Gambino/Martinez sentencing
Yesterday, we talked a bit about Anthony Gambino aka Anthony Martinez who was sentenced to six months in prison for weapons violations (a felon in possession of firearms) and for stolen valor. We got our grubby hands on the prosecutor’s recommendations for sentencing and it looks like the US Attorney recommended 37 months in prison;
Gambino Sentencing Memorandum by JonnLilyea on Scribd
Judge Judith C. Herrera, recommended for her seat on the bench by George W. Bush, disregarded the prosecutor’s recommendations. I suppose it’s because Gambino’s lawyers claimed the crime was a result of Gambino’s “personality disorder” and that, although his possession of a firearm was illegal, he was using the weapon for lawful purposes, both of those excuses the prosecutor disputes in his sentencing recommendations.
Obviously, Gambino was using his phony military service for “a tangible benefit”. The Purple Heart and the Combat Action Ribbon are both protected by Title 18 of the United States Code, Section 704, known as the Stolen Valor Act. Even without the weapons charges, the USC allows for a year sentence for each of those decorations, but the judge didn’t care about serving justice in this case.
Congress can write all of the laws they want in regards to gun control, but judges don’t have to enforce them, I guess.
Category: Stolen Valor Act
From the Wiki page, emphasis mine: “Born in Chicago, Illinois, Herrera received a Bachelor of Arts degree from the University of New Mexico in 1976 and a Juris Doctor from Georgetown University Law Center in 1979. She was an assistant district attorney in Santa Fe, New Mexico, from 1979 to 1980, and was then in private practice in Santa Fe until 2004. She was a member of the Santa Fe City Council from 1981 to 1986″
Chicago, Ill & Santa Fe, NM. From gangland to hippie hollow. Something tells me that if she ever had an (R) after her name it stood for RINO and she is a bleeding heart liberal who thinks legal gun owners are evil sub-humans.
I could be wrong, but I’d bet the case of Shiner Bock (again) that I’m not.
Not if she lived in Santa Fe.
That and Taos are renowned for having all the hippies who are too batshit crazy for Berkeley.
I’ve been through both of them. Passed through Taos once, in the early 2000’s, when the annual “family gathering” was happening in, I believe, Carson National Forest.
I was really astounded that there were that many left-overs from the 1960s.
I enjoy the Indian market in Santa Fe and looking at the old Spanish architecture, but there are too many chemically-“enhanced” mentalities in the AO for me.
Wasn’t He Who Shall Not Be Named, a sheriff’s deputy somewhere in New Mexico? Seems I remember him posting that he was. I wonder if he was in the county surrounding Santa Fe?
I think MAJ Fuckstick was in the Lordsburg area. That made him a “border security expert”.
But I bet she’d throw the book at him if he impersonated a judge…
Same reason it’s a civil case if I don’t pay you for painting my fence (or at worst misdemeanor theft), but it’s a felony for me to fail to pay my taxes.
…since Stolen valor is a “victimless” crime
All we need is more laws that these judges can ignore. That will fix everything. Works in California and Chicago.
Was in a courtroom when the Judge was confronted, I suppose, by a Public Defender who told him it was illegal for him to perform said action. His response, “I guess that’s why I have malpractice insurance isn’t it!” I was flabbergasted. Will County, Il. 1991. I’d always heard it was corrupt, got to experience it in person.
How the hell can you be using a weapon for “lawful purposes” when you’re not legally allowed to possess a weapon at all?
Our criminal justice system…
The gun was clearly his comfort companion weapon. He needs it medically.
/sarc
I know this is an old story, but is this what we’ve come to now? When did this country turn into such pussies we need “emotional support” for every damn thing that happens to us?
http://www.cnn.com/2014/11/30/travel/emotional-support-pig-booted-flight/index.html
Read the interview Terry Crews did describing how a gay agent made a pass at him by grabbing his junk. Not wanting to appear a classic thug, he resisted the urge to flatten the guy – but says he has PTSD from it. I’m thinking Mr. Crews needs some time volunteering in a rape crisis center or VA hospital and maybe see what PTSD looks like in reality, not Hollywierd.
Just saw an article last week about a guy (think it was FL) having his emotional support squirrel (kid you not) evicted from his apt.
Yep, Florida. It’s a fricken wild animal!
http://www.foxnews.com/us/2017/11/14/florida-man-in-desperate-struggle-to-save-his-emotional-support-squirrel-from-eviction.html
I have a 1911 companion that comforts me. So does MRS D. Why don’t you? 😉
Always wanted a 1911 companion. Just can’t justify it to the Mrs. You have enough guns, she says. I tell her, guns, knives, flashlights, and flat screen HDTVs are all in the never too many category!
Co-worker of mine had a really nice Kimber double stack 1911 that I would have been hardpressed not to buy, so thankfully he sold it to someone else first.
Guns, knives, and flashlights, I get. The flat screen HDTV, not so much. Got one and don’t watch it…
Fired one of the Colt variety over 25 years ago. Yeah, it was pretty sweet. This one had been carried during WWI and was well cared for since then. Don’t think they were calling it a 1911 when this one was manufactured, at least don’t remember it being etched with anything other than “Colt .45cal” and the words “US Government.”
