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Corrupt Government
See other Corrupt Government Articles

Title: Jury convicts 2 from Detroit police of robbing drug dealers
Source: Midland Daily News
URL Source: http://www.ourmidland.com/news/jury ... 17-11e6-aac1-6b435bfd6f53.html
Published: Jul 12, 2016
Author: Staff
Post Date: 2016-07-12 10:58:54 by Deckard
Keywords: None
Views: 733
Comments: 10

DETROIT (AP) — A Detroit police lieutenant and an officer have been convicted of robbing drug dealers and stealing drugs and money obtained in police searches.

The U.S. attorney's office in Detroit said Lt. David Hansberry and Officer Bryan Watson were found guilty by a jury on Monday after a five-week trial. They were convicted on charges of conspiracy to interfere with commerce by extortion and robbery, but acquitted of several other charges.

The conspiracy conviction carries a maximum sentence of 20 years in prison. Sentencing is set for Nov. 11.

Hansberry and Watson have denied wrongdoing.

Detroit Police Chief James Craig said in a statement the men "betrayed their oath and their fellow officers."

A third man, Kevlin Brown, was acquitted of one count of interference with commerce by robbery and extortion.

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#1. To: Roscoe, misterwhite, GrandIsland (#0)

A Detroit police lieutenant and an officer have been convicted of robbing drug dealers and stealing drugs and money obtained in police searches.

Your idea of "good cops"?

“Truth is treason in the empire of lies.” - Ron Paul

"America is at that awkward stage. It's too late to work within the system, but too early to shoot the bastards."

Deckard  posted on  2016-07-12   11:13:25 ET  Reply   Trace   Private Reply  


#2. To: Deckard (#1) (Edited)

He could go to work for Hillary.

Roscoe  posted on  2016-07-12   11:18:23 ET  (1 image) Reply   Trace   Private Reply  


#3. To: Deckard (#0)

"They were convicted on charges of conspiracy to interfere with commerce by extortion and robbery"

Let's be clear. The "commerce" with which they were interfering was illegal commerce.

misterwhite  posted on  2016-07-12   11:25:39 ET  Reply   Trace   Private Reply  


#4. To: misterwhite (#3) (Edited)

The "commerce" with which they were interfering was illegal commerce.

Attaboy!

Even when these corrupt cops are found guilty, you still come up with a way to defend their actions.

BTW - it doesn't say that the commerce was illegal.

Why would they even be charged in that case?

“Truth is treason in the empire of lies.” - Ron Paul

"America is at that awkward stage. It's too late to work within the system, but too early to shoot the bastards."

Deckard  posted on  2016-07-12   11:28:52 ET  Reply   Trace   Private Reply  


#5. To: misterwhite (#3)

illegal commerce

That's probably the overwhelming majority of commerce in Democrat Detroit.

Roscoe  posted on  2016-07-12   11:41:24 ET  Reply   Trace   Private Reply  


#6. To: Deckard (#4)

"BTW - it doesn't say that the commerce was illegal."

They were dealing drugs. Safe to assume it wasn't Tylenol.

"Why would they even be charged in that case?"

Good question.

misterwhite  posted on  2016-07-12   12:57:54 ET  Reply   Trace   Private Reply  


#7. To: Deckard, misterwhite, Roscoe, GrandIsland (#4)

BTW - it doesn't say that the commerce was illegal.

Why would they even be charged in that case?

http://www.nbcnews.com/news/us-news/detroit-police-officers-charged-stealing-selling-drugs-n338931

The officers were each charged with eight different counts, each with penalties ranging from 5 years to life in prison. The charges are conspiracy to possess with intent to distribute narcotics, conspiracy to interfere with commerce by robbery, multiple counts of interference with commerce by robbery and extortion, possession with intent to distribute five or more kilograms of cocaine and two counts of possessing a firearm in furtherance of a crime of violence and drug trafficking crime.

An associate of Hansberry, Kevlin Omar Brown, 45, was charged with one count of interference with commerce by robbery and extortion.

