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U.S. Attorney steps up case against Reese family by going over judge’s head
Gun Rights Examiner ^ | 5 March, 2013 | David Codrea

Posted on 03/06/2013 4:20:52 AM PST by marktwain

Stung by reversals in his office’s prosecution of the Reese family and mindful that scrutiny for his role in that case could derail his elevation to the federal bench, U.S. Attorney for the District of New Mexico Kenneth J. Gonzales filed three documents yesterday with the intent of denying a defense motion to dismiss outstanding counts and compel prosecutors to testify at an evidentiary hearing, and also to go over the head of U.S. District Court Judge Robert C. Brack.

“Notice is hereby given that the United States of America, plaintiff in this case, appeals to the United States Court of Appeals for the Tenth Circuit, pursuant to 18 U.S.C. ' 3731, from the Court’s Memorandum Opinion and Order (Doc. 404) entered on February 1, 2013, in which the Court granted the defendants’ motion for new trial on the counts of which the jury had found them guilty,” Gonzales wrote in a Notice of Appeal.

The second document, the United States’ Response in Opposition to Motion to Dismiss with Prejudice the Four Remaining Counts of the Indictment Based on Brady/Giglio Violations urges “The Court should deny the motion to dismiss and should do so without granting an evidentiary hearing.” The basic reasons they give, translated from arcane legalese, are they say they didn’t do anything wrong on purpose, what they did do wrong was just negligence because there were things they didn’t know, when they found out they’d messed up they tried to fix it, they’ve set up controls to keep it from happening again, and none of this warrants dismissal of the case. Plus they don't want to have to be questioned under oath about it.

(Excerpt) Read more at ...

TOPICS: Constitution/Conservatism; Crime/Corruption; News/Current Events; US: New Mexico
KEYWORDS: banglist; batf; guncontrol; nm; reese; secondamendment
The whole persecution reeks of totalitarian tactics. The entire family jailed for nearly a year and a half, without bond, on paperwork violations. All of their assets (a couple of million in property and inventory) impounded so that they could not hire attorneys. Numerous bogus charges brought in order to intimidate a plea bargain. The prosecutors should be on trial here.
1 posted on 03/06/2013 4:20:54 AM PST by marktwain
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To: marktwain

” The prosecutors should be on trial here. “

Prosecutors should be more then put on trial.

2 posted on 03/06/2013 4:25:25 AM PST by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: driftdiver

Good grief! I’m starting to think that an impromtu, closed fist meeting with some interested locals might be inorder.

3 posted on 03/06/2013 4:32:02 AM PST by tbpiper
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To: marktwain

US Attorney. So this guy was appointed by the foreign enemy combatant occupying our White House?

4 posted on 03/06/2013 4:43:28 AM PST by butterdezillion
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Vintage Remington 1861 Navy .36 conversion to .38 caliber:

This is a very interesting early cartridge conversion of an original Civil War era solid frame Remington Model 1861 Navy .36 percussion cap revolver to .38 caliber. with it*s vintage holster.

If you recall the dramatic duel scene in “PALE RIDER” this is basically a more modified and better version of the same Remington Navy revolver that Clint Eastwood used.

- It is likely done at the Remington factory in 1872-73 by milling off the cack of the percussion cylinder where the percussion caps were fitted over six threaded steel nipples and a thin round steel plate was fitted behind the new cartridge conversion cylinder so a modified hanner would strike the rimfire or centerfire metallic cartridges.

Note that the right side of the frame behind the cylinder was milled to now allow loading of conversion cylinder without the need to first remove the cylinder and the octagon barrel was shortened to reduce weight and make the revolver quicker on the draw.

Bore on these .31 Navy revolvers made by Colt, Remington, Whitney, and Manhattan is .375 - not .356-.358 as modern .38 caliber revolvers are.

This required/requires using a metallic cartridge with a lead bullet that is the same diameter as the brass or copper case.

It would look better blued as old flakey nickle plating looks quite bad. Stripping the nickle plating, buffing, and refinishing this vintage Rem Navy would much improve it*s spotty appearance - but it would cost quite a bit to do it correctly.

Relining the barrel bore to .358” and recutting the forcing cone and retiming the action and complete refinishing could run up to about $2900 at Peacemaker Specialities.

It would no longer be an “unmessed with” well-used frontier antique - but Colt and Remington did modify, restore, and refinish revolvers from 1872 until the 1920s.


5 posted on 03/06/2013 4:47:29 AM PST by devolve ( ------------ ---It is not where Obama was born that is the problem - it is where he*s living now -)
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To: tbpiper

This guy joins the ranks of such crazed prosecutors as Nifong and the prosecutor in the Zimmerman case.

Hopefullt the Reese’s will get some form of Justice and this guy will be treated as the pariah he is.

6 posted on 03/06/2013 4:57:48 AM PST by Venturer
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To: marktwain

The prosocutors are saying they do not want to be held accountable for mistakes they made while at the same time insisting the Reases should be held accountable for even lesser mistakes.

Makes sense in their twisted world.

Hopefully, the courts do the right thing and toss this prosecutor out on his ear.

7 posted on 03/06/2013 5:41:15 AM PST by SolidRedState (I used to think bizarro world was a fiction.)
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To: SolidRedState
The prosocutors are saying they do not want to be held accountable for mistakes they made while at the same time insisting the Reases should be held accountable for even lesser mistakes.

Sorry, but I doubt the prosecutors merely made mistakes. I believe they deliberately trampled the arrestees' civil rights from start to finish. The prosecutors deserve to be arrested, prosecuted, and if found guilty, sentenced to prison for long, long sentences.

8 posted on 03/06/2013 6:34:01 AM PST by Standing Wolf
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To: Standing Wolf

i agree, I was just trying to paraphrase what they were saying in thier brief.

9 posted on 03/06/2013 7:24:36 AM PST by SolidRedState (I used to think bizarro world was a fiction.)
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To: marktwain; LegendHasIt; leapfrog0202; Santa Fe_Conservative; DesertDreamer; OneWingedShark; ...
PING to this story and an earlier one on the Reese imprisonment not previously highlighted.

Defense moves to drop remaining counts against N.M. gun dealers(Reese Family)

NM list PING!

I may not PING for all New Mexico articles. To see New Mexico articles by topic click here: New Mexico Topics

To see NM articles by keyword, click here: New Mexico Keywords

To see the NM Message Page, click here: New Mexico Messages

(The NM list is available on my FR homepage for anyone to use. Let me know if you wish to be added or removed from the list.)

10 posted on 03/06/2013 7:37:33 AM PST by CedarDave (Marco Rubio takes a drink of water while the media swallows Obama's Kool-Aid)
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To: CedarDave

This story is so messed up; I really wish that prosecutor was prosecuted.

11 posted on 03/06/2013 4:26:21 PM PST by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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