Anyway, don’t need one, but will always remember that experience firing it from the owner’s back deck into the hillside. Felt like being a part of history. Yes, that particular 1911 has changed hands since then but is still in the original family and that time 25 years ago or so may be that last time it was fired.
Those pesky weapons laws were just incarcerating too many of the liberals base, so in California (land of the nuts and berries) Governor Moonbeam just signed a law that strikes down mandatory sentencing for use of a gun. Now it’s up to the judges, and we can see how concerned they are about things like felon in possession of a firearm. But in the meantime, they’re busy passing MORE gun laws that mostly affect the law abiding gun owner.
https://www.californiacriminaldefenselawyerblog.com/2017/10/new-california-law-allows-judges-strike-firearm-sentencing-enhancements.html
Only to a leftist would such braindead bullshit make sense.. lets pass more laws restricting ownership of guns, followed by laws saying we don’t have to enforce them… yeah, that makes total sense! Can’t we help along the San Andres fault, and let the coastal part of the state drift off to Japan or something?
I got a crow bar.
That argument is bullshit. You don’t see me going around breaking the law, and I’m narcissistic as fuck!
The link to the California law was interesting
Judges in California no longer have to abide by the sentencing enhancement for using a firearm in the commission of a felony
The case that triggered passage of the “ignore enhancement law l” was a juvenile who participated in a drive by shooting
He argued that he did not pull the trigger, so it was unfair that he got extra prison time
I do not see anything wrong with giving him an extra 25 years as he was involved in the crime
It is immaterial whether he pulled the trigger or not
Now he won’t hurt any citizens
Until they let him out in half that time
So you’d rather punish than rehabilitate? We already know that doesn’t work. We are talking about a CHILD here. When he gets out in 25 years, he’ll be a middle-age man – and likely, a very hardened criminal besides. Way to go, bro.
Let’s rehabilitate. We’ve seen that rehabilitation works in German and Swedish prisons. Why not bring that here to America?
Punish, then rehabilitate. Like hitting the mule with a 2×4, you have to get their attention first. I’d be all over bringing in Singapore-style caning here to do just that. How many kids could be saved from a life of crime if they were publicly whipped after the minor transgressions? Worth trying – better than an 18 year old on Death Row.
Don’t try to reason with Ozzie, he’s a little proggie.
He is not a child. He is a grown man, responsible for his own actions, capable of making his own decisions, and abiding the consequences of those decisions.
He willingly broke a law and the terms of his probation. The failure of the court to apply the law in full force to him will not help him in the least.
I’ve worked in the prison industry for nearly 30 years, in one capacity or another. One thing you bleeding hearts appear incapable of understanding is that unless the individual wants to be rehabilitated, all your feel-good drum-circles in the world do absolutely nothing to change them.
Very often it is only when these criminals hit rock bottom that they even begin to think about changing. Most prison systems have programs in place to help reduce recidivism by helping the convicts to change their mindset and lifestyle. But the convict needs to want to change.
I would argue that the penal systems in these United States are doing a great job at working to rehabilitate those who wish to be rehabilitated.
But your unicorn-sparkles idea is idiotic in the extreme. “Poor baby, he is just a child! Won’t someone have pity on him?” GMAFB These guys are the ultimate con artists, able to manipulate idiots like you to do anything they want. If you ever work in a correctional institution these convicts will have you wrapped around their little finger – or some other appendage – in no time.
Go soak your head.
And by the time the criminal justice system gets ahold of them they’ve been let down by;
-Their Parents
-Their Schools
-Their Churchs
-Their Community
-The Juvenile Justice System
Nobody along the way has taught them how to be productive members of society. They learn that there are no consequences to their actions. At some point they need to be punished, and it’s usually after they’ve committed a major felony.
We’ve arrived at a system where it’s always someone else’s responsibility. The buck stops at the badges, who are called when all the hugs and polite “stop that, please” haven’t worked.
If it works so well “in German and Swedish prisons”, why don’t they send their muslim rapists and murderers to prison?
You seem to think that the ute who participated in the drive-by deserves kudos, not incarceration? Tell us, ozzie, do you think that he knew the difference between right and wrong?
Yeah, Germany and Sweden are doing so well at protecting their citizens – with “no go” zones that not even their LEO will enter, and sex assaults by “immigrants” on the rise.
And don’t get me started on France struggling with the question of whether or not a man in his 20s who had sex with an 11 year old girl committed rape. If Ozzie likes the European Utopia, he may go live there FAIC. I don’t like Johnny Depp, but at least he is living in the European Utopia where he can suffer all of it’s pleasures.
Ozzie, do us a favor, grab both of your ears and pull as hard as you can until you hear a *POP!* which will be the sound of your head coming out of your ass. trust me, it’s so far up there the only daylight you see is through your bellybutton!
Poor “Ozzie”… He is NOT from Australia & most likely from England or Europe where they reward such behaviour with reduced sentences and take pity on such simple minded fools.
There is none so blind, as those who cannot see.