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veggie

Registered: 07/25/04
Posts: 17,504
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Owner of hippie store could face federal charges [WY]
#7439783 - 09/22/07 08:59 AM (16 years, 4 months ago) |
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Owner of hippie store could face federal charges By MEAD GRUVER Associated Press September 22, 2007 - Star Tribune
CHEYENNE -- A man acquitted in state court of possessing and delivering drug paraphernalia can still be tried on the same facts in federal court, a federal judge ruled Thursday.
Jeffrey Doles has said the variety of pipes he sold at his Gillette store, Hip Hop Hippies, were for smoking tobacco or herbal products, not marijuana. Police said the items were drug paraphernalia and arrested him in 2005. He was later acquitted of state charges.
Earlier this year, federal prosecutors filed three charges against Doles. In July, his attorney, Daniel Blythe, filed a motion seeking to dismiss one of those charges, arguing double jeopardy.
On Thursday, U.S. District Judge Clarence Brimmer cited a recent ruling by the 10th Circuit Court of Appeals in Denver in the killing of an Oklahoma Highway Patrol trooper during a drug raid. The ruling said federal and state charges based on the same facts are not double jeopardy.
He also denied the defense's argument that prosecutors violated the Petite policy, which says federal charges are not to be filed after a case has been resolved in state court. The judges in the Oklahoma case found that the policy was neither law nor precedent, only a guideline to help prosecutors decide how to use their resources.
During arguments on the motion, Doles became upset with Blythe and, at one point, asked the judge for another public defender.
"(Blythe) argued against his own motion," Doles told the judge.
But the judge denied the request, calling Blythe a "good man."
"I think you've got what's probably the best public defender in the state," Brimmer told Doles.
The Oklahoma case could still play a role in Doles' case. Blythe noted in his motion that the two cases were similar and that the Oklahoma case could be overturned, such as in an appeal to the U.S. Supreme Court.
Brimmer also denied several other defense motions, including one to suppress evidence. Blythe had argued Doles was improperly arrested, without a warrant and before he had sold anything that day.
But Brimmer heard testimony from the Gillette police officer who arrested Doles and said he was satisfied Doles planned to sell the items displayed in his store.
"A warrantless arrest was proper in this case," Brimmer said.
Brimmer also upheld a motion by Assistant U.S. Attorney Stephanie Sprecher against mentioning either of the two state court cases during the federal trial.
Thursday's rulings cleared the way for trial to begin. If convicted, Doles could face up to nine years in prison.
Last month, the state Supreme Court upheld a civil forfeiture case against Doles. As a result, police can keep thousands of items seized from Doles' store during three raids in 2005 and 2006.
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Puck
Stranger



Registered: 08/01/07
Posts: 55
Last seen: 15 years, 7 months
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Re: Owner of hippie store could face federal charges [WY] [Re: veggie]
#7439797 - 09/22/07 09:04 AM (16 years, 4 months ago) |
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Let's continue to fuck over nonviolent, law abiding citizens.
AMERICA! FUCK YEAH!
-------------------- “Watching television is like taking black spray paint to your third eye.”-Bill Hicks
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waixingren


Registered: 03/14/05
Posts: 2,644
Loc: SW Florida
Last seen: 9 days, 7 hours
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Re: Owner of hippie store could face federal charges [WY] [Re: veggie]
#7439816 - 09/22/07 09:11 AM (16 years, 4 months ago) |
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should we go take down rapists thieves and murderers? nah lets get the harmless hippie kids... It seems that imagination and free thoughts are now more dangerous than guns.
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Visionary Tools



Registered: 06/23/07
Posts: 7,953
Last seen: 1 year, 7 months
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Re: Owner of hippie store could face federal charges [WY] [Re: waixingren]
#7440169 - 09/22/07 11:24 AM (16 years, 4 months ago) |
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It's not that, it's just non violent citizens are a lot easier to arrest. They don't care about justice, just law.
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