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Maryland man gets 10 years for theft of 10 cigarette packs

JacksinPA

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https://www.apnews.com/a4649a4466be42118bfd532a3fba6d21

SALISBURY, Md. (AP) — A Maryland man has been sentenced to 10 years in prison for stealing 10 packs of cigarettes from a Wicomico County gas station.
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Fitting that I watched a DVD of Gilbert & Sullivan's The Mikado last night. The Mikado's main objective: to let the punishment fit the crime. I wonder if 1 year per pack of cancer sticks will teach this guy a lesson.
 

ttwtt78640

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https://www.apnews.com/a4649a4466be42118bfd532a3fba6d21

SALISBURY, Md. (AP) — A Maryland man has been sentenced to 10 years in prison for stealing 10 packs of cigarettes from a Wicomico County gas station.
==============================================================
Fitting that I watched a DVD of Gilbert & Sullivan's The Mikado last night. The Mikado's main objective: to let the punishment fit the crime. I wonder if 1 year per pack of cancer sticks will teach this guy a lesson.

Don't do the crime if you don't want the time.

News outlets report 36-year-old John Edward Lowe was sentenced Thursday. He was convicted in November of robbery and second-degree assault in the crime. The Wicomico County State's Attorney's Office says it asked for a sentence above the three to seven years recommended by guidelines due to Lowe's public safety risk.
 

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https://www.apnews.com/a4649a4466be42118bfd532a3fba6d21

SALISBURY, Md. (AP) — A Maryland man has been sentenced to 10 years in prison for stealing 10 packs of cigarettes from a Wicomico County gas station.
==============================================================
Fitting that I watched a DVD of Gilbert & Sullivan's The Mikado last night. The Mikado's main objective: to let the punishment fit the crime. I wonder if 1 year per pack of cancer sticks will teach this guy a lesson.


Well, he was initially charged with:

"... armed robbery, robbery, first-degree assault, second-degree assault, theft, false imprisonment and firearm charges. ..."


He'll probably get out after 5 years ... with good behaviour.

What is "false imprisonment"?
 

Common Sense 1

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https://www.apnews.com/a4649a4466be42118bfd532a3fba6d21

SALISBURY, Md. (AP) — A Maryland man has been sentenced to 10 years in prison for stealing 10 packs of cigarettes from a Wicomico County gas station.
==============================================================
Fitting that I watched a DVD of Gilbert & Sullivan's The Mikado last night. The Mikado's main objective: to let the punishment fit the crime. I wonder if 1 year per pack of cancer sticks will teach this guy a lesson.


He was convicted in November of robbery and second-degree assault in the crime.
 

ttwtt78640

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That sounds pretty heartless considering as it currently stands cohen got three years for his antics.

Cohen made a good plea deal which apparently this violent moron did not.
 
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JacksinPA

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Well, he was initially charged with:

"... armed robbery, robbery, first-degree assault, second-degree assault, theft, false imprisonment and firearm charges. ..."


He'll probably get out after 5 years ... with good behaviour.

What is "false imprisonment"?

Try The Google: False imprisonment occurs when a person is restricted in their personal movement within any area without justification or consent. Actual physical restraint is not necessary for false imprisonment to occur. ... Under common law, false imprisonment is both a felony and a tort.

The Google is very useful in answering questions of all kinds.
 

marke

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https://www.apnews.com/a4649a4466be42118bfd532a3fba6d21

SALISBURY, Md. (AP) — A Maryland man has been sentenced to 10 years in prison for stealing 10 packs of cigarettes from a Wicomico County gas station.
==============================================================
Fitting that I watched a DVD of Gilbert & Sullivan's The Mikado last night. The Mikado's main objective: to let the punishment fit the crime. I wonder if 1 year per pack of cancer sticks will teach this guy a lesson.

It seems the headlines forgot to mention that the man was sentenced to 10 years for second degree assault. Sloppy reporting may be the result of lowered standards, shoddy course materials, and otherwise problematic educational qualities and standards in modern degenerate government institutes of higher learning.
 

