Re: Procecuted again for evidence they already had

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On 6/05/03, sarah wrote:
> On 6/03/03, Tim wrote:
>> Hi,
>> I was recently arrested and charged by state for
>> manufacturing marijuana with intent to destribute and
>> possesion of a firearm with a pound of marijuana. State
>> then dropped the charges and federal picked them up and
>> charged me with possesion with intent to destribute and
>> possesion of a firearm in furtherance of drug
> trafficking.
>> I was found not guilty of both counts and then found
> guilty
>> of the lesser offence of possesion.
>> When the detectives first arrested me I admitted that I
>> smoked marijuana and that I had smoked some right before
>> they got there. This was even written on my signed
>> statement. They also arrested me with drug paraphanlia
>> (sp?) and of course marijuana. During the federal
>> investigation the detectives interviewed 2 friends that
>> both admitted that I smoked marijuana and had seen me.
>> This was all before I was found not guilty of the offenses.
>> Now I just received a letter stating they plan on
>> prossecuting me not for possesion of a firearm by an
>> unlawful user of a controled substance. They said that
>> this charge comes from statements at my recent court
>> apperance. At court, myself and other friends admitted I
>> smoked marijuana.
>> My question is, shouldn't this charge have been included
>> as a lessor offense in the first case? And also, with the
>> statements and evidence listed above which would have been
>> enough to prosecute me in the first place, can they turn
>> around a prosecute me now for this? Thank you for your
>> time. Please let me know. Tim
>
>
>
>
> First, congrats on beating the bulk of the federal charges,
> that is very rare. You didn't mention who was bringing the
> current charges against you, the state or the feds-I assume
> the feds but i want to be sure. Also I want to be sure
> these are new charges---have you been sentenced on the
> possession yet? I only ask because possessing a weapon can
> be a seperate offense ie 18 usc 924(c) and 18 usc 924(e), or
> it can be used as a sentencing enhancement under the federal
> sentencing guidelines. Does the letter refer to specific
> statutes?
> Sarah

Sarah,
I am now being charged with 922(g)(3) under the Feds. It is
a compleatly different charge so I know there is no double
jeopardy. My sentencing is coming up next month and they are
supposed to bring these charges up against me this Friday, June
13th. They wrote in there letter that these charges are from
new evidence aquired from my court hearing. Thanks for your
response, any help would be appreciated. Tim

Re: Procecuted again for evidence they already had, 6/09/03, by Tim.

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