JOHN T. FLOYD LAW FIRM
Houston Criminal
Lawyer
EXPERIENCED CRIMINAL
DEFENSE LAWYER
TRIALS, SENTENCINGS, AND APPEALS
FEDERAL AND STATE CRIMINAL DEFENSE
Phone (713) 224-0101
E-mail jfloyd@JohnTFloyd.com
"Serious Criminal Defense in Houston
"
Comments on Current Events In Criminal Law
June 30, 2008
FORMER EMPLOYEE INDICTED FOR INTENTIONAL DAMAGE TO WEBHOSTING DATA
(HOUSTON, Texas) – Cliff L. Wade, a former employee of hostgater.com, has been arrested in Atlanta, Ga., following the return of a federal indictment in Houston, United States Attorney Don DeGabrielle and FBI-Houston Special Agent in Charge Andrew R. Bland III, announced today. The indictment, returned June 16, 2008, charges Wade with computer intrusion allegedly committed in October 2007.
June 23, 2008
SIX CHARGED IN MORTGAGE FRAUD INDICTMENT AS A RESULT OF OPERATION MALICIOUS MORTGAGE
National operation leads to charges aginst a total of 20 in southern district; more than 400 nationwide
June 16, 2008
LOCAL PHYSICIAN SENTENCED FOR INJECTING PATIENTS WITH FAKE BOTOX
(HOUSTON, Texas) - Dr. Gayle Rothenberg, a local physician specializing in providing image enhancement services, was sentenced to 27 months in federal prison for injecting patients with a product that was not approved by the Food and Drug Administration (FDA) for human use,
June 09, 2008
THE JUAN LEONARDO QUINTERO CASE
Houston Criminal Defense Attorney John Floyd Discusses a Juries Decision to Sentence Convicted Cop Killer to Life in Prison
Everyone, including Juan Leonardo Quintero, was unhappy about the May 20, 2008 jury verdict that spared the convicted cop killer an appointment with a state executioner and insured that he would spend the rest of his natural life in a maximum security state prison.
June 02, 2008
NINE CHARGED IN MORTGAGE FRAUD SCHEME INVOLVING HOUSTON MIDTOWN AREA TOWNHOMES
(HOUSTON, Texas) - An indictment charging nine individuals with conspiring to commit wire fraud, produce false identification documents and misuse of Social Security numbers in connection with a mortgage fraud scheme involving townhouses in Houston’s Midtown area was unsealed today following the execution of arrest warrants, United States Attorney Don DeGabrielle has announced.
May 26, 2008
AMBULANCE SERVICE OWNERS CONVICTED OF CONSPIRACY TO COMMIT HEALTH CARE FRAUD
(HOUSTON, Texas) – After a five-week trial, two brothers and co-owners of a Houston area ambulance service, have been convicted of conspiring to commit health care fraud, United States Attorney Don DeGabrielle announced today.
May 19, 2008
CIVIL DEFENDANT HELD IN CRIMINAL CONTEMPT OF COURT FOR ATTEMPTING TO EXPORT COPYRIGHTED CELLULAR TELEPHONES TO CHINA
(HOUSTON, Texas) – Muhammad “Mubi” Mubashir, 27, of Sugar Land, Texas, was held in criminal contempt for attempting to export cellular telephones to China in violation of an injunction entered against him by the U.S. District Court of the Southern District of Texas in a civil case filed by Virgin Mobile USA, LLC (Virgin Mobile), United States Attorney Don DeGabrielle announced today.
May 12, 2008
“ICE” FLEXES DEPORTATION MUSCLE
Houston Criminal Defense Lawyer John T. Floyd Discusses Efforts to Increase Deportation of Illegal Immigrants Convicted of Crimes and Implications on Texas Prisons.