Demopublican

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He was not jailed for the theft of ten packs of smokes. It was the violence and intimidation
 

Skeptic Bob

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The use of violence makes this sentence reasonable. If he had just shop lifted the cigs without assaulting anyone then I would be board with condemning the sentence.
 

DH Kirkwood

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The use of violence makes this sentence reasonable. If he had just shop lifted the cigs without assaulting anyone then I would be board with condemning the sentence.

Going to agree with this.

People do stupid ****. There are too many people that, some time in their life, have shop-lifted, or have otherwise done something that they are not proud of, and I'm not interesting in hammering in nails with a sledgehammer, and nor do I want to live in a society where the government punishes it's citizens harshly for mild offenses, but armed robbery is so much more different than simple shop-lifting. Once a person shows a willingness and a habit of using violent means, then Indicates that this might be someone that should be seperated from the rest of society.
 

Hawkeye10

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https://www.apnews.com/a4649a4466be42118bfd532a3fba6d21

SALISBURY, Md. (AP) — A Maryland man has been sentenced to 10 years in prison for stealing 10 packs of cigarettes from a Wicomico County gas station.
==============================================================
Fitting that I watched a DVD of Gilbert & Sullivan's The Mikado last night. The Mikado's main objective: to let the punishment fit the crime. I wonder if 1 year per pack of cancer sticks will teach this guy a lesson.

This appears to be verbal assault, attempted theft of money, and theft of less that $100 of product....I could get to 30 days, up to 90 for an extensive criminal record.

Clearly ten years is abuse.
 

blarg

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Don't do the crime if you don't want the time.

i haven't done the crime but still the time seems to be a disproportionate sentence
 

blarg

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Well, he was initially charged with:

"... armed robbery, robbery, first-degree assault, second-degree assault, theft, false imprisonment and firearm charges. ..."


He'll probably get out after 5 years ... with good behaviour.

What is "false imprisonment"?

that makes this seem more appropriate
 

Mr Person

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The articles on this are all over the place. ie, some only refer to "robbery and second-degree assault" as the convictions, but another (bit of a joke site) says, "He was initially arrested on first and second degree assault charges, robbery, armed robbery, theft and various gun charges including illegal possession and use of a firearm in a felony."

https://www.dailymail.co.uk/news/ar...n-gets-10-years-theft-10-cigarette-packs.html

But it doesn't mention whether he was convicted or acquitted on those charges, whether they were dismissed before trial or whether he separately pled guilty to the other chargers or what.

Now, it's been a while since I touched federal stuff but it would still seem that even if you are acquitted of a charge at federal trial but convicted on another, the judge can still sentence you based on the conduct corresponding to the charge you were acquitted of (an oversimplification). Seems unfair, but the law around federal sentencing is kind of all over the place. Seems like a reasonable summary, at least as far as I skimmed.

Can I be sentenced for a crime I am found not guilty of? - Burnham & Gorokhov, PLLC



At any rate, if that's federally constitutional, it would have to violate a state constitution (or law) for it not to be allowed in that state. I'm not going to spend the time sorting out what exactly happened here, but it sounds like the sentence reflects conduct that he was not convicted of but for which evidence was presented at trial, and the judge took that into consideration.
 
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Checkerboard Strangler

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What is "false imprisonment"?

If I come into your home or place of business, or anywhere where you have a legal right to be, and keep you and hold you there against your will, especially if you're either armed or you threaten physical violence, that's false imprisonment.
If I MOVE you to another location against your will, that's kidnapping.
 

Barnacle

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If I come into your home or place of business, or anywhere where you have a legal right to be, and keep you and hold you there against your will, especially if you're either armed or you threaten physical violence, that's false imprisonment.
If I MOVE you to another location against your will, that's kidnapping.


Thanks, but post #7 was already very helpful in advising me to Google ...
 
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