Catch up on stories from the past week (and beyond) at the Slashdot story archive

 



Forgot your password?
typodupeerror
×

Comment Re:Using a Firearm According to the Supreme Court (Score 1) 215

On or about August 22, 2012, the defendant, DAVID LAWRENCE HANDEL did knowingly use and carry a firearm, that is a Glock 26, Serial Number SRP018, during and in relation to a drug trafficking crume for which he may be prosecuted in a court of the United ....

That looks copied and pasted, but still, a drug trafficking crume? I hope that's a legal term and not a typo in official records or something lol.

I retyped it. The indictment, which I linked, is a pdf of a scan that wasn't properly OCR'd. If only we could get high dollar lawyers to use computers properly...

Comment Re:Using a Firearm According to the Supreme Court (Score 1) 215

Since you took the time to call out slashdot and ars and even Tiffany Kelly, I thought I'd double-check your work. Thanks for providing the link.

Like you say, the firearm count is a double-your-penalty enhancement.

So I looked up the first count, under 21 USC 841 and it says: "a term of imprisonment which may not be less than 10 years or more than life" http://www.law.cornell.edu/usc...

Therefore, it is true that the firearm charge could give him an additional life penalty. Your complaint was a misrepresentation to spread more hate.

While the crime defined in 21 USC 841(a). is straightforward, the penalties are wide and varied depending on quantity. None of the reports I've read indicate how big that package was or exactly what it was even. Just that he mailed some agents some drugs and got caught with others in the post office. The indictment doesn't specify either. Maybe the author had other details she didn't share? Or it seems more likely she embellished to get clicks. I don't feel the least bit like I'm spreading hate. We're talking about a significant tidbit in an article published by a staff editor at a big news site. It's not just billy bob's blog here.

Also amusing is the list of items he will forfeit: The Glock 26, a Glock 17, a Mossberg .22, Smith & Wesson M&P 15 ( http://www.smith-wesson.com/we... [smith-wesson.com] ) and a Keltec PF-9.

I'm honestly surprised that he would carry one the Glocks to the post office, instead of the PF-9 which is more appropriate for casual protection.

18 USC 930 says you can't carry in a federal facility (e.g. post office). That's not on the indictment, so either he didn't or it's a separate case. I agree, choice to carry the double stack glock vs the single stack pf9 is an odd one...unless you're in an open carry state.

Comment Re:Using a Firearm According to the Supreme Court (Score 1) 215

He might have already been a convicted felon, and if he was then even possessing it could be a felony.

I wonder if the definition of use is a matter of carrying the firearm while engaging in an illegal activity (ie, drug trafficking and distribution) even if his intention in carrying the firearm was to prevent someone from mugging him and taking the cash he had on his person.

The Supreme Court actually reversed *all nine* of the Federal Circuit Courts of Appeal on the issue of whether simply carrying a firearm during the commission of a felony was enough to prosecute them for "using" the firearm. It was kind of a landmark case. That being said, Congress just amended the law to make carrying the firearm during the commission of a felony an additional offense.

https://en.wikipedia.org/wiki/...

The court documents including the indictment are here. The charge for the firearm says: COUNT TWO

The Grand Jury for the District of Maryland further charges that:

On or about August 22, 2012, the defendant,

DAVID LAWRENCE HANDEL
did knowingly use and carry a firearm, that is a Glock 26, Serial Number SRP018, during and in relation to a drug trafficking crume for which he may be prosecuted in a court of the United States, that is, Conspiracy to Distribute and Possess with Intent to Distribute a controlled. Substance in violation of 21 U.S. C 846, as alleged in Count One of this Indictment.

Here's the law they're prosecuting under: http://www.gpo.gov/fdsys/pkg/U...

The law clearly states: is punishable by imprisonment or fine or both which may not exceed the maximum punishment prescribed for the offense”.
"Life" is either terrible reporting by Tiffany Kelly or deliberate misrepresentation to get more hits on ars.

Comment Re:You are the 1% (Score 4, Informative) 331

If you have a 401(k) or any kind of mutual fund investment, you are part of Wall Street. That's how the system works, it's not spinning in a vacuum. That 6% return you got last year did not fall from the sky, it ended up in your pockets because institutional shareholders put pressure on companies like IBM to help the stock price and/or pay more dividends.

Clearly you doesn't understand what "the 1%" refers to. Here's the information you need. http://en.wikipedia.org/wiki/W...

Comment Re:Jupiter, Uranus, and Neptune also have rings. (Score 1) 85

Every grammar school kid knows that the other gas giants also have (faint) ring systems. How did the submitter AND the Slashdot editor put such a ridiculous mistake on the front page of a nerd site? (Also this is kind of old news, widely reported last week).

You must be new here, welcome to slashdot.

Comment Re:A "joint" venture... riiiight... (Score 1) 39

We Europeans have been trying to weed them out of our economy but apparently we need to approach it in an entirely different way, since we've only managed to hash it up so far. We'll now try to potshot them.

You must be high. We've nothing to fear from those dopes. For some, the grass is always greener on the other side.

Comment Re:Why oh Why (Score 2) 105

Why good things are always acquired by douchebag companies and ruined to the ground? First Java, now this.

Shouldn't you also direct your ire at the people from R who decide that selling the company was a good idea. Do you really think that MS went to them and said

That's a nice company you have there. It'd be a shame if you didn't sell it to us

It's not unlikely.

Slashdot Top Deals

Software production is assumed to be a line function, but it is run like a staff function. -- Paul Licker

Working...