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7th Circuit warns attorneys about compliance

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The 7th Circuit Court of Appeals chastised the U.S. Attorney's Office in Indiana's Northern District to "get its act together" to comply strictly with a statute that imposes a mandatory life sentence for a defendant convicted of a drug offense with two prior drug convictions. The Circuit Court upheld a defendant's life sentence, finding the government fulfilled the statutory purposes and adequately informed the defendant of what he was facing.

In United States of America v. Jerome Williams Jr., No. 09-1924, Jerome Williams claimed the government failed to comply with 21 U.S.C. Section 851(a)(1), the "notice of enhancement statute," so he should be re-sentenced. The notice sent to Williams contained only one conviction from 2002 and stated further information concerning his criminal history can be obtained from the United States Probation Office in the Pretrial Services Report. The report wasn't attached in the information and wasn't even filed with the District Court until nine months after Williams received the notice.

The report lists Williams' prior record, which contains 19 sets of charges but only one other felony drug conviction. The government's lawyer explained he prepared the notice in haste long before it was due because he was afraid he'd forget about it.

"The excuse that the government's lawyer gave us for these omissions does not reflect well on the Department of Justice," wrote Judge Richard Posner. "He thus has offered an all-purpose excuse for premature filings in federal courts of any and all documents."

The Circuit opinion took the U.S. Attorney's office to task for not having a protocol for compliance with Section 851 and for the inconsistencies in how the notices are presented.

"It is odd that U.S. Attorneys seem to have so much difficulty in complying unambiguously with a simple statute," the judge noted.

But caselaw has said that as long as the defendant has actual notice of the intended use of a prior conviction to enhance his sentence, the statute has been substantially complied with and that's good enough. The Circuit Court determined that to be the case for Williams and upheld his life sentence.

Williams has a legitimate argument that the notice should contain which specific convictions are being relied on to enhance, and placing the dispositions and convictions in one list could leave a defendant to guess which one is being used to enhance the sentence. However, in Williams' case, he only had one other felony drug conviction, so it was clear which convictions were being used, wrote Judge Posner.

The Circuit Court advised the Department of Justice to notify all U.S. Attorneys of the importance of strict compliance because it seems to be a problem across jurisdictions. Sloppy compliance brings a risk the court will hold the government failed to provide a defendant with adequate notice or the defendant has a claim for ineffective assistance of counsel.

"For these reasons and to spare us pointless appeals, the U.S. Attorney's office that prosecuted this case would be well advised to get its act together and comply strictly with section 851," he wrote.

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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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