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Tag: appeals

Appeals Court Upholds Murder Convictions in Death of Border Patrol Agent Brian Terry

Slain Border Patrol Agent Brian Terry.

By Steve Neavling

ticklethewire.com

Two men convicted in the 2010 murder of Border Patrol Agent Brian Terry lost their appeal in which they claimed they were illegally extradited.

The 9th Circuit Court of Appeals upheld the murder convictions of Ivan Soto-Barraza and Jesus Lionel Sanchez-Meza, who are serving life sentences, saying their extraditions were lawful, The Associated Press reports.

Terry was fatally shot during a firefight with a seven-men “rip crew” that robbed smugglers crossing the Arizona-Mexico border.

Terry’s death revealed the botched “Fast and Furious” operation in which federal agents permitted criminals to buy firearms so they could be tracked to criminal organizations.

Five other men have been indicted in connection with Terry’s murder.

FBI So Busy with Spike in Gun Background Checks That it Halted Appeals

gunsBy Steve Neavling
ticklethewire.com

The FBI has been so swamped with the increase in criminal background checks for gun purchasers that it has been forced to temporarily stop processing thousands of appeals from people who have been denied a firearm, the USA Today reports. 

The news comes after the FBI conducted more background checks for guns in 2015 than any previous year.

The FBI has about 50 analysts who handle appeals, but the employees were redeployed to keep up with the spike in background checks.

As a result of the redeployment, the FBI has a backlog of 7,100 appeals.

“The last several months, we’ve kind of found ourselves in a perfect storm,’’ Morris said in an interview with USA TODAY.

The spike in gun purchases followed several high-profile shooting massacres.

Fort Hood Shooter Gets Death Sentence But Years of Appeals Will Stall Execution

Steve Neavling
ticklethewire.com

Fort Hood shooter Nidal Hasan, who killed 13 people and wounded more than 30, was sentenced to death Wednesday but likely will stay alive for years, if not decades, the Associated Press reports.

And it doesn’t matter if Nidal Hasan wants to be executed.

The military justice system requires years – even decades – of appeals before someone is executed, the AP wrote.

‘‘If he really wants the death penalty, the appeals process won’t let it happen for a very long time,’’ said Joseph Gutheinz, a Texas attorney licensed by the United States Court of Appeals for the Armed Forces. ‘‘The military is going to want to do everything at its own pace. They’re not going to want to let the system kill him, even if that’s what he wants.’’

Hasan sprayed bullets at soldiers who were heading overseas or returning from combat deployments in 2009.

Terrorists Convictions Upheld in Plot to Bomb 110-Story Building and FBI Offices

By Danny Fenster
ticklethewire.com

The appeals of Narseal Batiste and followers were rejected in Atlanta on Tuesday, reports the Associated Press. Batiste and four others were convicted of plotting, in conjunction with al-Qaida, to destroy the 110-story Willis Tower in Chicago and to bomb FBI offices in several cities in May of 2009.

Batiste, cited as the group’s ringleader, questioned the sufficiency of the evidence, the FBI’s use of an informant posing as a member of al-Qaida and one juror’s dismissal amid deliberations in the trial. A three-judge panel in Atlanta’s 11th US Circuit Court of Appeals rejected the claims.

The men were convicted of providing material support to al-Qaida in addition to the plan to take down the hulking, 110-story Chicago skyscraper formerly known as the Sears Tower. Their stated goal was to “overthrow the US government,” according to the AP.

After two mistrials, they were convicted the third time around.

To read more click here.