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Appellate brief - Essay Example

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Name: Institution: Course: Date: Appellate Brief Statement of the Case This court’s proceeding began with the prosecution of appellant, Arnold J. Stewart. He was prosecuted by a federal grand jury located in the District of Utah on November 21, 2008, for violating the laws of the United States…
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Appellate brief
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Download file to see previous pages Unfortunately, the trial court on February 14, 2009, denied accepting the suggestion. The trial court established that’ “Under the circumstances, for all intents and purposes the suitcase was abandoned. The defendant did not express a possessory interest in the suitcase at anytime after he learned its location. Having been abandoned, the defendant had no expectation of privacy in it or in its contents” (Tr. At 40-41) (Congress 551). On March 6, 2009, Mr. Stewart engaged himself in a conditional guilty plea, determined to achieve his right to appeal by suppressing the judgment that was done against him (Doc. At 22) (Congress 551). The defendant was sentenced to 60 months imprisonment, followed up by 3 year period supervised release, on April 27, 2009. This is an appeal of the federal grand jury’s judgment that was entered on April 29, 2009. Summary of Arguments This is not the first time a case of this form was appearing before the Court. The court case involving United States and Arango, 912 F.2d 441 (10th Cir. 1990), ruled that anybody who has the legal right to the ownership of a personal property has the legal rights to prevent other people from searching it. Other ruling in a similar case between the United States and Jones, 707 F.2d 1169, (10th Cir. 1983), ruled that in situations such as this of United States Vs Steward, no prior or related appeals are made (Congress 552). This case, therefore presents a question of first order: Whether Mr. Stewart should be allowed to engage in an appeal system, or whether the Law Court should consider this case like one which does not require prior or related appeals. Discussion The Anti-Drug Abuse Act of 1986 set that a 5- and 10-year mandatory-minimum penalty will be issued to any subject found possessing drugs with the purpose of distributing depending on the nature and weights of the substances (Congress 539). Stewart was imprisoned for possessing 100 grams of heroine with objective of distributing. The court had earlier handled such two cases and gave rulings which are can help in understanding the case between United States Vs Stewart. The defendant is in a legitimate position as an American citizen, to defend his rights to appeal, so as to keep away other people from inspecting his property. But this condition is not easy to determine, because the process the defendant went through was such a complicated one that required more time and consideration. The trial Court was legally right to deny Mr. Stewart an opportunity to engage in an appeal that was intended to dismiss the charges against him. According to the former judgment, any person who has legal ownership of a property through existing proofs such as documents are the ones who are entitled to request for apple if their assets are illegally inspected without their consents (Congress 539). It should also be noted that the property that can be protected should not be illegal, property like bags carrying heroine, cocaine, bang, guns and other illegal property can be inspected by security officers even if the owner denies accepting inspection. Mr. Stewart, defendant, only claimed that the suitcase was his without providing any evidence. This left a question for proving whether the luggage was legitimately his. Because he was the only person who claimed the ownership of the property, the security had no otherwise but charges him accountable as the owner of the bag. The Airport security ...Download file to see next pages Read More
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