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3rd Circuit vacates Weev's conviction [pdf]

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Re: 3rd Circuit vacates Weev's conviction [pdf]

#51

It's important to understand here that the judgment was not vacated on grounds that had anything to do with the crime charged -- the Court didn't conclude that he wasn't guilty. Instead, it was vacated for lack of venue. In other words, he got off on a technicality.

It's not that simple. Venue was key to establishing the severity of the crime.

That statement makes no sense whatsoever to me. (And I am an attorney.) Venue is a procedural, not a substantive matter.

Re: 3rd Circuit vacates Weev's conviction [pdf]

#53
post #16

Earlier quoted context omitted.

I'm assuming they're going to just let this die, now, and release weev, and not try again against him. I'd be astonished if they did.

I'm fairly certain that this would be a clear application of Double Jeopardy clause of the 5th Amendment for at least the majority of charges; in short, this is true because whether or not the case had merit, the prosecution definitely screwed up the proceeding. There may have been a case for CFAA violation (right or wrong), but the prosecutors improperly chose New Jersey as the venue of proceedings. This was a calcu…

Maybe the most famous example is Ernesto Miranda, where the Miranda warning gets its name.

He had his conviction overturned by SCOTUS. The state then retried him and convicted him.

http://en.wikipedia.org/wiki/Ernesto_Miranda

Re: 3rd Circuit vacates Weev's conviction [pdf]

#55
post #27

Does weev get any compensation? I get that he's now retroactively never been convicted of a felony, but he was in prison focused on protecting his corn bread for a couple years. Clearly this affects his employability, as well as his general happiness, having been deprived of both liberty and safe corn bread for a while. Civil suit against ATT? Wrongful prosecution against the feds?

After reading the judgement, seems like the right decision was made to overturn the conviction based on venue.

But compensation? Come on. He would still be convicted of some of the computer hacking charges in other states.

Didn't his co-accused plead guilty to those charges? What happens to him?

Re: 3rd Circuit vacates Weev's conviction [pdf]

#56
post #27

Does weev get any compensation? I get that he's now retroactively never been convicted of a felony, but he was in prison focused on protecting his corn bread for a couple years. Clearly this affects his employability, as well as his general happiness, having been deprived of both liberty and safe corn bread for a while. Civil suit against ATT? Wrongful prosecution against the feds?

He was incarcerated because a Grand Jury thought there was enough evidence to charge him.

Re: 3rd Circuit vacates Weev's conviction [pdf]

#57

I am glad this happened for a number of reasons. But the crowning moment for me came when reading his Alias list: ANDREW AUERNHEIMER, a/k/a Weev a/k/a Weelos a/k/a Escher

My friends getting called to testify and having to explain "what is the G.N.A.A.?" in federal court was pretty lulz-ridden, too.

Re: 3rd Circuit vacates Weev's conviction [pdf]

#58
post #35
post #31

Earlier quoted context omitted.

You're almost right, but the judgment was vacated, so the prosecutors could bring it again. They won't, though.

I wondered why they couldn't use the (relatively small amount of) drugs they found when they raided him in Arkansas to, under Arkansas state law, fuck him somehow.

Because the federal prosecutors don't get a promotion when someone is charged with a state crime.
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