United States
Title |
Summary |
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| United States of America v. Lawrence J.Romano |
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| United States of America v. Victor Bernal and Eduardo Berges |
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| United States v. 144,774 Pounds Of Blue King Crab |
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| United States v. Bengis |
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| United States v. Bowman |
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| United States v. Bramble |
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| United States v. Carrano | Defendant Thomas Carrano was convicted after a jury trial of conspiracy to violate the Animal Welfare Act (AWA), 7 U.S.C. § 2131 et seq. In 2016, Carrano, who was president of the United Gamefowl Breeders Association (“NYUGBA”), became the subject of an investigation by NYPD officers, ASPCA agents, and USDA agents for suspected cockfighting activities. In that investigation, these officers eventually searched Carrano's property and seized extensive animal fighting paraphernalia, some of which was covered in chicken blood. Defendant was indicted on a single count of conspiring to violate the AWA and was subsequently convicted by jury. In this appeal, defendant contends that the government failed to prove he joined a conspiracy to violate the AWA and failed to prove the interstate commerce requirement for the conspiracy. Defendant argues that the "substantial evidence against him, including the training videos, the vitamin supplements, the gaffs and postizas, and the dubbed birds" are consistent with showing chickens at a poultry show, rather than cockfighting. The court noted that the jury made permissible inferences as to the evidence that were consistent with cockfighting, and that a reviewing court will not substitute its judgment for that judgment. In addition, Facebook and text messages from defendant evidence the furtherance of a conspiracy. While defendant contends that the government failed to prove that he actually engaged in cockfighting during the relevant time period, the court stated that the conspiracy charge only required sufficient evidence showing defendant agreed to deal in chickens for a fight through interstate commerce. The court also found defendant's argument as to a defect in the superseding indictment was waived and meritless. Even considering the substance of the argument, the court found proof that defendant's conduct impacted interstate commerce. The court also held that defendant failed to prove his ineffective assistance of counsel claim on appeal. Defendant's motion for a judgment of acquittal or in the alternative a new trial was denied. |
| United States v. Charette | Defendant Charette was convicted by bench trial of taking a grizzly bear behind his home in Montana in violation of the federal Endangered Species Act. On appeal, defendant challenges his conviction on three grounds: (1) there was insufficient evidence to infer that he did not have a permit to take the grizzly bear; (2) his request for a jury trial was improperly denied; and (3) the lower court incorrectly analyzed his self-defense claim under an objective standard as opposed to the correct subjective standard. On appeal here, the court observed that the plain language of the ESA and legislative history makes it clear that permits and exceptions under the ESA are affirmative defenses, and not elements of the crime. In this case, Charette had the burden of proving the existence of a valid permit, which he did not do at trial. The court also quickly dispensed with the Sixth Amendment jury trial issue, finding that the taking of a grizzly bear is a petty offense. As to defendant's last argument on his self-defense claim, this court did find that the trial court erred in applying an objectively reasonable standard. This error was not harmless because it affected defendant's decision to testify as to his subjective belief in the need for self-defense. As a result, this court reversed the district court's decision, vacated defendant's conviction, and remanded the case for further proceedings. |
| United States v. Charette |
In this case, Brian F. Charette filed an appeal after he was sentenced to six months of imprisonment and ordered to pay $5,000 in restitution for shooting and killing a grizzly bear in violation of the Endangered Species Act. Charette argued three issues on appeal: (1) that the trial court's denial of a jury trial violated his constitutional rights; (2) that the trial court erred in defining the elements of his charged offense; and (3) that the trial court erred in denying Charette's Rule 29 motion for a judgment of acquittal. The court found that the trial court did not err in denying a jury trial because Charette’s offense was considered a petty offense because it carried a maximum sentence of six months. For all crimes that are considered petty offenses, the Sixth Amendment right to a trial by jury is not triggered. Lastly, the court addressed Charette’s Rule 29 motion which calls for an acquittal if the essential elements of the offense are not proven beyond a reasonable doubt. In order for someone to be convicted of knowingly taking an endangered species the government must prove beyond a reasonable doubt, that: (1) the defendant knowingly killed the animal; (2) the animal was engendered; (3) the defendant had no permit to kill the animal; and (4) the defendant did not act in self-defense or defense of others. Charette argued that the government failed to prove that he did not have a permit to kill the grizzly bear. The court ultimately found that the government did prove this element on the basis that Charette told officers that he did not report shooting the bear because he did not want to deal with the “hassle.” The court found that it was reasonable to believe that had Charette had a permit to kill the grizzly bear, he would not have found reporting it to be a hassle and therefore the government sufficiently established this element. As a result, the court affirmed the lower court’s decision. |
| United States v. Daniels |
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