May 05, 2008
CHILD RAPE, THE DEATH PENALTY AND THE POPE
Houston Criminal Attorney John Floyd Discusses Constitutionality and Morality of Death Penalty for Non-Homicide Sex Crimes Committed against Children
April 28, 2008
DALLAS JUSTICE GIVEN TO THOMAS JOE MILLER-EL
Houston Criminal Attorney John T. Floyd discusses the Saga of Miller-El and the Historical Practice of Racism in the Jury Selection Process Background and Plea
April 21, 2008
PROSECUTORS, MISCONDUCT, AND RACE
Houston Criminal Attorney John Floyd Discusses Improper Use of Race as Factor in Exercising Juror Strikes
April 14, 2008
Conroe Resident Pleads Guilty To Child Sex Crimes - Christopher R. Kronshagen made online arrangements to meet, sexually assault a child
HOUSTON – A former financial advisor today pleaded guilty to using the Internet to prey on children. According to investigators with Texas Attorney General Greg Abbott’s Cyber Crimes Unit, Christopher R. Kronshagen, 39, of Conroe, planned to meet and sexually assault someone he thought was a child.
April 07, 2008
BRADY AND THE ROSENTHAL SCANDAL
Houston Criminal Attorney John T. Floyd Discusses the Shadow of the Scandal, Damaged Reputation of D.A’s Office and Concerns of Failure to Disclose Evidence Favorable to the Accused
March 31, 2008
Attorney General Abbott Reaches Agreement To Protect Pharmacy Customers From Identity Theft
Agreed judgment requires CVS Pharmacy to improve document disposal process
March 24, 2008
THE VALUE OF A DIRECT VERDICT STRATEGY
Houston Criminal Attorney John Floyd Discusses His Recent Victory by Instructed Verdict; After State Rests Judge Instructs Jury to Acquit on Charges of Sexual Assault and Find Not Guilty
March 17, 2008
IS WATERBOARDING TORTURE?
Houston Criminal Attorney Discusses Reality of Waterboarding, Torture and the Taint on Confessions Obtained from its Use
March 10, 2008
SUGAR LAND MAN PLEADS GUILTY TO POSSESSING CHILD PORNOGRAPHY
(HOUSTON, Texas) - Martin Alan Lowe, 42, of Sugar Land, pleaded guilty to one count of possession of child pornography, United States Attorney Don DeGabrielle has announced. U.S. District Judge Keith Ellison has set sentencing for June 15, 2008.
March 03, 2008
“PLEADING TO A PSI”
Houston Criminal Attorney John Floyd Discusses the Dangers of Pleading Guilty to a Court Without a Plea Bargain as to Sentencing
February 25, 2008
Three Former British Bankers Sentenced in Enron Case
WASHINGTON – Three investment bankers formerly employed by the British bank National Westminster Bank Plc (Nat West) were each sentenced to 37 months in prison on a wire fraud charge arising from a secret investment transaction in which they participated with former executives at Enron Corporation, Assistant Attorney General Alice S. Fisher of the Criminal Division announced today.
February 18, 2008
THE RIGHT TO BAIL:TOO OFTEN ABUSED IN HARRIS COUNTY, TEXAS
Houston Criminal Lawyer John T. Floyd Discusses Excessive Bail in Texas Courts
The Eight Amendment to the United States Constitution expressly prohibits excessive bail. This fundamental right allows an accused to be free before conviction, permitting the unhampered preparation of a defense and preventing unjust punishment upon the innocent.
February 11, 2008
SIX ALIEN SMUGGLERS SENTENCED FOR SMUGGLING 61 ALIENS
(HOUSTON, Texas) - Five Mexican nationals and a Honduran have been sentenced to lengthy prison terms for harboring 61 undocumented aliens, United States Attorney Don DeGabrielle and Immigration and Customs Enforcement (ICE) Special Agent in Charge Robert Rutt announced today.
February 04, 2008
CAN DELETED PORN BE USED IN A POSSESSION OF CHILD PORNOGRAPHY CASE?
Houston Criminal Defense Attorney John T. Floyd Discusses How Deleted Computer Files Can be Used in the Prosecution of a Child Pornography Case
January 28, 2008
Two Houston Developers Indicted for Bribery, Honest Services Wire Fraud
A federal grand jury in the Southern District of Texas, Houston Division, has returned an indictment charging two developers with bribing a former official of the city of Houston, Assistant Attorney General Alice Fisher of the Criminal Division announced today.
