose his job. However Assistant U.S. Attorney Hannah Bobee would have none of that – saying the attack was “a violent offense” and he should be “taken into custody.”

Sean Michael Wilson mugshot

By Susan Field, Mt. Pleasant News

Meanwhile, sentencing was held on April 11, 2016 in federal court for the Eastern District of Michigan at Bay City, MI  for Sean Michael Wilson of the Anishinaabe Isabella Indian Reservation located in the heart of the Lower Peninsula.

Listen to this rare, exclusive audio of the federal court sentencing of Sean Wilson.

Wilson pleaded guilty to habitual offender domestic violence and was sentenced to just over three years or 37 months in federal prison .

Wilson has three previous domestic violence related convictions including a felony weapons conviction of attempted assault with a dangerous weapon in Isabella County Circuit Court, domestic violence in Isabella County District Court and family violence in Saginaw Chippewa Tribal Court dating back 15 years involving a spouse.

Starting in 1988, court records show Wilson also has a long history of other crimes including resisting arrest, animal cruelty, drinking alcohol on a roadway, driving with no license, drunken driving and possession of pot.

Download, brochures, studies:

Listen to the rare audio of a federal court sentencing of a confessed tribal habitual domestic violence offender

House Republicans Add Insult To Native Women’s Injury

Policy Insights Brief_The Violence Against Women Act (VAWA)_02-06-13

United States District Court for the Western District of Michigan  2013 Year_in_Review

Indian Affairs Committee in New Mexico 8-30-12 – Domestic Violence Combating Violence Against Indian Women and Children: Facts, Figures, and Resources Center for Native American Health

Sacred Circle Brochure

Guide to Understanding the Requirements of Purpose Area #5 OVW Tribal Governments Program) in the Fiscal Year 2016 Coordinated Tribal Assistance Solicitation

Maze of Injustice: A Summary of Amnesty International’s Findings

Showing Support for the Women of Turtle Island

For the Women of Turtle Island are the real leaders if the Seventh Generation can’t get their act together

A true worry because we have left the Seventh Generation with a world full of pollution, hate and violence

Purple DV Ribbon

11-WBCWS Domestic Violence walk Oct. 6, 2008

——-

Isabella Indian Reservation, Anishinaabe logo

Anishinaabe Isabella Indian Reservation – The Seven Fires Prophecy

http://www.anishinabe-history.com/reservations/isabella.shtml

http://www.sagchip.org/ziibiwing/aboutus/history.htm

https://en.wikipedia.org/wiki/Isabella_Indian_Reservation

 ——-

Stats, Info and the Fight Against Tribal Domestic Violence:

 ——-

Tribal Domestic Violence studies, information and help:

Tribal Court Clearinghouse, A Project of the Tribal Law and Policy Institute:

Violence Against Indian Women

DV Groups 9 Sacred Circle Fighting Tribal Domestic Violence

The Violence Against Women Act (VAWA) is a landmark piece of legislation that sought to improve criminal justice and community-based responses to domestic violence, dating violence, sexual assault and stalking in the United States.

The passage of The Violence Against Women Act (VAWA) in 1994 and its re-authorization in 2000 has changed the landscape for victims who once suffered in silence.

Victims of domestic violence, dating violence, sexual assault and stalking have been able to access services, and a new generation of families and justice system professionals have come to understand that domestic violence, dating violence, sexual assault and stalking are crimes that our society will not tolerate.

http://www.tribal-institute.org/lists/vaiw.htm

Violence Against Women Act (VAWA 2013) Implementation Update: Special Domestic Violence Criminal Jurisdiction

Violence Against Women Act (VAWA) 2013 and the Tulalip Tribes Jurisdiction over Crimes of Domestic Violence

 

U.S. Justice Department remarks:

Attorney General Loretta E. Lynch Delivers Remarks at Justice Department Event in Recognition of Domestic Violence Awareness Month

Acting Associate Attorney General Stuart F. Delery Delivers Remarks at Justice Department Event in Recognition of Domestic Violence Awareness Month

 

Resources:

Domestic Violence

Sexual Assault

Stalking

Victims of Crime

Office on Violence Against Women

 

Training and Technical Assistance Providers:

Mending the Sacred Hoop TA Project

Southwest Center for Law & Policy

Tribal Law & Policy Institute

Clan Star, Inc. (Coalition Grants)

Sacred Circle

 

Federal Agencies:

Office of Tribal Justice (OTJ)

Indian Health Service

HUD Office of Native American Programs (ONAP)

Office for Victims of Crime

OJJDP Tribal Youth Program

Office on Violence Against Women

Bureau of Indian Affairs

Bureau of Indian Affairs (BIA) Law Enforcement Services

more

 

Native Organizations:

Native American Rights Fund (NARF)

National Congress of American Indians (NCAI)

National American Indian Court Judges Association (NAICJA)

National Tribal Justice Resource Center

National Indian Child Welfare Association (NICWA)

Native American Children’s Alliance (NACA)

National American Indian Housing Council (NAIHC)

Navajo Nation Bar Association

California Indian Legal Services

Native Elder Health Care Resource Center

National Indian Child Welfare Association

more

 

Resources:

National CASA Association

Drug Court Clearinghouse

National Indian Law Library

Child Welfare League of America

National Children’s Alliance
Lisa Mitten’s Native American Sites
Native Web

DV Groups 1 Futures Without Violence

Violence Against Women

http://www.niwhrc.com/Violence-Against-Women

 

University of Miami Law School Institutional Repository

University of Miami Race & Social Justice Law Review 7-1-2013

‘House Republicans Add Insult To Native Women’s Injury’ By Ryan Devreskracht

http://repository.law.miami.edu/cgi/viewcontent.cgi?article=1015&context=umrsjlr

 

A Guide to Understanding the Requirements of Purpose Area #5 Violence Against Women Tribal (OVW) Tribal Governments Program) Fiscal Year 2016 Coordinated Tribal Assistance

Contact Info: Call The Office on Violence Against Women Tribal Affairs Division at 202-307-6026.

Fiscal Year 2016 Coordinated Tribal Assistance Solicitation.

Copy of the official solicitation may be obtained at:

http://www.justice.gov/tribal/grants.html

https://www.justice.gov/tribal/file/796091/download

 

DV Groups 14 Indian Health Service

Indian Health Service

www.ihs.gov/dvpi/resources

Break the Cycle: Empowering Youth to End Domestic Violence

Downloadable resources

Intimate Partner Violence (IPV) Screening: Fact Sheet and Resources

The National Health Resource Center on Domestic Violence (888-792-2873)

DV Groups 1 Futures Without Violence

Futures without Violence website

The National Indigenous Women’s Resource Center, Inc. (NIWRC) (855-649-7299)

The National Resource Center on Domestic Violence (NRCDV) (800-537-2238)

The NRCDV’s VAWnet

U.S. Department of Justice Office on Violence Against Women (OVW)

The Centers for Disease Control and Prevention’s Violence Prevention page

 

The Truth Out Organization – an important group

www.truth-out.org/opinion/item/25230-a-national-disgrace-violence-against-native-women

DV Groups 2 Ntl Congress Of Amerticans Indians

National Congress Of Americans Indians

www.ncai.org/attachments/PolicyPaper_tWAjznFslemhAffZgNGzHUqIWMRPkCDjpFtxeKEUVKjubxfpGYK_Policy%20Insights%20Brief_VAWA_020613.pdf

http://files.ncai.org/broadcasts/2013/February/VAWA%20toolkit_013113%20(2).pdf

Violence Against Women in Indian Country

Tribal Coalitions Program

Coordinated Tribal Assistance Solicitation (CTAS)

www.justice.gov/ovw/tribal-communities

DV Groups 4 Indian Law Resource Center

DV Groups 3 Indian Law Resource Center

The Indian Law Resource Center

http://indianlaw.org/issue/ending-violence-against-native-women

http://indianlaw.org/safewomen/violence-against-native-women-gaining-global-attention

 

At Last, Violence Against Women Act Lets Tribes Prosecute Non-Native Domestic Abusers: 3/6/2015 by Jennifer Bendery White House and congressional reporter, The Huffington Post

www.huffingtonpost.com/2015/03/06/vawa-native-americans_n_6819526.html

DV Groups 1 Futures Without Violence

Futures without Violence

www.futureswithoutviolence.org/userfiles/file/Violence%20Against%20AI%20AN%20Women%20Fact%20Sheet.pdf

DV Groups 6 Mending the Sacred Hoop

Sacred Circle – M ending The Sacred Hoop

Violence Against Native Women Fact Sheet

From: American Indians and Crime Report, Homicide and Suicide Among Native Americans

http://mshoop.org

http://mshoop.org/brochures-pdf/VAIWFact%20Sheet.pdf

DV Groups 5 Amnesty Intl Maze of Injustice Report Tribal Domestic Violence

Maze of Injustice: A Summary of Amnesty International’s Findings

www.amnestyusa.org/our-work/issues/women-s-rights/violence-against-women/maze-of-injustice

http://mshoop.org/

http://www.amnestyusa.org/pdfs/MazeOfInjustice.pdf

DV Groups 7  6 UNM Report To NM Legisl. Tribal Domestic Violence

The University of Mew Mexico – School of Medicine: Health Sciences Center Report on Indigenous/Native American/Tribal Domestic Violence

Combating Violence Against Indian Women and Children: Facts, Figures, and Resources

A Presentation to the New Mexico Legislature Indian Affairs Committee (Interim)

By Tassy Parker, PhD, RN

Associate Professor, Family and Community Medicine

Director, Center for Native American Health

Assistant Dean, Office of Academic Affairs

https://www.nmlegis.gov/lcs/handouts/IAC%20083012%20-%20Domestic%20Violence%20CNAH.pdf

DV Groups 8 Sacred Circle Fighting Tribal Domestic Violence

Sacred Circle, National Resource Center to End Violence Against Native Women

Tribes and tribal organizations are invited to contact Sacred Circle about their specific needs.

