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  1. #1
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    Default Federal Drug Trafficking Crimes

    I'm in California (if that matters for federal charges) and was arrested by the FBI under U.S.C. 21 841A (possession/intent to distribute) as well as 21 - 846 (conspiracy).

    I've gone a little off the deep end here - these are not LAWS - they are regulatory statutes.

    The U.S. Code has title 18 for crimes - 21 is food and drug regulations.

    Seeing as this is the case, I'm not actually being tried for crimes - I'm being tried for violating regulations.
    These regulations violate my individual rights (property/contract/liberty) and any attempt to enforce these regulations against a sovereign individual retaining those rights is a direct violation of
    U.S.C. Title 18 chapter 13 section 242 - and if done collectively is also a violation of Title 18, chapter 13 sections 241. (241 - Conspiracy against Rights, 242 - Deprivation of Rights under Color of the Law)

    Seeing as the government (or its officials) are the ones violating the LAW, do I have a way to challenge them?

    Can I press charges against the arresting officer for violating my rights?
    (He also denied my right to council during questioning - is that a separate charge?)
    How do I file a complaint/charges against them?


    Are these violations grounds for suppression of evidence?

  2. #2
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    Default Re: Federal Charges - question of legality...

    Wrong.

    Have you READ the section? 21 USC 841A holds a penalty to include prison time and fines - by definition, this is a criminal statute. The section also begins with the statement: (a) Unlawful acts. Except as authorized by this subchapter, it shall be unlawful for any person knowingly or intentionally ..."


    So, consult a criminal defense lawyer ASAP so you can best prepare for a defense that will make some sense, and not cause you even greater consternation.

    Here is a link to the first section:

    http://caselaw.lp.findlaw.com/script...tle=21&sec=841

    - Carl

  3. #3
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    Default Re: Federal Charges - question of legality...

    Quote Quoting cdwjava
    View Post
    Wrong.

    Have you READ the section? 21 USC 841A holds a penalty to include prison time and fines - by definition, this is a criminal statute. The section also begins with the statement: (a) Unlawful acts. Except as authorized by this subchapter, it shall be unlawful for any person knowingly or intentionally ..."


    So, consult a criminal defense lawyer ASAP so you can best prepare for a defense that will make some sense, and not cause you even greater consternation.

    Here is a link to the first section:

    http://caselaw.lp.findlaw.com/script...tle=21&sec=841

    - Carl

    MDMA isn't listed there

    Nor was it legally scheduled (according to the administrative Judge (Young) in 1986 and in 1988, the DEA illegally placed it in schedule I, the highest it could legally be places was schedule III. The DEA ignored this ruling and placed it in schedule I anyway.)

    It has medical use (Post Traumatic Stress Disorder - with FDA approval, as well as other therapeutic uses)
    Is proven safe in therapeutic doses.
    Is not addictive/does not lend itself to ABUSE as medically defined.


    Thanks for clarifying that though.
    I was wondering why I wasn't reading that correctly.
    MDMA is schedule I, and is listed such in
    C.F.R. Section 1300.


    What about it violating my rights though?
    My right to property (to own whatever I create or work for), and right to contract - right to do with my property as I wish with any consenting party?

    Don't the drug laws violate those rights?
    Aren't the agents involved in violating these rights guilty under 18, 13, 241 & 242?

    I have an attorney - a panel attorney that doesn't do anything, has lied to me about the laws, refused to file for travel permissions for work, won't file suppression motions for my testimony after they denied me an attorney during questioning...
    So I'm figuring I'm more or less on my own.

    The court has it on record that I requested a hearing to get rid of him and have other council appointed, but they're "too busy" to hear this motion.
    The trial date is Sept. 25th - and they're saying it'll be about a month before they can hear my motion to get a new attorney.

    I was arrested in Feb.
    I'm a good ways into this.

    A plea bargain should be coming - but hasn't yet... and doesn't appear to be from where I am.