January 21, 2008
IMMIGRATION LAWYER AND TWO OTHERS CHARGED WITH ASYLUM FRAUD
(HOUSTON, Texas) – A indictment charging a Houston lawyer and two of her former employees with asylum fraud has been unsealed following the arrest of one of the former employees in Hong Kong, United States Attorney Don DeGabrielle announced today.
January 14, 2008
EMPLOYER ARRESTED FOR HARBORING ILLEGAL ALIEN ACCUSED OF CAPITAL MURDER OF HPD OFFICER
(HOUSTON, Texas) – The employer of an illegal alien charged with capital murder in connection with the shooting death of Houston Police Department (HPD) Officer Rodney Johnson...
January 07, 2008
THE MEDELLIN CONSTITUTIONAL CRISIS
Houston Criminal Attorney John Floyd Discusses Consular Notification Under the Article 36 of the Vienna Convention
December 31, 2007
Houston Area Man Pleads Guilty To Theft In Medical Supply Billing Scheme
Samuel E. Edem ordered to pay back over $80,000 in stolen funds
HOUSTON – Following a lengthy investigation by Texas Attorney General Greg Abbott’s Medicaid Fraud Control Unit, the former owner of a Houston-area medical equipment and supply company pleaded guilty to first-degree felony theft.
December 24, 2007
IN THE WAKE OF THE JOE HORN SHOOTINGS
Houston Criminal Attorney John Floyd Continues Discussion of Deadly Force in Self Defense in Light of More Recent Shootings
December 17, 2007
NIGERIAN NATIONAL ARRESTED AT HOUSTON AIRPORT FOR POSSESSION OF COCAINE CONVICTED
(HOUSTON, Texas) – A Nigerian national bound for London, England with more than seven kilograms of cocaine concealed in a toy box in his luggage has been found guilty of conspiracy and possession with intent to distribute the controlled substance by a jury’s verdict following a seven day trial, United States Attorney Don DeGabrielle announced today.
December 10, 2007
IN DEFENSE OF THY NEIGHBOR
Houston Criminal Defense Attorney John T. Floyd Discusses Texas Self Defense Law in Light of the John Horn Shooting
On Wednesday, November 14, at about 2:00 p.m. a Pasadena, Texas man named Joe Horn was working at his computer inside his own residence in the 4900 block of Timberline when he heard the sound of breaking glass.
December 03, 2007
FORMER CHICAGO TITLE ESCROW OFFICER SENTENCED TO PRISON FOR ROLE IN FRAUDULENT BUSINESS LOAN SCHEME
[HOUSTON, Texas] – A former Chicago Title escrow officer convicted of conspiracy, bank fraud, and money laundering arising from a scheme to defraud a federally insured bank and the Small Business Administration (SBA) of more than $1.8 million has been sentenced to 8 years in federal prison, United States Attorney Don DeGabrielle announced today.
November 26, 2007
THE RESPONSE TO JUVENILE CRIME AND YOUTH VIOLENCE
Criminal Defense Attorney John T. Floyd
November 19, 2007
POLICE CUSTODY DEATHS
Houston Criminal Defense Attorney’s Perspective, Allegations Police Abuse in the Jail
This past summer Houston police were summoned to a “disturbance call” at a home in the 9200 block of Denton. The call had been placed by the mother of 35-year-old Johnell Patrick, a thrice-convicted drug offender.
November 12, 2007
U.S. CONSTITUTION IMPALED ON THE SWORD OF FANATICISM
HOUSTON CRIMINAL DEFENSE ATTORNEY Discusses The United States Supreme Court’s Refusal To Hear El-Masri And Allegations Of CIA Torture
November 05, 2007
LEON “ACE BOON-COON” HORNE: THE KILLER OF A WOMAN
I worked in the prison laundry at the David Wade Correctional Center in Homer, Louisiana with Leon Horne.