DV Groups 12 Sacred Circle Fighting Tribal Domestic Violence

 

Sacred Circle

722 St. Joseph Street

Rapid City, SD 57701

 

1-877-RED-ROAD or 1-877-733-7623 (toll free call)

(605) 341-2472 (fax)

scircle@sacred-circle.com

www.ncdsv.org/images/SacredCirclebrochure.pdf

 

 

October 6th. 2015 panel presentation on Implementing VAWA 2013: Special Domestic Violence Criminal Jurisdiction

The U. S. Department of Justice held a Domestic Violence Awareness Month event on October 6, 2015 which featured a panel discussion with representatives from the Pascua Yaqui Tribe of Arizona and the Tulalip Tribes of Washington.

On March 7, 2013, President Obama signed the Violence Against Women Reauthorization Act of 2013 (VAWA 2013) into law.

www.tribal-institute.org/lists/vaiw.htm

——-

Related links and info about cases in the U.S. District Court Western District of Michigan

——-

Beth LaCosse, Federal, U.S. Public Defender Marquette, MI (1)

Assistant U.S. Public Defender Elizabeth A. LaCosse

Elizabeth A. LaCosse
Federal Public Defender – Marquette
925 W Washington, Ste. 104
Marquette, MI 49855

(906) 226-3050
(906) 273-0070 (fax)

beth_lacosse@fd.org

——-

U.S. Attorney Patrick Miles West MI

Patrick A. Miles, United States Attorney for the Western District of Michigan, headquarter in Grand Rapids, MI – where there are numerous violent cases involving automatic weapons, machine guns and more.

 

Federal Prosecutors in Marquette have the go ahead to put habitual tribal domestic violence offenders in prison from Michigan Western District U.S. Attorney General Patrick A. Miles.

Pictured above are, from left, are Miles, and Marquette Asst. U.S. Attorneys Hannah Bobee and Paul Lochner  They are not putting up with habitual offenders who regularly beat, strangle and seriously hurt their partner or others  on tribal lands

Cracking Down of Tribal Domestic Violence

U.S. Attorney for the Western District of Michigan Patrick Miles, Jr. was nominated by President Barack Obama on March 29, 2012 to serve as U.S. Attorney for the Western District of Michigan. He was confirmed by the United States Senate on June 29, 2012 and assumed office on July 9, 2012.

Offices of the United States Attorney (federal prosecutor) for the Western District of Michigan

Grand Rapids, MI HQ

616-456-2404

Marquette, MI HQ

906-226-2500

Lansing, MI HQ

517-377-1577

www.miwd.uscourts.gov

https://www.justice.gov/usao-wdmi/meet-us-attorney

https://www.justice.gov/usao-wdmi

https://www.justice.gov/usao-wdmi/victim-and-witness-assistance-program

https://www.justice.gov/usao-wdmi/current-us-attorneys-office-openings

https://www.justice.gov/usao-wdmi/criminal-division

www.judicialwatch.org/document-archive/allan-r-edgar-financial-disclosure-report-for-2003

June 24, 2016:

Former Upper Peninsula Teacher Sentenced For Sexual Exploitation Of Children

https://www.justice.gov/usao-wdmi/pr

https://www.justice.gov/usao-wdmi/violent-crime-reduction-task-force-initiative

Making sure that victims of federal crimes are treated with compassion, fairness and respect

https://www.justice.gov/usao-wdmi/victim-and-witness-assistance-program

 

The Attorney General’s Smart On Crime Initiative

Western District of Michigan

Smart on Crime Action Plan 2014-2016

https://www.justice.gov/sites/default/files/usao-wdmi/pages/attachments/2015/04/10/wdmi_smartoncrime_actionplan.pdf

 

Project Safe Childhood

https://www.justice.gov/usao-wdmi/project-safe-childhood

 

Violent Crime Reduction Task Force Initiative

https://www.justice.gov/usao-wdmi/violent-crime-reduction-task-force-initiative

 

Giving Back to the Community through a variety of venues and initiatives

https://www.justice.gov/usao-wdmi/community-outreach

 

Marquette Federal Prosecutors

U.S. Attorney’s Office

Citizens Bank Building, 2nd Fl.

1930 US 41 W

Marquette, MI 49855

 

Asst. U.S. Attorney Hannah Bobee

(906) 226-2500

Hannah.Bobee@usdoj.gov

She is native American and and an enrolled member of the Sault Ste. Marie Tribe of Chippewa Indians

www.rosettelaw.com/attorney-bio-bobee.html

www.justice.gov/dea/divisions/det/2013/det061913.shtml

www.leadershipdirectories.com/profiles/Hannah-Bobee-Assistant-US-Attorney-Marquette-%28MI%29-Office-.htm

 

Assistant U.S. Attorney Paul Lochner

(906) 226-2500

Email: paul.lochner@usdoj.gov

 

Asst. U.S. Attorney Maarten Vermaat

(906) 226-2500

Maarten.Vermaat@usdoj.gov

www.justice.gov/usao/miw/news/2012/2012_0525_VProtasoff.html

www.foxnews.com/entertainment/2010/07/12/attorney-actor-john-stamos-fling-year-old-student/

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The Honorable R. Allan Edgar by David Laprad, Hamilton County Herald

Photo of Judge R. Allan Edgar by David Laprad, Hamilton County Herald

Judge R. Allan Edgar

Federal Judge R. Allan Edgar

U.S. District Court Judge R. Allan Edgar

U.S. District Court Western District of Michigan

P.O. Box 698
Marquette MI 49855

Office Phone: (906) 226-2084
Case Manager: (906) 226-2084

www.miwd.uscourts.gov/content/judge-r-allan-edgar

Judge R. Allan Edgar

A Marquette native, Edgar spent most of his career in Tennessee, first an attorney and then elected to the Tennessee House of Representatives. President Ronald Reagan appointed Edgar as a U.S. District judge in 1985.

His parents me at the Civilian Conservation Corps camp in Big Bay, MI.

Until age 13, Edgar lived as a child on West Magnetic Street in Marquette, MI

The family moved in 1953 when his his father got job in Tennessee.

The future Judge Edgar still spent summers in the U.P. with his grandparents and worked a summer job out at the exclusive Huron Mountain Club in Big Bay, MI.

Photo of Judge R. Allan Edgar by David Laprad, Hamilton County Herald

www.hamiltoncountyherald.com/Story.aspx?id=1210&date=4%2F16%2F2010

www.miningjournal.net/page/content.detail/id/564345/Home-again–Judge-has-U-P–roots.html?nav=5006

https://en.wikipedia.org/wiki/Robert_Allan_Edgar

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Court Reporter Sandy Larson

Case Manager C.A. Moore

U.S. Magistrate Judge Timothy P. Greeley

U.S. Probation Officer Matthew Luce

——-

U.S. Magistrate Judge Timothy P. Greeley

U.S. Magistrate Judge Timothy P. Greeley

www.nmu.edu/criminaljustice/node/75

http://abc10up.com/greeley-reappointed-u-s-magistrate-judge

www.nmu.edu/criminaljustice/node/135

www.miwd.uscourts.gov/content/magistrate-judge-timothy-p-greeley

www.historyforsale.com/html/prodetails.asp?documentid=175357&start=1&page=92

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Upper Peninsula Breaking News

Greg Peterson

News Director, Owner

Upper Peninsula Breaking News

UpperPeninsulaBreakingNews@gmail.com

906-204-2249 (hm)

906-204-0848 (cell)

www.UPBreakingNews.com

https://twitter.com/UPBreakingNews

https://www.facebook.com/UpperPeninsulaBreakingNews

https://www.youtube.com/UPBreakingNews

U.P. Breaking News Exclusive: Suffering Selfie – Detroit native who ‘grew up in the hood’ gets six years in federal prison for taking a ‘Selfie’ – The problem? He is a convicted felon!!

The “Selfie” that sent a man to prison – Millions of selfies are taken daily across the world – But when will convicted felons learn not to pose with a gun?

