Federal v. State Law

[jb97127]

What is the name of your state? TEXAS

Texas law v. Federal rulings:

First off, I am not in the legal field so I ask dumb,stupid questions at times. Please dont jump on me and imply Im stupid. OKay? Thank you.

Lady got 170 year prison term on drug charges.

QUESTION:

Texas law allows, ( apparently ) rocks, twigs and any other trash to be included in the " aggregate weight" of a drug sample whereas in the U S Court of Appeals, 7th Circuit, NO. 03-1857, United States of America vrs.
James D. Stewart, the presiding Judge, Bauer, said basically that you cant use trash as aggregate drug weight. I think thats the ruling as I read it. Like I said, Im not a lawer or even in the legal field. Im only trying to help a woman, who I never met. I think she apparantly got hosed but good.

So, can anyone compare the federal ruling against Texas law and tell me which should have prevailed in the lady's trail.?? would she have a case for an appeal or even a retrial?

Texas sentenced her under : Chapter 481, Texas Controlled Substance Act, Offense Manufacture or delivery of a Controlled Substance. 481.112(f)
(f[0]) An offense under Subsection (a) is punishable by imprisonment in the institutional division of the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 15 years, and a fine not to exceed $250,000, if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, 400 grams or more

Would not this be contrary to the US Court of Appeals ruling????????

Does anyone even care ???

Tracy would really appreciate any help you may have to offer her.. I am thanking you now, Thank you.

Please email me if you have any input.

[CdwJava]

Originally Posted by jb97127

Texas law allows, ( apparently ) rocks, twigs and any other trash to be included in the " aggregate weight" of a drug sample whereas in the U S Court of Appeals, 7th Circuit, NO. 03-1857, United States of America vrs.
James D. Stewart, the presiding Judge, Bauer, said basically that you cant use trash as aggregate drug weight. I think thats the ruling as I read it. Like I said, Im not a lawer or even in the legal field. Im only trying to help a woman, who I never met. I think she apparantly got hosed but good.

Because the 7th Circuit court of appeals does not apply to Texas - that court's jurisdiction is limited to Illinois, Indian, and Wisconsin. Any decision by the 7th is not directly binding on the state of Texas.

- Carl

[jb97127]

Originally Posted by CdwJava

Because the 7th Circuit court of appeals does not apply to Texas - that court's jurisdiction is limited to Illinois, Indian, and Wisconsin. Any decision by the 7th is not directly binding on the state of Texas.

- Carl

This time I really mean it, THANK YOU. Someone finally gave me an answere that was not filled with bull**** or snidness.

[CdwJava]

Originally Posted by jb97127

This time I really mean it, THANK YOU. Someone finally gave me an answere that was not filled with bull**** or snidness.

You're welcome.

- Carl

[shopgirl57]

Originally Posted by jb97127

This time I really mean it, THANK YOU. Someone finally gave me an answere that was not filled with bull**** or snidness.

Carl does know the law, he is a cop, who takes up his time to answer our questions, and he does not get snippy.

Originally Posted by jb97127

...Texas law allows, ( apparently ) rocks, twigs and any other trash to be included in the " aggregate weight" of a drug sample....

You wouldn't happen to have a statute or a case to back you up on that do you?

This doesn't sound right....

[jb97127]

Originally Posted by seniorjudge

You wouldn't happen to have a statute or a case to back you up on that do you?

This doesn't sound right....

US Court of Appeals, 7Th District,United States of America v James D Stewart, Case No# 03-1875..Decided March 16, 2004..This pertains on what you can include in drug weight and what you can not basically.

As for Texas law, refer to 481.112...Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 15 years, and a fine not to exceed $250,000, if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, 400 grams or more. Acts 1989, 71st Leg.,aportion thereof..the crime lab report,I have a copy, shows that out of a sample of1177 grams, 1138 grams were rocks,twigs with only a trace of meth.and 38 grams of the remaining was marihuana.The report showed about 1-2 grams of methamphetamine.

Now I never claimed this lady was an angel, but 170 years!! come on.

Originally Posted by jb97127

US Court of Appeals, 7Th District,United States of America v James D Stewart, Case No# 03-1875..Decided March 16, 2004..

As Carl already told you, that does not apply to Texas.


Texas law allows, ( apparently ) rocks, twigs and any other trash to be included in the " aggregate weight" of a drug sample....

So, do you have any statute, law, ordinance, case, any other legal authority to back up your statement?

Thank you.

[jb97127]

Originally Posted by seniorjudge

As Carl already told you, that does not apply to Texas.


Texas law allows, ( apparently ) rocks, twigs and any other trash to be included in the " aggregate weight" of a drug sample....

So, do you have any statute, law, ordinance, case, any other legal authority to back up your statement?

Thank you.

US Court of Appeals, 7Th District,United States of America v James D Stewart, Case No# 03-1875..Decided March 16, 2004..This pertains on what you can include in drug weight and what you can not basically.

As for Texas law, refer to 481.112...Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 15 years, and a fine not to exceed $250,000, if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, 400 grams or more. Acts 1989, 71st Leg.,aportion thereof..the crime lab report,I have a copy, shows that out of a sample of1177 grams, 1138 grams were rocks,twigs with only a trace of meth.and 38 grams of the remaining was marihuana.The report showed about 1-2 grams of methamphetamine.

Now I never claimed this lady was an angel, but 170 years!! come on.

[parrotmom]

Originally Posted by shopgirl57

Carl does know the law, he is a cop, who takes up his time to answer our questions, and he does not get snippy.

Re-read the OP's comment. The OP was thanking Carl**************..

[CdwJava]

Question: How many prior convictions and/or arrests does she have for the same sort of thing? or for anything at all?

There could be enhancements that apply here.

- Carl

Originally Posted by jb97127

US Court of Appeals, 7Th District,United States of America v James D Stewart, Case No# 03-1875..Decided March 16, 2004..This pertains on what you can include in drug weight and what you can not basically.

As for Texas law, refer to 481.112...Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 15 years, and a fine not to exceed $250,000, if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, 400 grams or more. Acts 1989, 71st Leg.,aportion thereof..the crime lab report,I have a copy, shows that out of a sample of1177 grams, 1138 grams were rocks,twigs with only a trace of meth.and 38 grams of the remaining was marihuana.The report showed about 1-2 grams of methamphetamine.

Now I never claimed this lady was an angel, but 170 years!! come on.

[url]http://www.law.com/jsp/decisionstate.jsp?id=1024079068800[/url]

You are saying then that she was sentenced under a statute that she was not charged under.

Did the court of appeals uphold that sentence?

If so, why?