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United States of America v Place

Pays/Territoire
États-Unis d'Amérique
Type de cour
Nationale- cour inférieure
Date
Jui 20, 2014
Source
UNEP, InforMEA
Nom du tribunal
United States District Court for the District of Massachusetts
Langue
Anglais
Sujet
Espèces sauvages et écosystèmes
Résumé
In March, 2011, a federal jury in this Court convicted Place of participating in criminal conspiracies to violate the Lacey and Endangered Species Acts in violation of 18 U.S.C.§ 371, engaging in the illegal trade of sperm whale teeth in violation of the Lacey Act, 16 U.S.C.§§ 3372-3373 and smuggling sperm whale teeth and narwahl tusks into the United States in violation of 18 U.S.C.§ 545. He was sentenced to 33 months in prison followed by a 24-month term of supervised release. Place's convictions was affirmed on appeal in August, 2012. In May, 2013, Place moved to vacate, set aside or correct his sentence under 28 U.S.C. § 2255. Place claims that (1) he was deprived of his right to effective assistance of counsel both at trial and on appeal, (2) he was the victim of prosecutorial misconduct and (3) the trial judge was vindictive and should recuse himself from the instant proceedings. Shortly thereafter, the Court found that Place had waived his attorney-client privilege and advised his former defense counsel that they should submit to an interview with the government or file affidavits addressing the issues Place raised in his petition Place's counsel refused to provide the information until ordered to do so. The Court acknowledged that the government would be unable to respond to Place's claims of ineffective assistance without information from his defense counsel and ordered them to comply. Judgment: The petitioner's Motion to Vacate, Set Aside, or Correct a Sentence by a Person in Federal Custody under 28 U.S.C.§ 2255 is denied and the Petition is dismissed. (Provided by; UNODC SHERLOC)
Texte intégral
USA-4.pdf
Site web
www.unodc.org