2016 Mqt Fed Crt Sentencings Judge last day 6-22-16 by Greg Peterson (30)2016 Mqt Fed Crt Sentencings Judge last day 6-22-16 by Greg Peterson (29)

Grew up in the Hood
Convicted felon Montdesze Antonio Johnson, 31, was surrounded by drugs and “grew up in the hood,” in Detroit, MI, according to his defense attorney – Assistant U.S. Public Defender Elizabeth A. LaCosse

By Greg Peterson

News Director, Owner

Upper Peninsula Breaking News

2016 Mqt Fed Crt Sentencings Judge last day 6-22-16 by Greg Peterson (31)(Marquette, MI) – It may be the costliest selfie ever taken in Michigan’s Upper Peninsula – a place where selfies are common thanks to summer tourists visiting the beautiful wilderness and Lake Superior.

Convicted felon Montdesze Antonio Johnson, 31, took a “picture on his phone” holding a pistol – and that selfie has put him in federal prison.

Johnson got almost 6 years in prison but that’s a lot better than the maximum sentence of 10 years.

2016 Mqt Fed Crt Sentencings Judge last day 6-22-16 by Greg Peterson (28)

U.S. Marshals escort Montdesze Johnson into federal court in Marquette, MI on June 22, 2015 for sentencing.  Photo by Greg Peterson

In an effort to possibly elicit leniency from the judge, Johnson’s defense attorney immediately tried to set the sympathy bar very low using the “P” card or maybe the “H” card.

Poverty stricken and “growing up around drugs” in the Detroit area, Johnson grew up “basically in the hood,” said Assistant U.S. Public Defender Elizabeth A. LaCosse. “He had a lot of issues growing up – he can be rehabilitated.”

The gun has not been found and “nobody saw him with the gun,” LaCosse said. The owner “showed off the gun to my client and Ms. Flaska” adding before it disappeared the gun was in a case and stored in a shed.

Johnson was was sentenced to nearly six years in federal prison for taking a selfie – the only problem is he was holding a pistol. If you have a felony record – like carjacking – you can’t possess a gun – ever – not for any reason.

The selfie might not seem like that big of a deal, however prosecutors say Johnson has a long history of getting into trouble – like convictions on two counts of carjacking.

2016 Mqt Fed Crt Sentencings Judge last day 6-22-16 by Greg Peterson (117)

Johnson has “quite a record,” U.S. District Court Judge R. Allan Edgar, adding the reason Johnson must be put in prison for public protection.

Johnson grew up around poverty and drugs, LaCosse said, adding he started abusing marijuana and alcohol at age 12.

The theft of cars and carjacking are not crimes that can easily be explained away, prosecutors said.

It’s not like he stole bags of potato chips or packs of gum – cars are a big deal in America,” said Asst. U.S. Attorney Maarten Vermaat. “This is a big deal.”

It’s not like he stole bags of potato chips or packs of gum – cars are a big deal in America,” said Asst. U.S. Attorney Maarten Vermaat. “This is a big deal.”

Before sentencing, Johnson apologized and said he had “no excuses.”

I apologize to the court,” Johnson said.

Johnson said he’d “made better decisions” and described himself as “very impulsive.”

Last week (June 22, 2016) in Marquette, federal Judge R. Allan Edgar sentenced Johnson to 70 months in federal prison and that equals five years and 10 months. After serving his federal prison sentence, Johnson will be under three years supervised release.

Under a plea agreement with prosecutors, Johnson pleaded guilty to count one of the two-count indictment returned on Dec. 15. 2015 by a federal grand jury sitting in Marquette. The judge dismissed count two of the indictment possession of a stolen firearm.

Johnson admitted being a “felon in possession of a firearm.” The charge carries a maximum sentence of 10 years in prison and a $250,000 fine.

The gun at issue is the Canik Model TP9SA 9mm semiautomatic Luger pistol – described as a Polymer pistol.

The incident happened in Marquette County between July 27 and Aug. 1, 2015 – and that’s the rub – this case is about a selfie.

Johnson has been in trouble with the law on previous occasions:

2016 Mqt Fed Crt Sentencings Judge last day 6-22-16 by Greg Peterson (74)

On Line Mug shots

Judge Dennis H. Girard gave a 90-day jail sentence on June 29, 2015 to 30-year-old Montdesze Antonio Johnson of 2019 Longyear Ave in Marquette, MI on a state misdemeanor charge of larceny between $200-1,000 – and was given credit for 14 days serve and ordered to pay nearly $1,222 in costs/fines – that according to a news brief in the Mining Journal on Sept. 29, 2015 that listed June 2015 sentencings in district court.

Montdesze Antonio Johnson was booked into the Macomb County, MI jail near Detroit on April 18, 2006, according to MobileMugs.com – that analyzed Public Records from the Michigan Department of Corrections.

The felony information associated with this charge alleged that, on October 22, 2005, in Macomb County, MI:

Sent Memorandum  Montdesze Antonio Johnson Mccomb conviction 1

Johnson entered a guilty plea on March 1, 2006, and sentenced to 4 to 20 years in prison on April 18, 2006.

On Valentines Day 2006 then 20-year-old Montdesze Antonio Johnson was arrested in Lansing, MI on numerous felonies including conspiracy to commit car jacking, car jacking, Third-degree fleeing from a police officer, and attempted car theft “receiving and concealing stolen property,” according to the website MugShotsOnline.com

——-

The Canik Model TP9SA 9mm semiautomatic pistol:
Gun collage

Guilty plea:

Count 1: Felon in possession of a firearm  – involving the Canik Model TP9SA 9mm semiautomatic pistol:

July 27 – Aug. 28, 2015

Marquette County

Dismissed:

Count 2: Possession of a stolen firearm

Aug. 6 – Aug. 28, 2015

Marquette County

——-

Related links and info about cases in the U.S. District Court Western District of Michigan

——-

Prior crimes of Montdesze Antonio Johnson like carjacking and larceny:

1: Marquette District Court Judge Dennis H. Girard gave a 90-day jail sentence on June 29, 2015 to 30-year-old Montdesze Antonio Johnson of 2019 Longyear Ave in Marquette, MI on a state misdemeanor charge of larceny between $200-1,000 – and was given credit for 14 days serve and ordered to pay nearly $1,222 in costs/fines – that according to a brief in the Mining Journal on Sept. 29, 2015 that listed June 2015 sentencings in district court.

2. Montdesze Antonio Johnson was booked into the Macomb County, MI jail near Detroit on April 18, 2006, according to MobileMugs – that analyzed Public Records from the Michigan Department of Corrections.

3. The felony information associated with this charge alleged that, on October 22, 2005, in Macomb County, MI, Defendant:

Sent Memorandum  Montdesze Antonio Johnson Mccomb conviction 1

Johnson entered a guilty plea on March 1, 2006, and sentenced to 4 to 20 years in prison on April 18, 2006.

3. On Valentines Day 2006 a then 20-year-old Montdesze Antonio Johnson was arrested in Lansing, MI on numerous felonies including conspiracy to commit car jacking, car jacking, Third-degree fleeing from a police officer, and attempted car theft “receiving and concealing stolen property,” according to the website MugShotsOnline.com

https://www.usinquirer.com/records/15040000

http://mugshots.mobi/michigan/macomb-county/15040000

http://www.mugshotsonline.com/michigan/lansing/montdesze-antonio-johnson/153615831

http://www.miningjournal.net/page/content.detail/id/626868/Courts.html?nav=5204

http://www.leagle.com/decision/In%20FDCO%2020160412A92/U.S.%20v.%20JOHNSON

http://www.leagle.com/decision/In%20FDCO%2020160412A91/U.S.%20v.%20JOHNSON

——-

Selfie from the modern knowledge source – All of the interesting info below on all angles of “selfies” is from Wikipedia:

https://en.wikipedia.org/wiki/Selfie

  • Robert Cornelius, an American pioneer in photography, produced a daguerreotype of himself in 1839 which is also one of the first photographs of a person.
  • Russian Grand Duchess Anastasia Nikolaevna at the age of 13 was one of the first teenagers to take her own picture using a mirror to send to a friend in 1914. In the letter that accompanied the photograph, she wrote, “I took this picture of myself looking at the mirror. It was very hard as my hands were trembling.”
  • Illustration of a modern selfie performed in 1997 The Fifth Element movie: The first known depiction of the modern selfie is found in the 1997 Luc Besson futuristic movie The Fifth Element when a crew member of the talk-show host Ruby Rhod (Chris Tucker) takes a photograph of himself alongside the main character Korben Dallas (Bruce Willis).
  • In 2015 it was reported that more people had been killed taking selfies that year than by shark attacks. A 2015 study showed that 20% of young Britons had taken selfies while driving a car.
  • The Italian chief of state police expressed concern over the same phenomenon in Italy on the occasion of the launch of a short film with the title “Selfie.”
  • In 2016 the behavior of an Argentinian crowd seeking a selfie with a La Plata dolphin was held responsible for its death.
  • The first use of the word selfie in any paper or electronic medium appeared in an Australian internet forum September 13, 2002. In Karl Kruszelnicki‘s ‘Dr Karl Self-Serve Science Forum‘, a post by Nathan Hope stated:

Um, drunk at a mates 21st, I tripped ofer (sic) and landed lip first (with front teeth coming a very close second) on a set of steps. I had a hole about 1cm long right through my bottom lip. And sorry about the focus, it was a selfie.