October 29, 2007
YET ANOTHER HARRIS COUNTY DNA EXONERATION
Houston Criminal Defense Attorneys Beware! Exoneration Marks Third Criminal Defendant Wrongfully Convicted Because of Mishandling of Evidence by the Houston Police Crime Lab
October 22, 2007
CRIMINAL DEFENSE ATTORNEYS KNOW FIRST HAND THE FBI CANNOT BE TRUSTED WITH UNCHECKED INVESTIGATIVE POWERS, ADMINISTRATIVE SUBPOENAS
The USA Patriot Act was became law on October 26, 2001 – some six weeks after the 9/11 terrorists attacks on the twin towers of the World Trade Center. The Act increased the government’s surveillance powers in both criminal and intelligence investigations, permitting an easier process for the law enforcement and intelligence communities to share information while conducting these two types of investigations.
October 15, 2007
POLICE POWERS VERSUS RIGHT OF PRIVACY/FREE SPEECH
Criminal Defense Attorneys Will Face Expanded Use of State WireTapping
The Texas Legislature recently increased the powers of law enforcement to conduct electronic surveillance. The new legislation (SB823) allows cities with populations of 500,000 or more to operate their own “pen register” devices that have the capacity to capture real time outgoing telephone numbers dialed from a targeted telephone.
October 08, 2007
CRIME VICTIMS MOVEMENT AND THE DEATH PENALTY
Essay by Billy Wayne Sinclair
E-mail Billy Wayne Sinclair - Billy@JohnTFloyd.com
Newton Anderson was put to death by lethal injection in Texas on February 22, 2007 for a double murder that occurred eight years ago.
October 01, 2007
STATEMENTS OF CO-CONSPIRATORS
Criminal Defense Attorneys must Fight to Prevent Admission of Prejudicial Statements of Unindicted Co-Conspirators
September 24, 2007
Expert Testimony in Child Pornography Cases
In a previous Web Front Page Column (CHILD PORN: WHAT IS VIRTUAL, WHAT IS REAL), it was pointed out that in federal child pornography prosecutions under 18 U.S.C. § 2252(a)(B) the Government is under no statutory or constitutional obligation to present “expert testimony” that the alleged pornographic images are of a real child. See, United States v. Rodriquez-Pacheco, 475 F.3d 434 (1st Cir. 2007). While the government has a constitutional burden to prove beyond a reasonable doubt that the alleged pornographic images are of a real, non-virtual child, the matter is an issue of fact to be decided by the jury and those determinations can be based on the actual images, videotapes, photographs, etc., absent expert testimony. Id,, at 444.
September 17, 2007
FISA AND THE PROTECT AMERICA ACT OF 2007
Criminal Defense Lawyers Will Find Evidence Obtained By Secret FISA Warrants Can Be Used In Domestic Criminal Prosecutions
September 10, 2007
A FORGOTTEN PRISON DEATH
Essay by Billy Wayne Sinclair
E-mail Billy Wayne Sinclair Billy@JohnTFloyd.com
“This is why we love our jobs,” the tall, lanky prison Colonel shouted as he stormed up and down the cellblock tier.
September 3, 2007
THE LETHAL INJECTION PROTOCAL
Essay by Billy Wayne Sinclair
E-mail - Billy Wayne Sinclair - Billy@JohnTFloyd.com
Philip Ray Workman was executed in the Tennessee death chamber on May 9, 2007.
Twenty-six years before, on August 5, 1981, Workman robbed a Wendy’s restaurant in Memphis. He forced all the employees and a customer into the manager’s office where he collected the day’s receipts into a bag. See, Workman v. Bredesen, ____ F.3d _____, 2007 WL 1311330 (6th Cir. Tenn.) [May 7, 2007].
August 27, 2007
INTERNET SEARCH FOR TEEN SEX A COSTLY PROPOSITION
Chris C. was really a small town gentleman living in a big city, Houston, Texas. He was married, mid-40s, professional with a nice home, and a secure job. All outward appearances indicated he was a normal, hard-working husband/father, but he had a problem. He had a perverse desire to have sex with a teenage girl. He wanted the sex to be safe, anonymous, and away from home. He had heard of the opportunities to find such sex on the Internet. He was initially hesitant, afraid, knowing that the Internet was filled with traps.
