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October 25, 2006

FROM JOE SHEMARIA’S TRIAL WORK IN THE DISTRICT COURT, 9TH CIRCUIT FOUND JUDGE AND PROSECUTOR HAD BOTH COMMITTED REVERSIBLE ERROR!

“From 10 years to life to time served” – a reality! U.S.D.CT. Los Angeles 2004 for manufacturing and possession with intent to distribute large quantities of methamphetamine.

In 2004 the United States Court of Appeals for the Ninth Circuit decided United States v. (Dale) Combs, 379 F.3d 564 (9th Cir. 2004), a 34 page published opinion reversing federal convictions for Shemaria’s client (at trial) where he was convicted of both manufacturing meth and possessing it with intent to distribute it, Shemaria’s closing argument was the primary ground for reversal. The Court quoted Shemaria’s closing argument, in finding  judge and prosecutorial errors, each justifying the reversal of both convictions. The Court stated (at pages 567-568):

Combs's counsel [Joseph Shemaria] argued in response:

[Law enforcement officials] believed at that time [i.e., August 21, 2001] that they were going to find a clandestine methamphetamine lab in [Combs's machine shop], and when they didn't they were -- they had to have tombstones in their eyes, tombstones in their eyes.

The agents here, their job isn't on the line. No, they aren't going to get fired. You don't get terminated, but you don't keep getting promotions when you go into homes or business establishments after an 18-month investigation and you find nothing. That's not the way to make friends and influence your superiors in the private sector or the government sector.

Note from Mr. Shemaria: Mr. Combs’s case was subsequently settled for “time served”(it had been a minimum mandatory 10 years to life prison term under Title 21 U.S.C. Section 841(a)(1) et seq. and section 846.)

379F.3d564,567-568(9thCir.2004)

Read The Appeals Brief here

For more information on federal criminal defense law, contact the Law Offices of Joseph Shemaria of Los Angeles, California.