——-

Da meaning of “Selfie by those who think a lot:

Oxford says it is a noun – the plural (of course) is “selfies.” Notice the Oxford warning or opinion in description

Informal meaning: A photograph that one has taken of oneself, typically one taken with a smartphone or webcam and shared via social media: occasional selfies are acceptable, but posting a new picture of yourself every day isn’t necessary

http://www.oxforddictionaries.com/definition/english/selfie

What a story folks: “The Murky Meaning of the Killer Selfie” by Avi Steinberg Dec. 11, 2015
http://www.nytimes.com/2015/12/11/magazine/the-murky-meaning-of-the-killer-selfie.html?_r=0

Even Babynology.com is asking its readers to give the meaning to the word (used as a name) “Selfie” for a newborn

http://www.babynology.com/meaning-selfie-f6.html

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Canik Model TP9SA 9mm semiautomatic pistol 1A Polymer Pistol: Canik Model TP9SA 9mm semiautomatic Luger pistol

One expert called the pistol: Striker-fired, polymer-framed full size 9mm pistol that’s essentially a Turkish-made knock-off of the Walther P99

Another expert said: Organized in form-fitting foam, you’ll find the TP9SA inside a SERPA-style retention holster with two different belt attachments. The pistol has a GLOCK-like magazine loading tool, and two magazines.

https://www.youtube.com/watch?v=kTaXe2uwKww

http://www.academy.com/shop/pdp/century-tp9sa-9mm-luger-semiautomatic-pistol

http://www.guns.com/review/the-tp9sa-is-built-of-steel-polymer-and-black-magic-video/

http://www.handgunsmag.com/reviews/polymer-pistol-showdown-glock-17-vs-canik-tp9sa

http://www.luckygunner.com/lounge/canik-tp9-sa-budget-9mm-torture-test/

http://www.thetruthaboutguns.com/2015/06/jeremy-s/gun-review-canik-tp9sa

 

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U.S. Magistrate Judge Timothy P. GreeleyU.S. Magistrate Judge Timothy P. Greeley

www.nmu.edu/criminaljustice/node/75

http://abc10up.com/greeley-reappointed-u-s-magistrate-judge

www.nmu.edu/criminaljustice/node/135

www.miwd.uscourts.gov/content/magistrate-judge-timothy-p-greeley

http://www.historyforsale.com/html/prodetails.asp?documentid=175357&start=1&page=92


——-

Beth LaCosse, Federal, U.S. Public Defender Marquette, MI (4)
Assistant U.S. Public Defender Elizabeth A. LaCosse
Elizabeth A. LaCosse
Federal Public Defender – Marquette
925 W Washington, Ste. 104
Marquette, MI 49855

(906) 226-3050
(906) 273-0070 (fax)
beth_lacosse@fd.org

——-


Federal Prosecutors:

U.S. Attorney for the Western District Michigan logo

U.S. Attorney Patrick Miles West MI

Patrick Miles, United States Attorney for the Western District of Michigan

Patrick Miles, Jr. was nominated by President Barack Obama on March 29, 2012 to serve as U.S. Attorney for the Western District of Michigan. He was confirmed by the United States Senate on June 29, 2012 and assumed office on July 9, 2012.>

https://www.justice.gov/usao-wdmi/meet-us-attorney

https://www.justice.gov/usao-wdmi

https://www.justice.gov/usao-wdmi/victim-and-witness-assistance-program

https://www.justice.gov/usao-wdmi/current-us-attorneys-office-openings

https://www.justice.gov/usao-wdmi/criminal-division

www.miwd.uscourts.gov

www.judicialwatch.org/document-archive/allan-r-edgar-financial-disclosure-report-for-2003

 

June 24, 2016:

Former Upper Peninsula Teacher Sentenced For Sexual Exploitation Of Children

https://www.justice.gov/usao-wdmi/pr

https://www.justice.gov/usao-wdmi/violent-crime-reduction-task-force-initiative

Making sure that victims of federal crimes are treated with compassion, fairness and respect

https://www.justice.gov/usao-wdmi/victim-and-witness-assistance-program

The Attorney General’s Smart On Crime Initiative: Western District of Michigan Smart on Crime Action Plan 2014-2016

https://www.justice.gov/sites/default/files/usao-wdmi/pages/attachments/2015/04/10/wdmi_smartoncrime_actionplan.pdf

Project Safe Childhood

https://www.justice.gov/usao-wdmi/project-safe-childhood

Violent Crime Reduction Task Force Initiative

https://www.justice.gov/usao-wdmi/violent-crime-reduction-task-force-initiative

Giving Back to the Community through a variety of venues and initiatives

https://www.justice.gov/usao-wdmi/community-outreach

U.S. District Court for the Western District Michigan in Marquette. Photo creative commons by Greg Peterson

United States Attorney for the Western District of Michigan

Marquette Federal Prosecutors

U.S. Attorney’s Office

Citizens Bank Building, 2nd Fl.

1930 US 41 W

Marquette, MI 49855

Asst. U.S. Attorney Lochner (7)croppedAssistant U.S. Attorney Paul Lochner

(906) 226-2500

Email: paul.lochner@usdoj.gov

 

Asst. U.S. Attorney Maarten Vermaat

(906) 226-2500

Maarten.Vermaat@usdoj.gov

www.justice.gov/usao/miw/news/2012/2012_0525_VProtasoff.html

www.foxnews.com/entertainment/2010/07/12/attorney-actor-john-stamos-fling-year-old-student/

Asst. U.S. Attorney Hannah Bobee, Lochner (9)Asst. U.S. Attorney Hannah Bobee

(906) 226-2500

Hannah.Bobee@usdoj.gov

She is native American and and an enrolled member of the Sault Ste. Marie Tribe of Chippewa Indians

www.rosettelaw.com/attorney-bio-bobee.html

www.justice.gov/dea/divisions/det/2013/det061913.shtml

www.leadershipdirectories.com/profiles/Hannah-Bobee-Assistant-US-Attorney-Marquette-%28MI%29-Office-.htm

——-

Judge R. Allan Edgar

Federal Judge R. Allan Edgar

U.S. District Court Judge R. Allan Edgar

U.S. District Court Western District of Michigan

P.O. Box 698
Marquette, MI 49855

Office Phone: (906) 226-2084
Case Manager: (906) 226-2084

www.miwd.uscourts.gov/content/judge-r-allan-edgar

The Honorable R. Allan Edgar by David Laprad, Hamilton County Herald

Judge R. Allan Edgar

A Marquette native, Edgar spent most of his career in Tennessee, first an attorney and then elected to the Tennessee House of Representatives. President Ronald Reagan appointed Edgar as a U.S. District judge in 1985.

His parents me at the Civilian Conservation Corps camp in Big Bay, MI.

Until age 13, Edgar lived as a child on West Magnetic Street in Marquette, MI.

The family moved in 1953 when his his father got job in Tennessee.

The future Judge Edgar still spent summers in the U.P. with his grandparents and worked a summer job out at the exclusive Huron Mountain Club in Big Bay, MI.

Photo of Judge R. Allan Edgar by David Laprad, Hamilton County Herald

www.hamiltoncountyherald.com/Story.aspx?id=1210&date=4%2F16%2F2010

www.miningjournal.net/page/content.detail/id/564345/Home-again–Judge-has-U-P–roots.html?nav=5006

https://en.wikipedia.org/wiki/Robert_Allan_Edgar

——-

Court Reporter Sandy Larson

Case Manager C.A. Moore

U.S. Magistrate Judge Timothy P. Greeley

U.S. Probation Officer Matthew Luce

——-

Upper Peninsula Breaking News

Greg Peterson

News Director, Owner

Upper Peninsula Breaking News

UpperPeninsulaBreakingNews@gmail.com

906-204-2249 (hm)

906-204-0848 (cell)

www.UPBreakingNews.com

https://twitter.com/UPBreakingNews

https://www.facebook.com/UpperPeninsulaBreakingNews

https://www.youtube.com/UPBreakingNews

 

U.P. Breaking News Exclusive: Federal judge declares U.P. infested with drugs like cancer; First guilty pleas in massive heroin/crack pipeline from Detroit to U.P.

Drugs in Detroit are being spread like a cancer here in the U.P.,” said U.S. District Court Judge R. Allan Edgar, who was presiding over his final sentencings before retirement. “There is really no excuse for it.”

youtube:

By Greg Peterson
News Director, Owner

Upper Peninsula Breaking News

**See the federal court documents including emotional letters to the judge from friends/relatives of one of the three who were sent to prison Stephanie Rae Hatch

(Marquette, MI) – A large heroin and crack cocaine pipeline from Detroit to the Upper Peninsula is being dismantled by federal prosecutors who oversaw the sentencing of three co-conspirators last week (June 22, 2016) and there are huge hints that more criminal charges and indictments are expected against others in the drug trafficking organization that can be violent.