Indictment of Detroit police officers by Detroit Free Press on Scribd

nolu chan  posted on  2016-07-12   16:24:09 ET  Reply   Trace   Private Reply  


#8. To: misterwhite, Deckard (#6)

Good question.

Re Federal jurisdiction? The prosecution was in Federal court.

nolu chan  posted on  2016-07-12   16:29:38 ET  Reply   Trace   Private Reply  


#9. To: nolu chan (#8)

"Re Federal jurisdiction?"

No. I'm asking. If I rob a drug dealer, is that a crime?

Granted, by robbing the drug dealer I'm "interfering with commerce by ... robbery", but doesn't the government do the same every time they arrest a drug dealer?

misterwhite  posted on  2016-07-13   9:56:19 ET  Reply   Trace   Private Reply  


#10. To: misterwhite (#9)

If I rob a drug dealer, is that a crime?

Granted, by robbing the drug dealer I'm "interfering with commerce by ... robbery", but doesn't the government do the same every time they arrest a drug dealer?

Commerce as defined in Black's Law Dictionary, 6th Ed.

Commerce. The exchange of goods, productions, or property of any kind; the buying, selling, and exchanging of articles.

Commerce involving unlawful product is still commerce. When the government interferes with such commerce, their action is lawful. If the LEO take the product for his own benefit, that's robbery. If you rob a drug dealer, that is a crime which can be charged federally.

As best I can figure it, it is commerce under 18 U.S.C. § 1951 which includes a specific definition of commerce applicable to that statute. The acts in question fall under "all other commerce over which the United States has jurisdiction," because the U.S. exerts jurisdiction over the distribution of the controlled substances under 21 U.S.C. § 841(a)(1). They have to charge the offense in such a manner to invoke Federal jurisdiction.

The charged violations cited:

18 U.S.C. § 1951

http://law.justia.com/codes/us/2013/title-18/part-i/chapter-95/

2013 US Code
Title 18 - Crimes and Criminal Procedure
Part I - CRIMES (§§ 1 - 2725)
Chapter 95 - RACKETEERING (§§ 1951 - 1960)

Interference with commerce by threats or violence - 18 U.S.C. § 1951 (2013)

§1951. Interference with commerce by threats or violence

(a) Whoever in any way or degree obstructs, delays, or affects commerce or the movement of any article or commodity in commerce, by robbery or extortion or attempts or conspires so to do, or commits or threatens physical violence to any person or property in furtherance of a plan or purpose to do anything in violation of this section shall be fined under this title or imprisoned not more than twenty years, or both.

(b) As used in this section—

(1) The term "robbery" means the unlawful taking or obtaining of personal property from the person or in the presence of another, against his will, by means of actual or threatened force, or violence, or fear of injury, immediate or future, to his person or property, or property in his custody or possession, or the person or property of a relative or member of his family or of anyone in his company at the time of the taking or obtaining.

(2) The term "extortion" means the obtaining of property from another, with his consent, induced by wrongful use of actual or threatened force, violence, or fear, or under color of official right.

(3) The term "commerce" means commerce within the District of Columbia, or any Territory or Possession of the United States; all commerce between any point in a State, Territory, Possession, or the District of Columbia and any point outside thereof; all commerce between points within the same State through any place outside such State; and all other commerce over which the United States has jurisdiction.

(c) This section shall not be construed to repeal, modify or affect section 17 of Title 15, sections 52, 101–115, 151–166 of Title 29 or sections 151–188 of Title 45.

- - - - - - - - - -

And also cited the following:

http://law.justia.com/codes/us/2013/title-21/chapter-13/subchapter-i/part-d/section-841/

21 U.S.C. § 841(a)(1)

Prohibited acts A - 21 U.S.C. § 841 (2013)

§841. Prohibited acts A

(a) Unlawful acts

Except as authorized by this subchapter, it shall be unlawful for any person knowingly or intentionally—

(1) to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance; or

(2) to create, distribute, or dispense, or possess with intent to distribute or dispense, a counterfeit substance.

