The Texas Court of Criminal Appeals analyzes both speedy trial and speedy revocation motion matters under the factors set forth by the United States Supreme Court in Barker v. Wingo, 407 U.S. 514 (1972). These factors include: (1) the length of the delay, (2) the reasons for the delay, (3)…
Going back to the Constitution of the United States, American citizens are guaranteed a speedy and public trial. The public part is why a Court cannot bar you from entering to watch a trial unless you are a witness, but the speedy part has been developed over the years. I…
However, in United States v. Walker, 621 F.2d 163 (5th Cir. 1980), the Fifth Circuit held that there was no error in giving an aiding and abetting instruction in a conspiracy case because the conspiracy counts are substantive counts. Aiding and abetting makes one a party to the crime by…
A plain language reading of the statute and logical sense also show that one cannot aid and abet a conspiracy under section 2. Section 2 and 846 link to the substantive offense in separate manners. 21 USC Section 846 states: Any person who attempts or conspires to commit any offense…
Rear view of police detective standing and looking at the paper in front of the wall with map, pictures and sticky notes at office The Fifth Circuit in Cowart and sister Courts of Appeals note that conspiracy is a distinct offense from that of aiding and abetting, and involves the…
One of the realities that I must tell clients charged with conspiracy counts in the Eastern District of Texas, most often conspiracy to possess with the intent to distribute narcotics, is that you can aid and abet a conspiracy in the Fifth Circuit Court of Appeals, which includes all Texas…
Brightly Red Colored Semi-Truck Speeding on a Two-Lane Highway with Cars in Background Under a Stunning Sunset in the American Southwest You must be prepared for the Government continuing to say that all or most drugs coming through Mexico or Central America are bound by the United States. This is…
Private jet flies past sun – in blue sky above the clouds The cocaine in Rojas was a million-dollar deal that was paid in American dollars by the Zetas, a Mexican drug cartel that a codefendant had seen sending drugs in vans towards the United States, and a meeting was…
However, the Mexican cartels who control the overland routes for drug trafficking are routinely sending loads of cocaine and methamphetamine into Europe, several of which large loads have been seized in ports like Amsterdam. This development has grown since the Fifth Circuit Court of Appeals Rojas case and particularly in…
The Sherman and Plano Federal Courts are full of extradition cases from Latin America regarding drug smuggling. These individuals have often never set foot into the United States, so how can they be prosecuted here. Like the previous blog on airplane jurisdiction, the United States Congress has passed laws to…