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United States v. Lopez-Vanegas,
No. 05-15021 (11th Cir., July 26, 2007): Jurisdiction: Extremely intersting case where the Government spent two months in trial convincing the jury that the defendants conspired to ship huge amounts of cocaine from Columbia to Venezuala to Saudi Arabia and then to France for distribution throughout Europe. Unfortunately for the Government, the Eleventh Circuit held that such an agreement does not constitute a crime against the United States(!) Convictions and sentences VACATED.
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United States v. Gachot,
No. 07-6061 (10th Cir., January 10, 2008) (Published): Jurisdiction: Gachot plead guilty to his part in operating a cockfighting facility within Indian Country in Caddo County, Oklahoma. He made an enterprising argument that under federal law governing crimes in Indian Country (the Indian Country Crimes Act) that victimless crimes in Indian Country do not vest the District Court with jurisdiction under the "Indian against Indian exception" to the ICCA. However, since the Government dismissed the original indictment and charged him under a different statute that had no such jurisdictional issues, the conviction was AFFIRMED.
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United States v. Lamy
No. 07-2048 (10th Cir., April 1, 2008) (Published): 1. Interrogations/Fifth Amendment; 2. Jurisdiction: Lamy, 18-years-old, was convicted by jury of Aggravated Sexual Abuse in Indian Country in connection with a sexual assault on another teen who was unconscious because of drug/alcohol consumption. AFFIRMED over his claims that: 1) his confession should have been suppressed because it was involuntary based upon his sub-average intellect (he was functionally illiterate and read at a second-grade level) and he could not intelligently waive his rights; 2) several improper statements by the testifying law enforcement agent prejudiced him; and 3) the Government failed to prove beyond a reasonable doubt that the crime occurred in Indian Country.
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Keyion Kaseen Terry v. State,
No. F-2007-432 (Okl.Cr., June 17, 2008) (unpublished): Jurisdiction: Terry was convicted of Possession of CDS (Marijuana) in Jail and sentenced to 10 years. After PH, Judge Thornbrugh in Tulsa County granted a motion to quash. HOWEVER, the State filed a motion to reconsider and Judge Thornbrugh GRANTED that motion about a week later (over objection). In this appeal, Terry argued that when Judge Thornbrugh sustained the motion to quash and dismissed the charge, he lost jurisdiction to proceed on the charge and was thus prohibited from reconsidering or reversing his ruling. The Court AGREED, holding that the State had only two options: either appeal to the Court of Criminal Appeals or re-file the case based upon new information. NOTE: This was a 3-2 opinion in which Lumpkin, J., and A. Johnson, J., dissented on the basis that the ruling granting the motion to quash was not a final order since the State had not filed notice of appeal).
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