Home Blog Page 6089

Judge lacked authority to raise cocaine sentence after reduction

0

Dave Stafford for www.theindianalawyer.com

A cocaine dealer whose prison term was reduced in accordance with changed federal guidelines won an appeal after the judge who cut his sentence by more than 10 years later reimposed the original sentence.

Judge Robert L. Miller of the U.S. District Court for the Northern District of Indiana reduced Emanuel T. Newman’s sentence for dealing 40 to 50 kilograms of cocaine from 472 months to 348 months on Dec. 30, 2014, in accordance with Amendment 782 of the sentencing guidelines.

“The order states that the judge deemed the prosecutor’s 472-month recommendation too high. The United States did not protest and did not appeal,” Circuit Judge Frank Easterbrook wrote in United States of America v. Emanuel T. Newman, 15-1326 and 15-1474. On Jan. 28, Miller amended his order, but the total term remained 348 months.

“But the next day the district judge amended the order yet again. The revised order rearranges which sentences run consecutively to which other sentences, and the upshot is a total of 472 months in prison,” Easterbrook wrote. “The language from the earlier orders stating that 472 months would be too high vanished. The judge did not say why he now thought 472 months the appropriate sentence and did not cite any authority allowing him to add 124 months to Newman’s sentence.

“The United States has confessed error, and for the reasons we have given we agree with its conclusion that the district court lacked the authority to increase Newman’s sentence by an order entered more than 14 days after December 30, 2014.

“The district court’s decision of January 29, 2015, is vacated, and the case is remanded with instructions to reinstate a set of terms that in aggregate cannot exceed 348 months,” the panel concluded.

IS IT TRUE JULY 24, 2015

33

IS IT TRUE the Brownfields Board of Directors voted voted 6 to 1 to pay the not-for-profit Evansville Housing Authority $55,000 for a strip of land where the future parking garage for the Convention Hotel and IU Medical School will sit?  …we heard that this strip of land was about 20 feet wide by 150 feet long? …we wonder what political buddy DMD Director Kelley Coures got to appraised this property?

IS IT TRUE  according to our poster PRESSANYKEY  that his business search with the INDIANA SECRETARY OF STATE office showed that there were no Entity Names found in the search criteria for EVANSVILLE BROWNFIELDS CORPORATION?  …all we can say is “very interesting”?

IS IT TRUE Vanderburgh County Commissioner Bruce Ungethiem said he’s concerned that non-city residents served by the Evansville Water and Sewer Utility will see rates go through the roof during the next several years?  .. the major problem with the uncontrollable rates increases is federal mandates forces the Water and Sewer Utilities Board to modernize its sewer system? … Commissioner Ungethiem has a major problem that rates for non-city residents are much higher than those for city residents?

IS IT TRUE that retired Banker and Water & Sewer Utility Director Allen Mounts has a political tiger by the tail if he thinks he going to pull the political wool over the eyes of Rose Hulman trained Engineer Bruce Ungethiem?

IS IT TRUE if Mr. Ungethiem would like to research what has also added to create higher than usual Water and Sewer rate increases, he should have a long talk with City Councilman John Friend, CPA? …he should ask Mr. Friend to brief him on the practice of awarding Service and Consulting contracts to generous donators of local politicians re-election campaigns? …he should ask Mr. Friend about Water and Sewer Department ongoing practice of giving political patronage jobs to some supporters and family members of local politicians?

IS IT TRUE a long time poster on the CCO sent us this e-mail that caught our attention? …our poster writes; I am trying to bring this issue before both candidates running for Mayor and I don’t seem to get a reply from either. Attached is his e-mail to them.

Dear Mayor Winnecke and Mayoral Candidate Gail Riecken;

I realize that you don’t control the City Council however you do/might control the Evansville Water Dept. Is it your intent to allow the water dept. to present before city council a resolution to raise the county resident’s water bill? Also see why there isn’t there a County Commissioner appointed to the Water Dept.? If elected or re-elected will you appoint a County Commissioner to represent a voice to the people living in the county?

So if the city council can raise our county rates up to 150% in 2016, to help pay for the south side sewer system but fail to build a north side pump station when they originally voted on the 35% rate increase in 2016. Seriously, is this taxation without representation?

Sincerely,

M J

Please take time and vote in today’s “Readers Poll”. Don’t miss reading today’s Feature articles because they are always an interesting read. New addition to the CCO is the Cause of Death reports generated by the Vanderburgh County Health Department.