The Honorable R. Allan Edgar by David Laprad, Hamilton County HeraldDrugs in Detroit are being spread like a cancer here in the U.P.,” said U.S. District Court Judge R. Allan Edgar, who was presiding over his final sentencings before retirement. “There is really no excuse for it.

“Today we are dealing with the Houghton branch of the conspiracy,” the judge said, noting that the kingpin of the conspiracy was also bringing “heroin and crack cocaine to Escanaba.”

Federal prosecutor Paul Lochner said the cases are important to the U.P. because the cycles brought by highly addictive drugs have left a “wrath of social problems” on Yooper and national doorsteps – like meth, heroin and cocaine.

2016 Mqt Fed Crt Sentencings Judge last day 6-22-16 by Greg Peterson cropEven though the nickname of a Detroit drug baron and his wife were brought up several times during the sentencings, one federal official pleaded with U.P. Breaking News not to use the name because “lives are at stake” and suggested a temporary pseudonym be used in news coverage.

The kingpin is “good about hiding facts of the conspiracy” from each employee, federal officials said.

For the purposes of this story only and to protect lives, U.P. Breaking News will use the pseudonyms “Mr. Drug Kingpin” and “Mrs. Drug Kingpin.”

Drugs in Detroit are being spread like a cancer here in the U.P.,” said U.S. District Court Judge R. Allan Edgar, who was presiding over his final sentencings before retirement. “There is really no excuse for it.

Federal Judge R. Allen Edgar handed out these sentences:

  • Damon Ramone Belcher, a.k.a. defendant “D” received 46 months or three years and 10 months in federal prison

  • Corrie Venta Ruth, a.k.a. defendant “C” was sentenced to 41 months or three years and five months in federal prison

  • Stephanie Rae Hatch sentenced to 33 months or two years and nine months in federal prison

All were interviewed and officially arrested by Upper Peninsula Substance Enforcement Team (UPSET) agent Ron Koski in Houghton, MI

The three sentencing were each handled separately. But had several uncommon ties – sidebars.

In a rare event during sentencing, an official sidebar with the judge was requested by prosecutors and defense attorneys with their clients at their side. Sidebars are common during trials and sometimes pretrial hearings but rarely during sentencing.

Just to make sure no-one could hear what was being said, federal court officials turned on a white noise machine.

At issue is a major federal investigation into the Detroit to the U.P. of a heroin and crack cocaine pipeline – and high level trafficking of drugs in others areas.

Cooperating witnesses lives may be in jeopardy.

Asst. U.S. Attorney Hannah Bobee, Lochner (7)

Federal Prosecutors in Marquette, MI: Asst. U.S. Attorney Hannah Bobee, left, and Asst. U.S. Attorney Paul Lochner, right.

Federal Prosecutor Paul Lochner painted Ruth as one of “multiple bagmen” in the organization and all said all three were in the game because of greed – “trying to make money.”

Lochner said he hopes the prison sentences will be a “deterrent” and send the message to would-be drug couriers that “easy money is not the answer.”

“It’s a dumb decision,” Lochner said. “The answer isn’t selling narcotics.”

Damon Ramone Belcher and Corrie Venta Ruth were indicted on two counts each of felony “distribution of heroin.”

On Nov. 18, 2015 in Houghton and Lake Linden, Belcher and Ruth “knowingly and intentionally distributed heroin, and aided and abetted the distribution of heroin,” the indictments state.

The defendants and their lawyer ask for leniency:

During each sentencing, Assistant U.S. Public Defender Elizabeth A. LaCosse tried to paint her clients in the best possible light and pleaded for leniency because their respective roles were minor compared to others being investigated in the coke-heroin pipeline.

Beth LaCosse, Federal, U.S. Public Defender Marquette, MI (1)LaCosse argue that in federal sentencing guidelines there have long been “powder and crack cocaine disparities” in sentencing – that the judge noted was important because crack is much more addictive and powerful – the cooked base of powdered cocaine.

LaCosse reminded the judge about recently changed sentencing guidelines set by the United States Sentencing Commission and that the judge has the discretion to give a prison term appropriate for each person’s involvement in the conspiracy that take into consideration the actual drug weights of involving each defendant.

The judge said he sentenced all three on the “low end” of the federal sentencing guidelines because of their cooperation and relatively minor roles in the conspiracy.

Beth LaCosse, Federal, U.S. Public Defender Marquette, MI (5)However, Public Defender LaCosse asked the judge to consider an even lower departure because future sentencing commission edicts are expected to give judges even more desecration, but the retiring judge appeared uninterested in reading the tea leaves.

Saying I am a lowly judge, the Judge Edgar said he was going to “administer the guidelines as given” and issues raised by LaCosse are “questions for the sentencing commission to decide.”

After the heart-wrenching information offered by the defense, Assistant U.S. Attorney Paul D. Lochner reminded the judge that the cases are the latest example of the misery brought by drug traffickers in the U.P. – where an untold number of Yoopers are addicted.

Belcher special 1

Damon Ramone Belcher received 46 months or three years and 10 months in federal prison. Video still by Greg Peterson

Damon Ramone Belcher:

With the holidays approaching, Belcher needed “Christmas money” and made a dumb decision.

“He was unemployed” and desperate so Belcher “went back into crime,” said LaCosse, the court-appointed federal defense attorney.

LaCosse argued Belcher’s case is a “unique situation” because he was involved for only “14 days.”

Belcher “was hired (in Detroit) to sit on the bag” of cocaine and heroin as it was transported to the Houghton area by unnamed female conspirators, LaCosse said. Belcher “had no proprietary interest in the conspiracy.”

Belcher special 2

Damon Ramone Belcher received 46 months or three years and 10 months in federal prison. Video still by Greg Peterson

The judge described Belcher as an “enforcer” with a “limited function.” LaCosse described Belcher as “hired help” at the “bottom rung” of the drug pipeline.

“This is a bigger conspiracy” that could involve “all of the U.P.,” LaCosse said. Belcher is not “aware of subsections of the conspiracy.”

LaCosse argued that it wasn’t Belcher “did not transport drugs into the U.P.” However Judge Edgar said Belcher knew about the drugs in the vehicle and his job was to “accompany a female who was carrying drugs” often stashed in private places on their bodies.

“Two weeks and a $10,000 wire transfer” was the entirety of Belcher’s involvement, LaCosse said.

“He is not friends with all these people” involved in the heroin and cocaine conspiracy,” LaCosse said.

LaCosse said Belcher’s family depends on him and that he has taken “ownership (of his crime) and has learned responsibility.”

Belcher has a “mass on his colon” and may “require surgery in the near future,” LaCosse said.

Speaking to the judge before his sentence, Belcher said “I accept full responsibility – I did participate in the conspiracy.”

“I made a bad decision,” Belcher said. “I hope the Court shows some leniency.”

“I accept that what I did was wrong,” Belcher said.

Asst. U.S. Attorney Lochner (7)croppedProsecutor Lochner said Belcher was “only being held responsible for the drugs he was involved with” and the bottom line is Belcher was “hired to come to the U.P. to sell cocaine Houghton.”

“A job he was doing well,” Lochner said. Heroin, cocaine, meth, painkillers (opioids), and other drugs that are being driven into the U.P. are “very addictive and very damaging” to the addict and the community.

Lochner said Belcher may claim he was after Christmas money but was the muscle in a smuggling ring – even if for a brief period..

Locking up people like Belcher and the others in the conspiracy serves “as a deterrent,” Lockner said.

Mr. Belcher should “consider people in Houghton who were fed coke (cocaine) by people like yourself.”

Oxy graphic

Woman smokes marijuana pipe http://www.psypost.org Photo credit: Jonathan Piccolo (Creative Commons)

“There has been a big spike in heroin use” in the U.P., Lochner said. From “oxycodone to heroin” the illicit drugs have been “devastating to the (U.P.) community.”

Lockner said Belcher’s “job was to make sure drugs went out and (bring) money back in.”

“They did accompany females from Detroit,” the judge said. The muscle escorting the women and drugs – like Belcher and Ruth – “were entrusted by suppliers downstate to protect the drugs,” Judge Edgar said.

The judge was not happy with Belcher’s criminal record that included “an armed robbery conviction.” Mr. Belcher got “back into criminal activity again – you were up here to make a buck,” the judge said.

As Belcher was being led away by U.S. Marshals, the judge offered a kind word.

“Good luck on your surgery,” Judge Edgar said.

Corrie Venta Ruth:

Ruth “was an idiot for trying to make quick money,” LaCosse said, adding Ruth is a “very nice person – not a street thug.”

2016 Mqt Fed Crt Sentencing Corrie Venta Ruth  6-22-16 by Greg Peterson (1)However, LaCosse said Ruth grew up in a life surrounded by criminal “recidivism.” She asked Ruth be given credit for time served as he spent two months in the Houghton County Jail before “the (federal) government took over the case.”

Ruth told the judge he apologizes for bringing and “selling drugs” in the U.P.