August 20, 2007
Punishments for Convictions Upon Multiple Counts of Indecency with a Child, Sexual Assault of a Child, Aggravated Sexual Assault of a Child, and Incest Can be Stacked and Run Consecutively
Multiple counts in an indictment can charge different discreet and specific criminal acts. Multiple instances of certain sex crimes involving children have been specifically defined as arising out of or being part of the same criminal episode. Section 3.03 of the Texas Penal Code expressly authorizes sentences arising from convictions on multiple counts of sex crimes against children to run concurrently or consecutively. Stacking punishments can therefore be authorized in cases involving multiple acts against a single victim or single acts committed upon multiple victims. Therefore, it is possible that a single indictment against a single defendant could allege hundreds of counts of sexual assault of a child upon which a conviction could be had on each count and the sentences for each count stacked.
August 13, 2007
Online Solicitation of a Minor The Impact of Adam Walsh on 18 U.S.C. § 2422(B)
It was a perfect photo op: President George W. Bush surrounded by crime victim advocates and key Congressional leaders as he signed on July 27, 2006 the “Adam Walsh Child Protection and Safety Act of 2006.”
August 06, 2007
Online Solicitation of a Minor The Impact of Adam Walsh on 18 U.S.C. § 2422(B)
It was a perfect photo op: President George W. Bush surrounded by crime victim advocates and key Congressional leaders as he signed on July 27, 2006 the “Adam Walsh Child Protection and Safety Act of 2006.”
Twenty-six years ago young Adam Walsh was abducted from a Florida department store and murdered. His parents, John and Rev, have waged relentless, high-profile efforts to protect children from “sex predators.” The Adam Walsh Child Protection and Safety Act was the result of their efforts, and the efforts of many other parents of murdered children who lobbied Congress for the key component of the Act: an expanded National Sex Offender Registry, imposing up to a maximum of twenty years for sex offenders who do not register.
The second key component of the Act is that it increased the minimum sentence that can be imposed for a violation of 18 U.S.C. § 2422(b) from five to ten years. Section 2422(b) provides:
July 30, 2007
HOUSTON CRIME LAB NEEDS SPECIAL MASTER
Two years ago the “crime lab” for the Houston Police Department was a national scandal. Its shoddy analysis and unprofessional investigation protocol had apparently resulted in the conviction of scores of innocent criminal defendants. Mayor Bob White vowed to clean up the disgraceful mess and restore law enforcement integrity to the crime laboratory. Michael Bromwich, a former U.S. Justice Department inspector, was assigned the task of investigating the crime lab, its procedures, and issue recommendations. Bromwich fulfilled his commission on June 13, 2007 when he issued a 400-page report whose recommendations were not readily embraced by the very city officials who pushed for Bromwich’s investigation in 2005.
July 24, 2007
Rule Against Multiplicity and Child Pornography Crimes, United States v. Buchanan, No. 04-41364 (5th Cir. 04/10/07)
18 U.S.C. § 2252(a)(2) provides:
(a) Any person who –
(2) knowingly receives or distributes, any visual depiction that has been mailed, or has been shipped or transported in interstate or foreign commerce, or which contains materials which have been mailed or so shipped or transported, by any means, including computer, or knowingly reproduces any visual depiction for distribution in interstate or foreign commerce or through the mails, if –
July 16, 2007
THE EXECUTION OF ROBERT WAYNE WILLIAMS
Essay by Billy Wayne Sinclair
E-mail Billy Wayne Sinclair: Billy@JohnTFloyd.com
The death penalty is state lynching.
It is an evil response to the primal need in man to take revenge. This need was graphically illustrated in a dank, foul-smelling Iraqi death chamber moments before Saddam Hussein’s neck was snapped by the hangman’s noose in December 2006 as his enemies celebrated.
July 11, 2007
Court Allows U.S. Citizen to be Executed in Iraq
Mohammad Munaf is an American citizen. In 2005 he traveled to Iraq where, one year later, he was convicted on kidnapping charges and sentenced to death by the Central Criminal Court of Iraq. See, Munaf v. Green, WL 1029074 (D.C. Cir. 04/06/07)
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