Posted on May 17 2019
Hold my Red Bull, I just pulled down her actual filing but before we dive in to her 26 page filing, you may want to read this previous entry.
Which was a follow up to the April 23, 2019 filing and write up, found here.
Which was also a follow up to this July 2018 Indictment and write up found here.
And I should probably admit I’m still super annoyed that the NRA and Trump were not indicted because the money the NRA spent to saturating the zone in the run up to the 2016 presidential election...seemed super legit...NYET
Butina Appeal Filing
CRIMINAL DOCKET FOR CASE #: 1:18−cr−00218−TSC−1
Pages 1 & 2 are the standard given today’s filing is in fact a docket sheet. Also don’t be that jerk who doesn’t redact information, specifically attorneys emails & DID. Please take the time and redact it, otherwise I’ll stop linking to the various Court Filings. As you know (see previous May 15 write up where I dissected her Plea Deal and Court Transcript). Butina merely filed the notice of Appeal.
Today she filed the Appeal Docket Sheet.
Pages 3 thru 19 is a recitation of her criminal docket...which leaves pages 20 thru 26 and there’s literally nothing new. Gawd I was hoping to eviscerate her “argument”
Offense: Conspiracy to violate 18 USC § 951 (acting as an agent of a foreign official), in violation of 18 USC § 371.
Concise statement of judgment or order, giving date, and any sentence: Judgment in a Criminal Case, entered on the docket 5/2/19. Defendant sentenced to a term of 18 months imprisonment; no term of supervised release; and $100 special assessment.
Literally what a complete tease and waste of time...but at least you now have the most updated filing. I kind of feel like a race horse kicking at the gantry because I was (still am) looking forward to shredding Butina and her arguments.
Given I can’t see any sustainable argument that would reverse or vacate her conviction. Especially since her plea deal explicitly states she waived her right to appeal except in the case on ineffective representation...
...hence why I took the time to highlight and dissect Butina’s December 2018 Hearing. See where I’m going with this? And why I maintain reading the hearing transcripts are prudent measure because you can point to portions of the hearing that are factual versus an opinion.
There are literally 4 areas that I identified within the December 2018 Transcript that would effectively foreclose Butina’s argument on Appeal.
As previously noted the Judge took great care to make sure the official court record reflected that defendant Butina answered in precise and clear answers as it related to her:
- Satisfaction of representation
- Voluntarily entered in to the Plea Deal and the Statement of Offense was/is accurate
- that Butina was of sound mind and judgment
- was not coerced or under duress while into entering into a plea deal or allocation of her guilt. (See Black’s Law Dictionary below)
To subject to duress. A word used by Lord Bacon. “If tlie party duresscd do make any motion,” etc. Bac. Max. 89, reg. 22.
Compulsion; force; duress. It may be either actual, (direct or positive.) where physical force Is put upon a man to compel him to do an act against his will, or implied, (legal or constructive.) where the relation of the parties is such that one is under subjection to the other, and is thereby constrained to do what his free will would refuse. State v. Darlington, 153 Ind. 1, 53 N. E. 025; Cliappell v. Trent, 00 Va. S49, 19 S. E. 314; Radicli v. Ilutohins, 95 U. S. 213, 24 L. Ed. 409; Peyser v. New York, 70 N. Y. 497. 20 Am. Rep. G24; State v. Boyle, 13 R. I. 53S.
Okay fine I’ll totally admit I just wanted another excuse to blog about Butina & Erickson karaoke Beauty and the Beast.../snort\
When you factor in Butina’s executed plea deal, the December 13, 2018 Hearing Transcript and the December 13, 2018 signed waiver of trial
I can not see how Butina’s Appeal will be successful unless the anterior motive is for her to probe deeper in to our Judicial System and its process...to sow even more discord and mistrust of our Judicial system. And let’s be candid, the only one who would benefit from that is in fact Putin. Meaning have Butina file various motions and create or amplify how our Justice Department and Courts can not be trusted. I could be wrong but as it relates to Butina and our Judiciary...that’s the only viable conclusion I can make. -Spicy
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