“I want to apologize to the court,” said Ruth, in asking the judge to show “leniency.” “I apologize to the (U.P.) community.”

“I took the stupid easy route – this is not what I planned to do with myself,” Ruth said.

LaCosse said Ruth “didn’t know where he was going” when ordered by the Drug Kingpins but “did know it involved drug sales.” Ruth was the muscle hired to protect the shipment while the driving was handled by Damon Ramone Belcher, prosecutors said.

Ruth “had no idea about (the) Escanaba” arm of the drug ring, LaCosse said.

Stephanie Rae Hatch

Hatch allowed those involved in the conspiracy to “use her residence as a place to stay and to sell heroin and cocaine base” commonly known as crack cocaine, the indictments state.

Defense Attorney Theodore Joseph Greeley from lawfirm website

Defense Attorney Theodore J. Greeley

“She was not an organizer or a leader” in the conspiracy said defense attorney Theodore Joseph Greeley, of the prominent U.P. law firm Casselman & Henderson P.C. Of Marquette.

 

Hatch was “not a decision maker” and only knew about the Houghton part of the drug ring – not the Escanaba tentacle, said defense attorney Greeley, the son of U.S. Magistrate Judge Timothy P. Greeley.

Hatch has suffered from substance abuse since childhood – or three quarters of her life – including smoking pot at age 9, drinking alcohol at age 11 and started using cocaine at age 15 – addition to other drugs, defense attorney Greeley said.

She first “had trouble with the law” at age 9, said Greeley.

Greeley argued that judge because crack cocaine is highly addictive – it is not always “cheaper.”

Hatch, Ruth special 2

Corrie Venta Ruth, left, was sentenced to 41 months or three years and five months in federal prison. Stephanie Rae Hatch, right, was sentenced to 33 months or two years and nine months in federal prison. Video still by Greg Peterson

Hatch wire transferred money from Houghton drug sales to Detroit area drug suppliers and their associates, the indictments state.

An admitted drug addict, Hatch allowed her home to be “back up house” for the conspiracy to stash and sell crack cocaine and heroin, Greeley told the judge, admitting his client sent wire transfers to the Detroit kingpins from a U.P. Walmart.

The conspiracy facilitates Houghton “drug addicts” who sometimes become dealers “trying to make money” and feed their addictions, prosecutor Lochner said in general but specifically referring to Hatch’s involvement in the conspiracy.

Lockner said once addicts can not afford their drugs “its spirals” and they sometimes sell drugs.

“Next is the sales of drugs,” Lochner said, adding “it supplies their habit – locals help out” the conspiracy.

“It is a public hazard to have her out there” in the community, said Judge Edgar.

Edgar described Hatch as a “local courier” and who “wired drug money to Detroit or someplace.”

2016 Mqt Fed Crt Sentencing Stephanie Rae Hatch  6-22-16 by Greg Peterson (26)“Her home was a staging point for sales,” Judge Edgar said. “She played a pivotal role making sure the money got down” to Mr and Mrs. Drug Kingpin.

Hatch “understood” that she and her home were “essential to the success of the operation in Houghton,” Judge Edgar said,

Unlike her co-defendants, Hatch did not make a statement to the judge prior to sentencing. Hatch’s parents and teenage daughter drove up from Grand Rapids to attend the hearing and show support for their family member.

Graphic Plea Agreements

The Plea Agreements:

Under the agreements, the trio agreed to “fully cooperate” in drug investigations including with the federal Drug Enforcement Administration (DEA) and the Upper Peninsula Substance Enforcement Team (UPSET).

Plea agreements stackedUnder an agreement with federal prosecutors, Hatch, Belcher pleaded guilty to count one – felony conspiracy to distribute and possess with intent to distribute heroin and cocaine base.

The charges carried a maximum penalty of 20 years in federal prison that has no parole but the smaller time drug runners received much lower sentences under a plea agreement with federal prosecutors.

The judge waived fines due to defendant’s “inability to pay.”

As part of the plea agreement with the trio, the judge dismissed felony counts two and three – possession with intent to distribute heroin and possession with intent to distribute cocaine base. He also dismissed felony counts four and five against Belcher and Ruth.

Evidence obtained by prosecutors included cocaine base (crack cocaine), heroin, records of wire transfers, two undercover drug buys, prerecorded buy money, cell phone data, Walmart surveillance video, drug packaging, photographs, video of interview with Hatch.

During Ruth’s sentencing, the judge asked about the role of Mrs. Drug Kingpin (and other unnamed females) in the drug network – noting Mr. Drug Kingpin “used” his wife “to protect drugs.”

The federal prosecutor picked his words carefully in describing the hiding of drugs by female couriers.

“Their role is salient,” said Assistant U.S. Attorney Paul Lochner of Marquette. “It’s unique to females – let’s leave it at that.”

The defendants “conspired, confederated, and agreed with each other, and others, known and unknown to the Grand Jury, to distribute and possess with intent to distribute heroin” according to a five-page federal grand jury indictment of the three drug runners.

The judge waived fines due to inability to pay and all were sentenced to three years supervised release after prison, a $100 special assessment and must find jobs upon release from prison perform 20-hours weekly community service.

2016 Mqt Fed Crt Sentencing Stephanie Rae Hatch  6-22-16 by Greg Peterson (26)The trio were ordered to submit to DNA testing and cannot possess firearms, drugs or alcohol, testing and treatment for substance abuse and compete the cognitive behavioral treatment program.

The three were ordered to participate in a Michigan Bureau of Prisons 500-hour residential substance abuse program.

All three were given three years supervised released – a federal form of probation. Despite entering into plea agreements, the judge reminded the trio about their legal avenues for appealing his sentence. The three must complete a “cognitive treatment program.”

They can no longer posses guns, no drugs, no alcohol, undergoing regular drug and alcohol testing, and they can not visit establishments (bars) that serve alcohol, plus attend drug abuse treatment if determined appropriate by the U.S. Probation office. After release, they must serve 20 hours of weekly community service until they find a job.

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Related links and info:

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U.S. Attorney for the Western District Michigan logo

U.S. Attorney Patrick Miles West MI

United States Attorney Patrick A. Miles, Jr.

https://www.justice.gov/usao-wdmi

U.S. District Court Western District of Michigan

PO Box 698

Marquette, MI

49885

 

906-226-2084 (Mqt office/case manager)

www.miwd.uscourts.gov

www.judicialwatch.org/document-archive/allan-r-edgar-financial-disclosure-report-for-2003

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U.S. Magistrate Judge Timothy P. Greeley

U.S. Magistrate Judge Timothy P. Greeley

www.nmu.edu/criminaljustice/node/75

http://abc10up.com/greeley-reappointed-u-s-magistrate-judge

www.nmu.edu/criminaljustice/node/135

www.miwd.uscourts.gov/content/magistrate-judge-timothy-p-greeley

www.historyforsale.com/html/prodetails.asp?documentid=175357&start=1&page=92

——-

Court appointed defense attorneys for Stephanie Rae Hatch:

Casselman & Henderson P.C.
148 W Washington St.
Marquette, MI 49855

Theodore Joseph Greeley

Sarah Emily Henderson

(906) 228-2855

(906) 228-2863 (fax)

tgreeley@casselmanandhenderson.com

shenderson@casselmanandhenderson.com

——-

Court appointed defense attorney for Damon Ramone Belcher

Assistant U.S. Public Defender Elizabeth A. LaCosse

Beth LaCosse, Federal, U.S. Public Defender Marquette, MI (1)Elizabeth A. LaCosse
Federal Public Defender – Marquette
925 W Washington, Ste. 104
Marquette, MI 49855

(906) 226-3050
(906) 273-0070 (fax)

beth_lacosse@fd.org

——-

Marquette Federal Prosecutors

U.S. Attorney’s Office

Citizens Bank Building, 2nd Fl.

1930 US 41 W

Marquette, MI 49855

Asst. U.S. Attorney Lochner (7)cropped

Assistant U.S. Attorney Paul Lochner

(906) 226-2500

Email:

paul.lochner@usdoj.gov

Asst. U.S. Attorney Maarten Vermaat

(906) 226-2500

Maarten.Vermaat@usdoj.gov

www.justice.gov/usao/miw/news/2012/2012_0525_VProtasoff.html

www.foxnews.com/entertainment/2010/07/12/attorney-actor-john-stamos-fling-year-old-student/

Asst. U.S. Attorney Hannah Bobee, Lochner (9)

Asst. U.S. Attorney Hannah Bobee

(906) 226-2500

Hannah.Bobee@usdoj.gov

She is native American and and an enrolled member of the Sault Ste. Marie Tribe of Chippewa Indians

www.rosettelaw.com/attorney-bio-bobee.html

www.justice.gov/dea/divisions/det/2013/det061913.shtml

www.leadershipdirectories.com/profiles/Hannah-Bobee-Assistant-US-Attorney-Marquette-%28MI%29-Office-.htm

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The Honorable R. Allan Edgar by David Laprad, Hamilton County HeraldFederal Judge R. Allan Edgar

U.S. District Court Judge R. Allan Edgar

U.S. District Court Western District of Michigan

P.O. Box 698
Marquette MI 49855

Office Phone: (906) 226-2084
Case Manager: (906) 226-2084

www.miwd.uscourts.gov/content/judge-r-allan-edgar

Judge R. Allan Edgar

A Marquette native, Edgar spent most of his career in Tennessee, first an attorney and then elected to the Tennessee House of Representatives. President Ronald Reagan appointed Edgar as a U.S. District judge in 1985.

