Friday, June 4, 2021

Criminal Defense Attorney in San Bernardino, California

San Bernardino Criminal Defense Attorneys believe that every criminal case, just like the person being charged, is unique. To that end, we do not view our cases as simply files to be worked, but view them from the perspective of our clients. We work closely with our clients to ensure the best possible result, with the highest level of service. We view it as our responsibility to ease the stressful burden that comes with being accused of a crime. We believe in personal, honest, one-on-one relationships with our clients. We only know one way to practice criminal defense… and that is to treat every client as if they were our own family. Each client can expect that any advice that is given and the service that is provided, would be the same advice and service that we would provide to our own family. We believe in aggressive advocacy, coupled with creativity. From the moment of your initial consultation, you can expect that we will be working your case towards the best resolution. Our clients see and hear every piece of evidence collected in defending their cases so they are fully informed of the facts, accusations, and defenses. Contact us at to schedule a free consultation.

Monday, March 29, 2021

Judge tosses New Mexico rancher’s claim after he kills wolf

A federal judge has tossed a rancher’s claim that he should still have the right to use federal land in New Mexico after it was revoked for killing a wolf. Craig Thiessen killed an endangered Mexican wolf in Gila National Forest six years ago and has since argued that he should still be allowed to graze his cattle on the 48,000 acres (about 194 square kilometers) of public land, the Santa Fe New Mexican reported on Friday. That argument was rejected this week by U.S. Magistrate Judge Gregory Fouratt. Thiessen pleaded guilty in 2018 for killing the wolf. He faced a year of probation and a $2,300 fine. Later that year, the U.S. Fish and Wildlife Service revoked his company’s permit to graze cattle on the public land. A court document said he had 286 cows and 143 calves on the property. Thiessen has continued legal action in an attempt to keep his cattle on the land. The federal fish and wildlife service has sued Thiessen to remove the cows. Hayden Ballard, an attorney who has represented Thiessen, did not respond to a request for comment on Friday by the newspaper. Representatives from four conservation groups said in a statement that Thiessen had given up his privileges to use the public land after his actions. Greta Anderson from the Western Watersheds Project accused Thiessen on Friday of animal cruelty by killing the wolf. The Santa Fe New Mexican reported that numerous accounts said the young wolf’s leg was caught in a trap and it was then struck with a shovel.

Thursday, December 24, 2020

Sonnet 54

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Trump wants Supreme Court to overturn Pa. election results

Undeterred by dismissals and admonitions from judges, President Donald Trump’s campaign continued with its unprecedented efforts to overturn the results of the Nov 3. election Sunday, saying it had filed a new petition with the Supreme Court. The petition seeks to reverse a trio of Pennsylvania Supreme Court cases having to do with mail-in ballots and asks the court to reject voters’ will and allow the Pennsylvania General Assembly to pick its own slate of electors. While the prospect of the highest court in the land throwing out the results of a democratic election based on unfounded charges of voter fraud is extraordinary unlikely, it wouldn’t change the outcome. President-elect Joe Biden would still be the winner even without Pennsylvania because of his wide margin of victory in the Electoral College. “The petition seeks all appropriate remedies, including vacating the appointment of electors committed to Joseph Biden and allowing the Pennsylvania General Assembly to select their replacements,” Trump attorney Rudy Giuliani said in a statement. He is asking the court to move swiftly so it can rule before Congress meets on Jan. 6 to tally the vote of the Electoral College, which decisively confirmed Biden’s win with 306 electoral votes to Trump’s 232. But the justices are not scheduled to meet again, even privately, until Jan 8, two days after Congress counts votes. Pennsylvania last month certified Biden as the winner of the state’s 20 Electoral College votes after three weeks of vote counting and a string of failed legal challenges. Trump’s campaign and his allies have now filed roughly 50 lawsuits alleging widespread voting fraud. Almost all have been dismissed or dropped because there is no evidence to support their allegations. Trump has lost before judges of both political parties, including some he appointed. And some of his strongest rebukes have come from conservative Republicans. The Supreme Court has also refused to take up two cases — decisions that Trump has scorned. The new case is at least the fourth involving Pennsylvania that Trump’s campaign or Republican allies have taken to the Supreme Court in a bid to overturn Biden’s victory in the state or at least reverse court decisions involving mail-in balloting. Many more cases were filed in state and federal courts. Roughly 10,000 mail-in ballots that arrived after polls closed but before a state court-ordered deadline remain in limbo, awaiting the highest court’s decision on whether they should be counted. The Trump campaign’s filing Sunday appears to target three decisions of Pennsylvania’s Democratic-majority state Supreme Court. In November, the state’s highest court upheld a Philadelphia judge’s ruling that state law only required election officials to allow partisan observers to be able to see mail-in ballots being processed, not stand close enough to election workers to see the writing on individual envelopes. It also ruled that more than 8,300 mail-in ballots in Philadelphia that had been challenged by the Trump campaign because of minor technical errors — such as a voter’s failure to write their name, address or date on the outer ballot envelope — should be counted. In October, the court ruled unanimously that counties are prohibited from rejecting mail-in ballots simply because a voter’s signature does not resemble the signature on the person’s voter registration form. The Pennsylvania Republican Party has a pending petition on the state’s mail-in-ballot deadline in which the party specifically says in its appeal that it recognizes the issue will not affect the outcome of the 2020 election.

