ILNews

7th Circuit declines to second guess co-defendant credibility in firearm sentence

Back to TopCommentsE-mailPrintBookmark and Share

Contradictory testimony given in two plea agreements presented the U.S. District Court for the Southern District of Indiana, Evansville Division, with the “classic choice” of whom to believe.

However, the U.S. 7th Circuit Court of Appeals declined to second guess the District Court’s decision, saying the lower court was “uniquely and well-situated to assess the credibility of these witnesses.”

The 7th Circuit affirmed Farshad Ghiassi’s 70-month sentence in United States of America v. Farshad Ghiassi, 12-3596. It found the District Court committed no error in determining Ghiassi’s offense level and the resulting sentence.

Ghiassi pleaded guilty to being a felon in possession of a firearm in violation of 18 U.S. code 922(g)(1) after he was arrested for selling an AK-47 to an undercover federal agent. During his court appearance, he disputed his co-defendant’s claim that she had purchased eight firearms on his behalf.

The District Court postponed the decision to accept Ghiassi’s plea until it had questioned his co-defendant. Ultimately, the court believed the co-defendant that she had purchased the guns at the request of Ghiassi.

The finding that Ghiassi possessed more weapons and that he was not credible increased his offense level, bumping him into the higher sentencing range of 70 to 87 months.

Although the 7th Circuit agreed with Ghiassi that in his co-defendant’s guilty plea she admitted to lying, the court noted the District Court would have been aware of this but still found her to be credible.

Also, the 7th Circuit ruled that Ghiassi’s alternative argument that the District Court deprived him of due process by relying on the statements of his co-defendant is a non-starter. Ghiassi knew the court intended to rely on the co-defendant’s statements and he had opportunity to contest those statements.

   
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  2. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  3. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  4. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  5. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

ADVERTISEMENT