    Again - if I had an attorney that was doing ANYTHING, I'd probably not be posting here.
    The word, "Diversion" came up at my proffer session.

    I most likely won't need a defense - but I still feel its wrong not to file the motions to suppress the evidence that was acquired illegally.
    And the more I read, the more I question the laws.

    And the more I want to go to trial, push for a jury nullification verdict, and failing that, appeal on the basis that the laws are unconstitutional.

    The drug laws violate the right to own property.
    That's just the first argument that's irrefutable.

    The Constitution does not provide us with "rights" - government granted privileges that can be taken away...
    It protects our rights by limiting the government.

    The government overstepped its bounds.
    How do we go about restraining it?

  4. #4
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    Default Re: Federal Charges - Regulatory or Criminal?

    Other questions were; Corpus Delicti - "Loss or harm, criminal act causing the loss or harm"

    Where is the loss or harm of drug possession?

    How does the government have standing in these proceedings if they were not the injured party/there is no injured party?

  5. #5
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    Default Re: Federal Charges - Regulatory or Criminal?

    The arguments you listed are not likely to prevail ... they have been made - unsuccessfully - on countless occasions. I won't bother to go into great detail as the discussions are all over the internet and legal websites, but, in short, arguing that drug crimes are somehow unconstitutional will fail.

    As for the term "corpus delicti", that means, literally, the 'body of the crime'. It has nothing to do with that "loss or harm" bit. The term refers to the elements of an offense - the body and the facts to establish that a particular crime has been committed.

    - Carl

  6. #6
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    Default Re: Federal Charges - Regulatory or Criminal?

    Quote Quoting cdwjava
    View Post
    The arguments you listed are not likely to prevail ... they have been made - unsuccessfully - on countless occasions. I won't bother to go into great detail as the discussions are all over the internet and legal websites, but, in short, arguing that drug crimes are somehow unconstitutional will fail.

    As for the term "corpus delicti", that means, literally, the 'body of the crime'. It has nothing to do with that "loss or harm" bit. The term refers to the elements of an offense - the body and the facts to establish that a particular crime has been committed.

    - Carl
    Thanks.
    It's nice to get confirmation that really don't stand a chance
    (Bitter sarcasm - not to be taken offensively or ineffectually - a sad attempt to shine some comic relief in the dark confines of these criminal matters. I really do appreciate any and all input. If you keep telling me why not, I'll keep looking for a different reason why )

    Here's where I'm coming from with the Corpus Delicti thing;

    The concept of corpus delicti involves two component parts of a crime, including,
    (1) the occurrence of the specific injury or loss and
    (2) somebody'scriminality as the source of the loss.
    United States v. Shunk, 881 F.2d 917, 918–19
    (10th Cir. 1989).


    As there is no "specific injury or loss" there is no corpus delicti.

    A victimless crime cannot be a crime.

    This also undermines the United State's standing in the matter, as the United States is not suffering a Loss or Injury.

    If they have no standing, there is no federal jurisdiction.

    "Controversies to which the United States shall be a Party" (Article III section 2, U.S. Constitution defining Federal Court jurisdictions)

    Controversy; "a controversy differs from a case. While the latter includes all suits, criminal as well as civil, a controversy is a purely civil proceeding.
    For example, the Constitution of the United States states that "the judicial Power shall extend to ... Controversies to which the United States shall be a Party" (Article 3, Section 2). The meaning to be attached to the word Controversy in the constitution is that given above.

    The Case or Controversy Clause of Article III of the United State's Constitution (Art. III, Section 2, Clause 1) has been deemed to impose a requirement that United States federal courts are not permitted to hear cases that do not pose an actual controversy—that is, an actual dispute between adverse parties which is capable of being resolved by the court. That is, Article III court's can not issue advisory opinions."

    I need a better source for that;
    http://en.wikipedia.org/wiki/Controversy


    Since this is a criminal case, it cannot be controversy.
    There is no federal jurisdiction.