Thursday, June 21, 2018

Court makes no ruling in resolving partisan redistricting cases

The Supreme Court will consider whether the purchasers of iPhone apps can sue Apple over allegations it has an illegal monopoly on the sale of the apps. The court said Monday that it will take a case from the U.S. Circuit Court of Appeals for the 9th Circuit, which ruled in January that the purchasers of iPhone apps could sue Apple. Their lawsuit says that when a customer buys an app the price includes a 30 percent markup that goes to Apple. Apple had argued that it did not sell apps, but instead acted as an intermediary used by the app developers. Apple won initially in a lower court which dismissed the lawsuit. In Wisconsin, the Democrats prevailed after a trial in which the court ruled that partisan redistricting could go too far and indeed, did in Wisconsin, where Republicans hold a huge edge in the legislature even though the state otherwise is closely divided between Democrats and Republicans. The Supreme Court said that the plaintiffs in Wisconsin had failed to prove that they have the right to sue on a statewide basis, rather than challenge individual districts. The Democrats will have a chance to prove their case district by district. Waiting in the wings is a case from North Carolina that seemingly addresses some of the high court's concerns. The lawsuit filed by North Carolina Democrats has plaintiffs in each of the state's 13 congressional districts. Like Wisconsin, North Carolina is generally closely divided in politics, but Republicans hold a 10-3 edge in congressional seats. The majority opinion written by Chief Justice John Roberts in the Wisconsin case cast doubt on the broadest theory about the redistricting issue known as partisan gerrymandering. Roberts wrote that the Supreme Court's role "is to vindicate the individual rights of the people appearing before it," not generalized partisan preferences.

