Tag Archives: US Court Of Appeals 11th Circuit

Never Give Up The Fight… Attorneys For Banton File Motion For New Trial

By now you’ve all heard how the United States Court of Appeals, 11th Circuit basically disregarded the Appeal filed on behalf of Grammy-winning Reggae music icon, Buju Banton, and upheld his controversial conviction for “conspiracy to possess with intent to distribute” and “using the wires to facilitate a drug trafficking offense.”

Adding insult to injury, the overwhelmingly conservative three judge panel led by Chief Justice Joel Fredrick Dubina (a George H. W. Bush appointee), alongside  Circuit Judge Susan Harrell Black (another George H. W. Bush appointee) and Circuit Judge Stanley Marcus (a default Bill Clinton appointee), also reversed trial judge James Moody Jr.‘s common sense decision to throw out a third conviction at Buju’s sentencing hearing last summer: “knowing and intentionally possessing a firearm in the furtherance of a drug trafficking offense,” which carries an additional 5 year penalty.

It clearly didn’t matter much to Dubina, Black or Marcus that Buju had no priors and has never been involved in the drug trade. Nor did it matter that he did not participate in any negotiations nor was he present at the deal that actually did go down between well-paid government snitch Alexander Johnson and former co-defendants James Mack and Ian Thomas.

As defense attorney David Oscar Markus recently pointed out “a good man is in jail for talking a big game.” He’s also paying the price for simply fighting the powers that be. You may recall that after the first trial eneded in a mistrial, prosecutor James Preston Jr., venemously amended the original indictment, tweaking the gun charge and adding two additional charges, in his attempt to make something stick… And it worked. All this for a man who has spent the last 20 years of his life making incredibly uplifting music for his legion of loyal fans around the world. War on drugs? We think not… This is a war on Buju Banton.

Bouncing back from the latest blow to their client, late yesterday afternoon, the legal team for Banton filed a Renewed Motion For A New Trial with the district Court in Tampa. The 27-page motion duly requests a new trial on all counts, or alternately, a new trial on the gun count only. To be clear, if no new trial is granted by Judge Moody, Buju will automatically be sentenced to an additional 5 years on top to the 10 he is currently serving. Team Banton has nothing to lose and everything to gain by filing this latest motion and we pray that the request is granted.

In the meantime, fans can take solace in knowing that Buju is indeed holding firm despite the loss of the appeal and the harrowing prospect of doing even more time. He is reading avidly, has some access to a guitar (there are 2 or 3 in the facility) and is writing new songs, plus he is even teaching a class at FCI Miami, where he is presently being housed. We encourage you to keep him in your prayers, continue writing those letters of encouragement, and, if you should feel so inclined, drop a little something on his commissary.

MARK ANTHONY MYRIE – 86700-004

FCI MIAMI

FEDERAL CORRECTIONAL INSTITUTION

P.O. BOX 779800

MIAMI, FL 33177

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Gargamel Focused On Freedom In 2012

We Pray For Freedom In 2012

Greetings in the name of the Most High! As we mark the end of 2011, Buju Banton and the entire Gargamel family would like to take a moment to thank the fans around the world for your unwavering support during these difficult times. Indeed, it is not an easy road, but it helps to know that we are not walking it alone.

Buju has been receiving all of  your correspondence and apologizes for not being able to answer every single letter personally. Keep them coming, still, as they are a true source of upliftment in the midst of so much uncertainty.

While we patiently await a final ruling on Buju’s case from the United States Court of Appeals, Team Gargamel remains hopeful, prayerful and focused on freedom… We encourage you to do the same.

HAPPY NEW YEAR!

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Buju Banton Appeal Brief Filed

Team Gargamel is extremely pleased to announce that Buju’s attorney of record, David Oscar Markus of Markus & Markus Law, filed the Brief Of The Appellant, on behalf of Mark Anthony Myrie p/k/a Buju Banton, with the United States Court of Appeals earlier this morning. The gripping, 73-page document thoroughly picks apart the squirrely details surrounding the case of “The Recording Artist vs The Con Artist.”

The Appeal itself is broken down into three main arguments:

I.  AS BOTH A MATTER OF LAW AND FACT, MYRIE  IS NOT GUILTY OF CONSPIRACY TO DISTRIBUTE COCAINE OR TO AID AND ABET OTHERS IN USING THE TELEPHONE TO FACILITATE A COCAINE DISTRIBUTION CONSPIRACY

II.  IN THE ALTERNATIVE, THE GOVERNMENT’S EFFORTS TO IMPLICATE MYRIE CONSTITUTED ENTRAPMENT BECAUSE MYRIE LACKED PREDISPOSITION TO PARTICIPATE IN A DRUG CONSPIRACY

III.  THIS CASE MUST BE DISMISSED DUE TO THE DISTRICT COURT’S VIOLATION OF THE SPEEDY TRIAL ACT

In addition to the brief, Mr. Markus has requested an oral argument, where 3 judges listen to the case, “because it will assist the Court in understanding the multiple legal issues presented in this case.” Only 10% of all appeal cases are granted this opportunity.

The Court of Appeals will decide whether to allow oral argument, and when all is said and done, will usually take between a month and a year to rule.

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