His parents me at the Civilian Conservation Corps camp in Big Bay, MI.

Until age 13, Edgar lived as a child on West Magnetic Street in Marquette, MI

The family moved in 1953 when his his father got job in Tennessee.

The future Judge Edgar still spent summers in the U.P. with his grandparents and worked a summer job out at the exclusive Huron Mountain Club in Big Bay, MI.

Photo of Judge R. Allan Edgar by David Laprad, Hamilton County Herald

www.hamiltoncountyherald.com/Story.aspx?id=1210&date=4%2F16%2F2010

www.miningjournal.net/page/content.detail/id/564345/Home-again–Judge-has-U-P–roots.html?nav=5006

https://en.wikipedia.org/wiki/Robert_Allan_Edgar

——-

Court Reporter Sandy Larson

Case Manager C.A. Moore

U.S. Probation Officer Matthew Luce

——-

Heroin Is the Most Dangerous Way to Increase Your Creativity

www.vice.com  Photo via WikiMedia Commons.

https://upload.wikimedia.org/wikipedia/commons/5/5b/Heroin_asian.jpg

 

Woman-smoking-marijuana-pipe-by-Jonathan-Piccolo-Creative-Commons.jpg

www.psypost.org Photo credit: Jonathan Piccolo (Creative Commons)

 

Gorgeous Vintage Advertisements for Heroin, Cannabis and Cocaine …

www.pinterest.com

 

Bottles Heroin, Old Medicine Bottles, Drug Ads, Gorgeous Vintage, Vintage Ads, Vintage Advertisements, Drug Poster

https://www.pinterest.com/pin/97742254388543272

 

Take Two | The rise of Oxycontin addiction and abuse

www.scpr.org

OxyContin causes more overdoses than heroin and cocaine combined, according to a report by the Centers for Drug Control. Vitualis/Flickr/Creative Commons

Vancouver Drug Reform Group: Why Decriminalizing Hard and Soft Would Reduce Use In Canada

www.isciencetimes.com

Vancouver issued a report today urging the government to decriminalize all drugs–including hard drugs like heroin and crack. (Photo: Creative Commons)

Photo by wikipedia username Argv0 on Nov. 3, 2015 of two grams of cocaine

Argv0 talk contribs

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Upper Peninsula Breaking News

Greg Peterson

News Director, Owner

Upper Peninsula Breaking News

UpperPeninsulaBreakingNews@gmail.com

906-204-2249 (hm)

906-204-0848 (cell)

www.UPBreakingNews.com

https://twitter.com/UPBreakingNews

https://www.facebook.com/UpperPeninsulaBreakingNews

https://www.youtube.com/UPBreakingNews

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The Final Sentencing for a Federal Judge in Marquette, MI and renders Justice for “The Boys of St. Ignace” – Judge R. Allen Edgar sends St. Ignace man to prison for 15 years for using pen camera to videotape nude teen male athletes at LaSalle High School

Hamel Indictment graphic 2

Graphic of federal indictment

By Greg Peterson

News Director, Owner

Upper Peninsula Breaking News

Thomas Kevin Hamel sex offender mugshot

Thomas Hamel sex offender photo

He carried an ink pen in his front pocket like thousands of teachers – except his pen was a high definition video camera.

He is a 68-year-old small-statured, bespectacled, diminutive man with a masters degree who never married.

He wept uncontrollably while trying to apologize in federal court and sat down apparently unable to finish the apology.

A seemingly nice elderly man who hid a dark heart with evil intentions, Thomas Kevin Hamel always made himself available to help when high school athletes were nude like weigh-ins and locker-rooms.

2016 Mqt Fed Crt Sentencings Judge last day 6-22-16 by Greg Peterson (107)

Photo by Greg Peterson

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The Honorable R. Allan Edgar by David Laprad, Hamilton County Herald

Photo of the honorable U.S. District Court Judge R. Allan Edgar by David LaPrad, Hamilton County Herald

Hamel was sentenced in Marquette federal court Wednesday to 15 years in federal prison by U.S. District Court Judge R. Allan Edgar.

In fact, after 31 years on the bench, Hamel was the final federal court sentencing for Judge Edgar, who has retired after some four decades in legal work that included growing up in Marquette until age 13 and becoming a lawyer, and a state representative, and then a U.S. District Court judge in Tennessee – who also presided in Marquette federal court because he and his family love the U.P. of Michigan.

——-

A confirmed bachelor with over 600 child porn images on his computer, Hamel is the scion of a prominent St. Ignace family – whose physician father “delivered most of the children” in the St. Ignace” area.

2016 Mqt Fed Crt Sentencings Judge last day 6-22-16 by Greg Peterson (106)I apologize to the city of St. Ignace, I apologize to the community and I apologize to the students I took care of,” Hamel said tearfully before breaking down and returning to his chair at the defendant table.

He never raised suspicion as a volunteer athletic trainer on the boys wrestling and football teams at LaSalle High School in St. Ignace were nude including wandering into the male showers being used by young athletes while he recorded everything between Nov. 2007 and Dec. 2012.

The unsuspecting student athletes liked Hamel who wrapped injured ankles, helping in many other ways even described as an assistant coach at times.

2016 Mqt Fed Crt Sentencings Judge last day 6-22-16 by Greg Peterson (107)A retired teacher of 27 years turned volunteer in male teen sports, Hamel plead guilty Feb. 1, 2016 to sexual exploitation and attempted exploitation of a minor.

Hamel had a favorite 14-year-old that he videotaped on many occasions, prosecutors said in court.

Hamel made numerous still images from the videotape of “one boy he was particularly fond of,” said Assistant U.S. Attorney Paul Lochner.

The indictment alleges Hamel made secret videos of three young male wrestlers in their early teens at a weigh-in and another teen athlete who was “dressing in a locker room,” and another who was “partially nude” in a trainer’s room.

Thomas Hamel mug shot Mackinac County Sheriff's Department

Mackinac County Jail mugshot of Thomas Hamel

While teen male athletes were nude below the waist “at a wrestling team weigh-in,” Hamel videotaped the boys and created videos involving the “lascivious exhibition of (the boy’s) pubic area”

Dr. Herbert Hamil family photo

A once proud St. Ignace family that’s struggling to deal with life-changing humiliation, Hamel’s siblings drove from the eastern U.P. to be in Marquette federal court Wednesday to show their support for him.

Hamel’s father delivered over 2,500 babies in the St. Ignace area.

While Hamel secretly videotaped, student athletes would be nude in front of him in the locker-room and Hamel taped “nude wrestlers at weigh-ins,” said Assistant U.S. Attorney Paul Lochner.

Surreptitiously, Hamel’s volunteer job “gave him access… it game him access as an athletic trainer,” Lochner said.

Hamel’s actions are a “hideous abuse of trust,” Lockner said.

Federal prosecutors take Hamel at his word that none of his videos and photos were distributed but rather for his own use. Nonetheless, the images were turned over to the National Center for Missing and Exploited Children because federal prosecutors “can’t be certain” the images did not make it on the internet or private child porn video collections.

Among the reasons the feds believe the LaSalle High School images were not distributed is Hamel’s computer was not connected to the internet and he cooperated in providing passwords to his secret stock of child porn including the boys of St. Ignace.

Hamel Indictment graphic 1In fact, parents, students and school officials were genuinely shocked when the FBI came knocking on their doors with the horrifying news the kids were exploited by the team’s athletic trainer.

When a defense attorney tried to argue that Hamel had no supervisory role, Judge Edgar disagreed.

“Minors were in his care,” Judge Edgar said. “The wrestling and football teams were entrusted to his career.”

Trying to paint his client as not as bad as fellow dangerous predators, defense attorney Joseph P. Kwiatkowski of Cheboygan noted Hamel “never touched or molested anyone.”

Kwiatkowski said Hamel cooperated fully with the FBI and U.S. Postal Service Inspector Wylie Christopher.

He pleaded with the judge not to give Hamel the maximum possible sentence of 30 years in prison calling it a “death sentence” due to Hamel’s elderly age noting even a 15-year sentence will put his client at the end of projected life expectancy as set by the U.S. Social Security Administration.

Technically a 180 month sentence equals 15 years, four days and four hours or 7,890,000 minutes.

Noting Hamel never forced children to pose for images, Kwiatkowski said his client knows the harm he has caused an offers “no excuses.”

Letters were written to the judge on Hamel’s behalf, Kwiatkowski noted, pointing out one is from Father Jim Williams. However, while these types of letters are often available in federal documents a check by Upper Peninsula Breaking News shows the Rev. Williams letter has apparently been restricted in this case.