    (Did I read that correctly? Controversy is Civil only?)




    Alright - I seem to have found the answer to "Criminal Jurisdiction" of the Federal courts (Wikipedia again - http://en.wikipedia.org/wiki/Criminal_jurisdiction);

    "For a federal court to have jurisdiction, the crime to be prosecuted must either have been created pursuant to an express or implied constitutional grant of authority, or must have been committed in an area owned by or under the exclusive control of the federal government. Examples of crimes that are based on constitutional grants of authority include tax evasion (implied from the Article I grant of power in the Taxing and Spending Clause, and in the Sixteenth Amendment); possessing illegal substances (under the Commerce Clause), and conspiring to violate civil rights (under the Fourteenth Amendment). Courts have given a particularly broad interpretation to the Commerce Clause power, permitting Congress to make a federal crime of many common law crimes such as kidnapping or murder if state lines are crossed during commission of the crime, and such as embezzlement and blackmail using instrumentalities of commerce such as telephone lines or the U.S. mail."



    So it doesn't look like I can have the case tossed for jurisdiction (though if I file the motion and the prosecution cannot challenge it, does it get admitted?)


    Conspiring to violate Civil rights...
    Now that I can work with

    The drug laws have been upheld to be constitutional based on the interstate commerce clause.
    I challenge that based on the 18th and 21st amendments.
    I challenge that the drug laws are a conspiracy to violate citizen's civil rights (Right to privacy, contract, equal protection under the law (drug laws are very racially selective))
    They also violate the rights of Life, Liberty, and Property.

    The rights of a sovereign individual always trump the rights of the government.

    If they fail to trump the rights of the government, the government shall lose consent of the governed and be disbanded.

    Using the commerce clause to infringe upon the rights of an individual is immoral, unjust, and in direct contradiction to the purpose and scope of the Constitution - to prevent the government from infringing upon the rights of its citizens.

    Well Carl, do I have anything I can run with here?
    I'm still hoping I can find something.

  7. #7
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    Default Re: Federal Charges - Regulatory or Criminal?

    Quote Quoting Kalash
    As there is no "specific injury or loss" there is no corpus delicti.
    Not true.

    A victimless crime cannot be a crime.
    Also, not true. The state is the "victim" in those crimes, so if you really must have a "victim" I suppose you could argue that.

    If they have no standing, there is no federal jurisdiction.
    Knock yourself out on that one ... good luck.

    You do know that this is NOT new ground, right?

    Well Carl, do I have anything I can run with here?
    I'm still hoping I can find something.
    You have mentioned nothing I have not heard before. However, I am not an attorney, and am not inclined to spend a great deal of time researching the same ground once more.

    If you want to even have a remote chance of successfully dazzling the court with this kind of B.S. rather than pissing the court off, you had best get an attorney that is willing to argue this hullabaloo.

    - Carl

  8. #8
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    Default Re: Federal Charges - Regulatory or Criminal?

    Ok.
    Thanks.

    I guess I should start giving up.

    Part of me knows this is what I need to do, but the rest of me is still itching to stand up for myself, my rights, and the rights of the rest of the citizens of this nation.


    Thanks for responding.
    I really appreciate it.

    That post took about 3 hours to type - 2 1/2 of it being continued research.

    All the loopholes I find keep closing.

    I still think it's screwy that Congress can create a special jurisdiction for a set of laws.
    Not arguing they can't - just saying it'd dumb.

    What good does it do to restrict their scope of power if they can expand it with the wave of a wand (er... Pen)?



    What I can stand on - I was denied my right to attorney during questioning.
    That one I don't think anyone can challenge.

    It won't do anything/much for me, but it could get 2 of my co-defendants off under the fruit of the poisonous tree doctrine.

    I'm just looking to exhaust all my options.
    You've helped a lot.
    Thanks again.

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