21 U.S.C. § 846

http://law.justia.com/codes/us/2013/title-21/chapter-13/subchapter-i/part-d/section-846/

Attempt and conspiracy - 21 U.S.C. § 846 (2013)

§846. Attempt and conspiracy

Any person who attempts or conspires to commit any offense defined in this subchapter shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy.

18 U.S.C. § 924(c)

http://law.justia.com/codes/us/2013/title-18/part-i/chapter-44/section-924/

2013 US Code
Title 18 - Crimes and Criminal Procedure
Part I - CRIMES (§§ 1 - 2725)
Chapter 44 - FIREARMS (§§ 921 - 931)
Section 924 - Penalties

Penalties - 18 U.S.C. § 924 (2013)

§924. Penalties

[...]

(c)(1)(A) Except to the extent that a greater minimum sentence is otherwise provided by this subsection or by any other provision of law, any person who, during and in relation to any crime of violence or drug trafficking crime (including a crime of violence or drug trafficking crime that provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device) for which the person may be prosecuted in a court of the United States, uses or carries a firearm, or who, in furtherance of any such crime, possesses a firearm, shall, in addition to the punishment provided for such crime of violence or drug trafficking crime—

(i) be sentenced to a term of imprisonment of not less than 5 years;

(ii) if the firearm is brandished, be sentenced to a term of imprisonment of not less than 7 years; and

(iii) if the firearm is discharged, be sentenced to a term of imprisonment of not less than 10 years.

(B) If the firearm possessed by a person convicted of a violation of this subsection—

(i) is a short-barreled rifle, short-barreled shotgun, or semiautomatic assault weapon, the person shall be sentenced to a term of imprisonment of not less than 10 years; or

(ii) is a machinegun or a destructive device, or is equipped with a firearm silencer or firearm muffler, the person shall be sentenced to a term of imprisonment of not less than 30 years.

(C) In the case of a second or subsequent conviction under this subsection, the person shall—

(i) be sentenced to a term of imprisonment of not less than 25 years; and

(ii) if the firearm involved is a machinegun or a destructive device, or is equipped with a firearm silencer or firearm muffler, be sentenced to imprisonment for life.

(D) Notwithstanding any other provision of law—

(i) a court shall not place on probation any person convicted of a violation of this subsection; and

(ii) no term of imprisonment imposed on a person under this subsection shall run concurrently with any other term of imprisonment imposed on the person, including any term of imprisonment imposed for the crime of violence or drug trafficking crime during which the firearm was used, carried, or possessed.

(2) For purposes of this subsection, the term "drug trafficking crime" means any felony punishable under the Controlled Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title 46.

(3) For purposes of this subsection the term "crime of violence" means an offense that is a felony and—

(A) has as an element the use, attempted use, or threatened use of physical force against the person or property of another, or

(B) that by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.

(4) For purposes of this subsection, the term "brandish" means, with respect to a firearm, to display all or part of the firearm, or otherwise make the presence of the firearm known to another person, in order to intimidate that person, regardless of whether the firearm is directly visible to that person.

(5) Except to the extent that a greater minimum sentence is otherwise provided under this subsection, or by any other provision of law, any person who, during and in relation to any crime of violence or drug trafficking crime (including a crime of violence or drug trafficking crime that provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device) for which the person may be prosecuted in a court of the United States, uses or carries armor piercing ammunition, or who, in furtherance of any such crime, possesses armor piercing ammunition, shall, in addition to the punishment provided for such crime of violence or drug trafficking crime or conviction under this section—

(A) be sentenced to a term of imprisonment of not less than 15 years; and

(B) if death results from the use of such ammunition—

(i) if the killing is murder (as defined in section 1111), be punished by death or sentenced to a term of imprisonment for any term of years or for life; and

(ii) if the killing is manslaughter (as defined in section 1112), be punished as provided in section

nolu chan  posted on  2016-07-13   13:47:08 ET  Reply   Trace   Private Reply  


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