Hamel started sex offender counseling after his the state and FBI raid.

Kwiatkowski noted the irony that Hamel would be in prison for 15 years in prison while on the same day serial child molester and disgraced former speaker of the U.S. House of Representatives Dennis Hastert began serving a 15-month sentence for financial crimes connected to molestation scandal involving young boys.

Hastert molested boys and made payoffs as hush money to cover up the crimes but could not be charged due to the Statute of Limitations. The 74-year-old Hastert used a wheelchair to wheel himself into a federal medical prison – an easy way to serve his sentence.
On April 21, a federal grand jury sitting in Marquette returned a six-count, seven-page felony indictment outlining his child porn activities.

The grand jury indicted Hamel on five counts of sexual exploitation of a minor and attempted sexual exploitation of a minor, and one count of possession of child pornography,

Hamel admitted buying child porn from overseas.

The FBI raided his home in Dec. 2012 after Hamel’s name appeared on the mailing list of an overseas child porn trafficking ring that distributed videos and more.

That’s when his secret photos and videos of student athletes were found by federal agents.

Related links and info:

National Center for Missing and Exploited Children

http://www.missingkids.com/home

http://www.missingkids.com

https://www.instagram.com/1800TheLost/

http://www.missingkids.com/RSS

https://twitter.com/MissingKids

https://www.facebook.com/missingkids

https://www.youtube.com/user/missingkids

Dennis Hastert, perverted former Speaker of the U.S. House of Representatives

http://abcnews.go.com/Politics/speaker-house-dennis-hastert-report-prison/story?id=40026897

http://www.chicagotribune.com/news/local/breaking/ct-dennis-hastert-reports-to-prison-met-20160622-story.html

http://www.npr.org/sections/thetwo-way/2016/06/22/483075855/disgraced-former-house-speaker-dennis-hastert-heads-to-prison-today

http://www.cnn.com/2016/06/22/politics/dennis-hastert-goes-to-prison/

https://www.washingtonpost.com/news/the-fix/wp/2016/06/21/former-house-speaker-dennis-hastert-is-going-to-jail-this-week-heres-how-he-got-there/

https://en.wikipedia.org/wiki/Dennis_Hastert

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Thomas Kevin Hamel

Filed: 04/21/2015

Mackinac County

2:2015-cr-00011

Thomas Hamil Plea Agreement

Sentencing Thomas Hamel 6-22-16

Thomas Hamel Indictment

http://www.homefacts.com/offender-detail/MI234937820160502/Thomas-Kevin-Hamel.html

Pleaded guilty

Count 1

Sexual exploitation of a minor and attempted sexual exploitation of a minor

Dismissed by Judge R. Allan Edgar under plea agreement:

Counts 2-5

Sexual exploitation of a minor and attempted sexual exploitation of a minor

Count 6

Possession of child pornography

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Federal Public Defender for Thomas Kevin Hamel

Beth LaCosse, Federal, U.S. Public Defender Marquette, MI (2)Elizabeth A. LaCosse

Federal Public Defender (Marquette)

925 W Washington, Ste. 104

Marquette, MI 49855

(906) 226-3050

(906) 273-0070

beth_lacosse@fd.org

Thomas Hamel defense attorney

Joseph P. Kwiatkowski

Patrick Kwiatkowski & Hesselink PLLC
11512 N Straits Hwy., Ste. 200
Cheboygan, MI 49721

Phone: (231) 627-7151

pklaw@pklawfirm.com

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Asst. U.S. Attorney Hannah Bobee, Lochner (7)

Assistant U.S. Attorney Paul Lochner (Marquette)

Citizens Bank Building, 2nd Fl.

1930 US 41 W

Marquette, MI 49855

(906) 226-2500

Email: paul.lochner@usdoj.gov

Assistant U.S. Attorney Joel S. Fauson of Grand Rapids, MI

Assistant U.S. Attorney Joel S. Fauson

U.S. Attorney (Grand Rapids)

The Law Bldg.

330 Ionia Ave., NW

P.O. Box 208

Grand Rapids, MI 49501-0208

(616) 456-2404

joel.fauson@usdoj.gov

https://www.justice.gov/usao-wdmi/pr/2016_0429_BKelsey

https://www.fbi.gov/detroit/press-releases/2013/former-grand-rapids-area-financial-adviser-sentenced-to-54-months-in-prison-for-wire-fraud

https://www.fbi.gov/detroit/press-releases/2015/leader-of-the-black-p-stone-nation-gang-kenton-maurice-taylor-convicted-on-heroin-charges-by-federal-jury

http://www.mlive.com/news/grand-rapids/index.ssf/2015/02/mail_carrier_quits_dumps_mail.html

http://www.mlive.com/news/kalamazoo/index.ssf/2012/02/prosecutors_seeking_stiffer_pr.html

https://www.linkedin.com/in/joel-fauson-a3015895?trk=seokp-title_posts_secondary_cluster_res_author_name

http://www.ca6.uscourts.gov/opinions.pdf/12a0178p-06.pdf

Asst. U.S. Attorney Maarten Vermaat

U.S. Attorney (Marquette)

Citizens Bank Building, 2nd Fl.

1930 US 41 W

Marquette, MI 49855

(906) 226-2500

Maarten.Vermaat@usdoj.gov

http://www.justice.gov/usao/miw/news/2012/2012_0525_VProtasoff.html

http://www.foxnews.com/entertainment/2010/07/12/attorney-actor-john-stamos-fling-year-old-student/

Asst. U.S. Attorney Hannah Bobee, Lochner (9)Asst. U.S. Attorney Hannah Bobee

U.S. District Court Western District of Michigan

She is native American and and an enrolled member of the Sault Ste. Marie Tribe of Chippewa Indians

http://www.rosettelaw.com/attorney-bio-bobee.html

http://www.justice.gov/dea/divisions/det/2013/det061913.shtml

http://www.leadershipdirectories.com/profiles/Hannah-Bobee-Assistant-US-Attorney-Marquette-%28MI%29-Office-.htm

Lasalle High School logo St. Ignace

LaSalle High School St. Ignace Area Schools

http://stignace.eup.k12.mi.us/Domain/135

http://stignace.eup.k12.mi.us/

https://www.facebook.com/pages/Lasalle-High-School/733018816774702

http://www.maxpreps.com/high-schools/lasalle-saints-(st-ignace,mi)/football/home.htm

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Judge R. Allan Edgar

Federal Judge R. Allan Edgar

U.S. District Court Judge R. Allan Edgar

U.S. District Court Western District of Michigan

P.O. Box 698
Marquette MI 49855

Office Phone: (906) 226-2084
Case Manager: (906) 226-2084

http://www.miwd.uscourts.gov/content/judge-r-allan-edgar

Judge R. Allan Edgar

A Marquette native, Edgar spent most of his career in Tennessee, first an attorney and then elected to the Tennessee House of Representatives. President Ronald Reagan appointed Edgar as a U.S. District judge in 1985.

His parents me at the Civilian Conservation Corps camp in Big Bay, MI.

Until age 13, Edgar lived as a child on West Magnetic Street in Marquette, MI

The family moved in 1953 when his his father got job in Tennessee.

The future Judge Edgar still spent summers in the U.P. with his grandparents and worked a summer job out at the exclusive Huron Mountain Club in Big Bay, MI.

Photo of Judge R. Allan Edgar by David Laprad, Hamilton County Herald

http://www.hamiltoncountyherald.com/Story.aspx?id=1210&date=4%2F16%2F2010

http://www.miningjournal.net/page/content.detail/id/564345/Home-again–Judge-has-U-P–roots.html?nav=5006

https://en.wikipedia.org/wiki/Robert_Allan_Edgar

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Statute of Limitations

https://en.wikipedia.org/wiki/Statute_of_limitations

http://criminal.findlaw.com/criminal-law-basics/time-limits-for-charges-state-criminal-statutes-of-limitations.html

http://www.nolo.com/legal-encyclopedia/statute-of-limitations-state-laws-chart-29941.html

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Thomas Hamel mug shot courtesy Mackinac County Sheriff’s Department

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Previous Coverage

Ex-teacher, trainer secretly recorded nude athletes with pen camera by John Agar | jagar@mlive.com Follow on Twitter on Feb. 2, 2016. Agar covers crime for MLive/Grand Rapids Press

http://www.mlive.com/news/grand-rapids/index.ssf/2016/02/ex-teacher_trainer_secretly_re.html

Hamel Arraigned on Six Federal Charges

http://www.stignacenews.com/news/2015-04-30/News/Hamel_Arraigned_on_Six_Federal_Charges.html

Federal Prosecution Team Takes Over Hamel Case by Erich T. Doer

http://www.stignacenews.com/news/2014-02-13/News/Federal_Prosecution_Team_Takes_Over_Hamel_Case.html

http://www.mlive.com/news/grand-rapids/index.ssf/2015/04/volunteer_athletic_trainer_vid.html

http://www.9and10news.com/story/31144794/st-ignace-man-pleads-guilty-to-exploiting-children-filming-naked-in-locker-room