USCIS Efforts Lead to Prison Sentence for Fremont Business Owner

Thanks to the efforts of U.S. Citizenship and Immigration Services (USCIS), Venkat Guntipally was sentenced to 30 months in prison for his role in a conspiracy to commit several crimes including visa fraud, obstruction of justice, use of false documents and mail fraud. A federal grand jury indicted Venkat Guntipally, 49, his wife, Sunitha Guntipally, 44, of Fremont, and two other defendants, Pratap “Bob” Kondamoori, 56, of Incline Village, Nev., and Sandhya Ramireddi, 58, of Pleasanton, in a 33-count indictment filed May 5, 2016. The indictment contains charges in connection with the submission of fraudulent applications for H-1B specialty-occupation work visas. “USCIS is committed to combatting instances of fraud, abuse and other nefarious activities threatening the integrity of our nation’s immigration system,” stated USCIS San Francisco District Director John Kramer. “This sentencing sends a strong message to anyone thinking about circumventing or violating our rule of law.” Venkat Guntipally pleaded guilty on April 24, 2017, at which time he admitted that he and his wife founded and owned DS Soft Tech and Equinett, two employment-staffing companies for technology firms. In addition, Guntipally admitted that between approximately 2010 and 2014, he and his wife, together with others, submitted to the government more than one hundred fraudulent petitions for foreign workers to be placed at other purported companies. The end-client companies listed in the fraudulent H-1B applications either did not exist or never received the proposed H-1B workers. None of the listed companies ever intended to receive those H-1B workers. The scheme’s intended purpose was to create a pool of H-1B workers who then could be placed at legitimate employment positions in the Northern District of California and elsewhere. Through this scheme, Venkat Guntipally, along with his co-conspirators, gained an unfair advantage over competing employment-staffing firms, and the Guntipally’s earned millions in ill-gotten gains. Venkat Guntipally also admitted that he and his codefendants obstructed justice, including by directing workers to lie to investigators and by laundering money. Venkat Guntipally was charged with one count of conspiracy, in violation of 18 U.S.C. § 371; ten counts of substantive visa fraud, in violation of 18 U.S.C. § 1546(a); seven counts of using false documents, in violation of 18 U.S.C. § 1001(a)(3); and four counts of mail fraud, in violation of 18 U.S.C. § 1341. He pleaded guilty to the conspiracy charge and the remaining charges were dismissed. In addition to the prison term, the Judge ordered Venkat Guntipally to serve three years of supervised release and ordered him to forfeit $500,000. Venkat Guntipally was ordered to self-surrender on or before June 14, 2019. All three of Venkat Guntipally’s co-defendants previously pleaded guilty to their respective roles in the scheme. Last year, Sunitha Guntipally was sentenced to 52 months in prison, Ramireddi to 14 months’ imprisonment, and Kondamoori to 20 months’ imprisonment for their respective conduct. The prosecution is a result of collaboration between USCIS’s Office of Fraud Detection and National Security, the U.S. Department of State Diplomatic Security Service and Department of Homeland Security’s Homeland Security Investigations. The case was prosecuted by Assistant U.S. Attorney Jonas Lerman with the assistance of Laurie Worthen.

USCIS Redesigns Citizenship and Naturalization Certificates

U.S. Citizenship and Immigration Services (USCIS) began issuing redesigned Certificates of Citizenship and Naturalization today, following a successful pilot in four USCIS field offices and one service center. The redesign of these eight certificates is one of the many ways USCIS is working to combat fraud and safeguard the legal immigration system. We piloted the new certificate design at the Norfolk, Tampa, Minneapolis-St. Paul, and Sacramento Field Offices, as well as at the Nebraska Service Center. The certificates of naturalization are: - N-550, issued to an individual who obtains U.S. citizenship through the naturalization process; - N-578, issued to a naturalized U.S. citizen to obtain recognition as a United States citizen by a foreign state; and - N-570, issued when the original Certificate of Naturalization is lost, mutilated, or contains errors. A Certificate of Citizenship is issued to an individual who obtains U.S. citizenship other than through birth in the United States or through naturalization. The various types of Certificates of Citizenship are: - N-560A, issued to an applicant who derived citizenship after birth; - N-560AB, issued to an applicant who acquired citizenship at birth; - N-645 and N-645A, issued to the family of an individual who served honorably in the U.S. armed forces during a designated period of hostility and died as a result of injury or disease incurred in or aggravated by that service. Form N-645 is issued if the decedent was a male, and the N-645A if the decedent was a female. - Form N-561, issued to replace a Certificate of Citizenship when the original certificate is lost, mutilated, or contains errors. The redesigned certificates of citizenship and naturalization feature a large, central image against a complex patterned background, which helps deter the alteration of personal data. Each certificate possesses a unique image only visible under ultraviolet light and attempts to alter it will be evident. Posthumous Certificates of Naturalization and the Special Certificate of Citizenship each bear a different image, yet feature the same fraud-deterrent security features.