Posted on 04/09/2010 11:57:26 AM PDT by listenhillary
In a filing in the federal corruption trial of former Detroit City Councilwoman Monica Conyers, U.S. Attorneys argued that the defendant cannot retract her guilty plea or ask for an appeal because she waived her right to appeal when she pleaded guilty. The Detroit News reports:
In a filing with the U.S. 6th Circuit Court of Appeals, Assistant U.S. Attorney Patricia Gaedeke said Conyers waived her appeal rights in a plea agreement she signed last June.
The defendant received the sentence she bargained for in the plea agreement, Gaedeke said in the court filing.
The defendant therefore has no right to appeal, and her appeal should be dismissed.
During the hearing on the guilty plea, Conyers was asked multiple times by the judge whether she understood the plea arrangement and agrees to consent to it. Its highly unlikely that the appeals court will allow it to be withdrawn because of that. Conyers is facing 37 months in prison for accepting bribes.
Different source with a bit more info.
“But but I didn’t understand! I had an incompetent lawyer! I’M BLACK!”
Any bets on the DOJ doing whatever it takes to keep her out of jail? Any bets?
Looks like the judge thought that she was incompetent.
Looks like the judge thought that she was incompetent.
She probably would not quit calling him Shrek and shut up long enough to listen
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Would prosecutors agree to allowing Monica’s husband to serve her sentence instead?
He wouldn’t do it. I’d be surprised if she serves the time.
And the race card will be played in 4, 3, 2 .....
schadenfreude-hee hee hee
Sorry Monica. When you accept a Federal Plea Agreement, that essentially IS your Appeal. It is a BINDING Contract between the prosecutor and the defendant, and you Monica had an offer, consideration and acceptance. The Supreme Court has repeatedly held that a criminal defendant can elect to waive many important constitutional and statutory rights during the plea bargaining process ... as you did. If your lawyer didn't explain this to you, you can spend some time in prison library researching how to sue him. However ... if you've overheard some incriminating evidence from your husband John Conyers about ANOTHER government official, you and Federal prosecutors could always renegotiate the Plea Agreement so someone else goes to jail for a different crime ...
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If you read the article, you will see that the DOJ is fighting to keep her IN, not out.
The U.S. Attorneys are part of the DOJ, but often decisions made at the U.S. Attorney level are reversed by the DOJ in Washington, D.C. Eric Holder has the final say, and I didn’t see him mentioned in the article. Recall the Black Panthers who were intimidating voters in 2008. The local USA charged them, or was about to, when they were overruled and the prosecution was derailed.
Maybe Kwame can be her roommate at the big house...
If she would have had a Jury Trial in Detroit, there's NO WAY they would have convicted a Black Woman (OR a Black Man, for that matter).
It's happening in every major city, where blacks just ignore the law and vote "not guilty" for the Sista's and Brotha's.....
I think John Conyers is trying to rid himself of her and found a very effective way to do it.
She ain’t going anywhere.
Ha! Great post.
It’s a beautiful thing.
I loved it, how her own scum-bag husband wouldn’t show up at her sentencing.
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