NM:Reese family challenges appeals panel overturning of new trial order

Gun Rights Examiner ^ | 3 April, 2014 | David Codrea

[marktwain]

Attorneys for the Reese family filed a petition for rehearing en banc Tuesday in the United States Court of Appeals for the Tenth Circuit in Denver. This latest move by the defense challenges a March 19 decision by a three judge panel overturning a District Court decision that the family of former gun dealers merited a new trial based on the prosecution withholding evidence that a witness had been the subject of a criminal investigation.

The panel’s ruling last month was another in a series of setbacks for a family that has endured an ordeal approaching three years. Arrested in 2011 for allegedly knowingly selling guns to cartel members while operating a New Mexico gun store, all Reese family members were found not guilty on the most serious charges of conspiracy. Additionally and significantly, money laundering charges against them were dismissed. Husband Rick, wife Terri and son Ryin were convicted on a handful of lesser charges of making false statements on forms, basically under the presumption that they should have known federal agents were lying, and son Remington was cleared of all charges.

Challenging that panel’s findings, the defense is arguing, among other things, that it lacked appropriate authority, that the decision “wrongfully refused to examine the District Court’s findings of fact for clear error," and that it “whitewashed the government’s deliberate wrongful violation[s].”

[marktwain]

The Federal government seized over a million dollars in assets, (inventory, guns, records, cash, coins, supplies) not leaving them anything to fight the charges with. It has become a common tactic, introduced and celebrated by the drug war.

[Foundahardheadedwoman]

I was only told recently that there was to be a rally in April in Ct. No date and did not see any other info on it. I would have gone. To late now. Any info for future protests would be welcome.

[MileHi]

Nightmare saga

[CedarDave]

A story you may have missed.

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