Ohio man acquitted on federal gun charge

October 23, 2012

The Herald-Dispatch on October 23, 2012 released the following:

“CURTIS JOHNSON
The Herald-Dispatch

HUNTINGTON — A federal jury has acquitted a Columbus, Ohio, man on an allegation that he illegally possessed a firearm.

The jury disagreed with federal prosecutors, who argued Deshawn King had possession of a .357 caliber pistol, even though authorities found the weapon in a woman’s apartment at a time when King was outside of the residence.

Jurors returned their verdict Friday after two and half hours of deliberation. The case had stemmed from a June 20 incident in the 900 block of 11th Avenue.

King had been prohibited from possessing any firearm due to a May 30, 2002, conviction for aggravated robbery in Franklin County, Ohio.

Defense attorney R. Lee Booten and his client were relieved by the jury’s verdict. The attorney described the case as complicated. It was never a matter of King having the gun in his hands, pocket or personal residence, but instead it being stored inside someone else’s apartment that he had access to.

Booten praised U.S. District Judge Robert C. Chambers for his use of prior case law to fairly instruct the jury as to the complexities of the case.

A criminal complaint, filed at the beginning of the case, alleged that King admitted to having purchased the pistol in Columbus. Booten said that statement was part of the prosecution’s case, however he argued King made up that story as he went along.

Prior to last week’s trial, federal prosecutors had dismissed another count of the indictment. It alleged King had possessed a ,22 caliber pistol, a .45 caliber pistol and a 9 mm pistol Dec. 9, 2011, in Huntington. That dismissal was upon Chambers deciding some of King’s statements to police were inadmissible at trial, according to court documents.

Despite Friday’s acquittal, King remained in custody Monday morning at the Carter County Detention Center in Grayson, Ky.

The continued incarceration stems from a probation revocation in the state of Ohio. It involves allegations that King left Ohio without permission to stay with a woman at her 11th Avenue residence in Huntington, Booten said.

Friday’s result marks the second not-guilty verdict in a federal firearms case since August for the U.S. Attorney’s Office in Huntington. The first verdict followed defense arguments indicating that defendant, also a prior felon, had possessed his weapon in self-defense.

Booten placed no significance in the two acquittals, instead saying both were the result of rare, atypical and complex firearms cases.

The greatest majority of felon-in-possession cases end with a guilty verdict as defendants typically come to an agreement with prosecutors to avoid trial.”

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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:

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To find additional federal criminal news, please read Federal Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.


John Edwards again asks for acquittal

June 13, 2012

ABC News Local on June 13, 2012 released the following:

“CHAPEL HILL — John Edwards once again asked a federal judge Tuesday to acquit him of all criminal charges stemming from his recent trial.

A jury acquitted the former Democratic presidential candidate on one felony count of receiving illegal campaign contributions, but deadlocked on the remaining five counts. Federal officials are weighing whether to retry Edwards on the five unresolved charges.

Last week, U.S. District Court Judge Catherine C. Eagles ordered new briefs on whether two of the charges should be tried in a different federal court and whether prosecutors played an improper role in a civil lawsuit over ownership of a sex tape of Edwards and his mistress.

In new filing obtained Tuesday by ABC11, Edwards’ defense tells the judge that prosecutors got the venue wrong when they charged Edwards with accepting illegal campaign contributions from his wealthy friend Fred Baron in 2007 and 2008. It contends the only money linked to North Carolina was a chartered flight out of RDU that Baron paid for.

That’s technically Wake County, in the Eastern District of North Carolina – not the Middle District where he’s charged.

But, it’s a phone call Edwards made to his former aide Andrew Young that has prosecutors sticking to the charges. They say that in that call Edwards told Young to contact Baron to arrange that RDU flight in for his then-pregnant mistress.

If the judge sides with the defense, two of the charges would have to either be dismissed or tried elsewhere. The prosecution has until next week to respond.”

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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:

Federal Crimes – Be Careful

Federal Crimes – Be Proactive

Federal Crimes – Federal Indictment

————————————————————–

To find additional federal criminal news, please read Federal Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.


Former hospital exec wants acquittal, new trail

March 20, 2012

WJTV on March 20, 2012 released the following:

“By: | Associated Press

OXFORD, Miss. (AP) A former Mississippi hospital executive wants a federal judge to acquit him or grant a new trial in an alleged medical kickback and bribery scheme.

Raymond Lamont Shoemaker of Tupelo was charged last year with receiving kickbacks for nursing services, conspiracy, embezzlement and other charges last year at Tri-Lakes Medical Center in Batesville.

Shoemaker was convicted March 2 with co-defendant Earnest Levi Garner Jr. of Batesville.

Shoemaker’s lawyers said in a court filing Friday that “the government’s evidence was insufficient to support the verdict.”

The indictment said Garner agreed to pay a kickback and bribe of $5 per hour for every hour of nursing services that Garner’s companies billed the medical center.”

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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:

Federal Crimes – Be Careful

Federal Crimes – Be Proactive

Federal Crimes – Federal Indictment

Federal Crimes – Appeal

————————————————————–

To find additional federal criminal news, please read Federal Crimes Watch Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN Sanctions Removal.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.