Copyright 2015 City County Observer. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

RUMPUS CHUMPUS TRUMPUS

8

UNFAVORABILITY

0

VANDERBURGH COUNTY FELONY CHARGES

1
SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ. 
DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671.

 

Evansville, IN – Below is a list of felony cases that were filed by the Vanderburgh County Prosecutor’s Office on Wednesday, July 22, 2015.

David Lee Ardell Attempted armed robbery, Level 3 felony

Kashif Allen Weathers Rape, Level 3 felony

Criminal confinement, Level 6 felony

Austin Wayne Taylor Criminal mischief, Level 6 felony

Kristin Marie Munoz Assisting a criminal, Level 6 felony

Johnathon Tyler Campbell Operating a vehicle with an ACE of .08 or more, Level 6 felony

Wanda L. Beal Operating a vehicle while intoxicated, Level 6 felony

Possession of a controlled substance, Class A misdemeanor

Chase James Ferguson Resisting law enforcement, Level 6 felony

Resisting law enforcement, Class A misdemeanor

Operating a vehicle while intoxicated endangering a person, Class A misdemeanor

Possession of marijuana, Class A misdemeanor

Operating a vehicle with an ACE of .08 or more, Class C misdemeanor

Jason Daniel Thomas Theft, Level 6 felony

Richard William McIntyre Theft, Level 6 felony

Criminal trespassing, Class A misdemeanor

Harry Gerome Campbell Operating a motor vehicle after forfeiture of license for life,

Level 5 felony

Kyle Edward Burgess Criminal mischief, Level 6 felony

George Andrew Alvey Operating a vehicle as a habitual violator, Level 6 felony

David Paul Schini Aggravated battery, Level 3 felony

Criminal confinement, Level 3 felony

Brandon Keith Opperman Aggravated battery, Level 3 felony

Criminal confinement, Level 3 felony

Amber Michelle Opperman Aggravated battery, Level 3 felony

Criminal confinement, Level 3 felony

Tyler Oldham Aggravated battery, Level 3 felony

Criminal confinement, Level 3 felony

Felicia Farrara Lawrence Legend Drug deception, Level 6 felony

Possession of a controlled substance, Class A misdemeanor

Leaving the scene of an accident, Class B misdemeanor

Tamia Nashae Womock Neglect of a dependent, Level 6 felony

Battery resulting in bodily injury, Class A misdemeanor

Public intoxication, Class B misdemeanor

Denzael Oneill Lamar-Jones Battery against a public safety official, Level 6 felony

Resisting law enforcement, Class A misdemeanor

Matthew Paul Bishop Battery by bodily waste, Level 6 felony

Battery against a public safety official, Level 6 felony

Resisting law enforcement, Class A misdemeanor

Theft, Class A misdemeanor

EPD Activity Report

0
SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ. 
DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671.

Vanderburgh County Recent Booking Records

0
SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ. 
DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671.

PETS OF THE WEEK

0

Meet Cocoa, a 3-year-old female chocolate Min Pin/Poodle mix! She was surrendered with Holly, but they are not required to go home together. Cocoa does well with children & other dogs. She’s housetrained and loves to chase butterflies! Her $120 fee includes her spay, microchip, vaccines, & more! Visit www.vhslifesaver.org or call (812) 426-2563!

VANDERBURGH COUNTY FELONY CHARGES

0
SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ. 
DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671.

 

Below is a list of felony cases that were filed by the Vanderburgh County Prosecutor’s Office on Tuesday, July 21, 2015.

Harold Allen Bales Failure to register as a sex or violent offender, Level 5 felony

Dana Anthony Smith Operating a vehicle as a habitual traffic violator, Level 6 felony

Jamil Martel Mullen Theft, Level 6 felony

Possession of a synthetic drug or synthetic drug lookalike substance, Class A misdemeanor

 

Richard Darnell Steen Operating a motor vehicle after forfeiture of license for life, Level 5 felony

Brandon Lee Ferrari Neglect of a dependent resulting in bodily injury, Level 5 felony

Battery in the presence of a child, Level 6 felony

Battery with moderate bodily injury, Level 6 felony

Derrick Laron Barnes Criminal Trespass, Level 6 felony

Brandon Key Brown Theft, Level 6 felony

 
Â