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Comment: Re:Why plea deal? (Score 2) 102

by kelemvor4 (#49068035) Attached to: Kim Dotcom's Lawyer Plays Down Megaupload Worker's Guilty Plea

Wouldn't you rather have your day in court to fight bullshit charges?

Only if you really think you can win. Otherwise folks who ask for their day in court (In the US anyway) are severely penalized vs those that plead guilty. It sounds like this is a "Plea bargain" situation, too. Where the perpetrators of the case bought his plea in exchange for a lesser sentence than he might have received on his own.

Comment: Re:Taken to the cleaners... (Score 4, Insightful) 132

by kelemvor4 (#49067263) Attached to: LG Exec Indicted Over Broken Samsung Washing Machine

Agreed. Touching a competitor's setup at a trade fair is bush league.

I don't buy that "testing" defense for a second. If you're a company that large you test by buying a machine anonymously at retail, take it to your labs, complete a test plan, then take it apart the see the build and components. Just randomly poking at stuff before a trade show isn't even going to give you much data.

While I wouldn't be surprised if he broke the machines on purpose, I'm assuming these weren't available for purchase yet. That seems to be how companies work (including Samsung and LG) in other spaces such as televisions. In fact, many of those other products that they bring to shows are just concept devices that never make it to market without significant changes.

While there probably is detailed testing like you describe going on, I think it's reasonable for an exec to check out the competition at a show.

Comment: Re: IF true... (Score 2) 164

by kelemvor4 (#49061705) Attached to: Researcher Developing Tattoo Removal Cream

Or we could stop having superficial bosses with superficial ideas. They tend to be dying off at faster than replacement rates so perhaps there's hope for us yet. I can't wait for the last of the suit and tie set to die off.

BTW, I have no tattoos and don't especially like them. I just like corporate attitudes a lot less.

Because nothing says "I make good decisions" like permanent marks all over the body, right?

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

by kelemvor4 (#49021695) Attached to: Silk Road Drug Dealer Pleads Guilty After Federal Sting

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

by kelemvor4 (#49015083) Attached to: Silk Road Drug Dealer Pleads Guilty After Federal Sting

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

by kelemvor4 (#49014235) Attached to: Silk Road Drug Dealer Pleads Guilty After Federal Sting

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.

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