Fogbow

Frater I*I wrote: ↑Tue Jan 03, 2023 9:42 pm

scirreeve wrote: ↑Tue Jan 03, 2023 9:04 pm Joshy had a hearing today and the motion to continue (state case) was granted and trial delayed until Oct. 2023.

Does he have a lawyer...or is he going full SovCit?

He has a court appointed attorney.

Not that anybody much cares, joshy got permission to go to Mesquite to see a new mental health provider because the one in Overton left the area.
https://www.courtlistener.com/docket/60 ... -martinez/

I'd get as far from Josh as I could.. he's

Thanks for the update Poppy, from all his big blazing talk to having to get a court order to go outside a 6-mile radius of his home. The Man bent him over. He's a great example of how stupidity has consequences.

orlylicious wrote: ↑Wed Mar 08, 2023 11:19 am Thanks for the update Poppy, from all his big blazing talk to having to get a court order to go outside a 6-mile radius of his home. The Man bent him over. He's a great example of how stupidity has consequences.

Especially, willful stupidity.

Trial date has been moved to Sep 11 due to other cases, scheduling of experts, and time needed to prepare. joshy is still waiting for a response to his motion to suppress and dismiss. Good luck with that, joshy.
https://www.courtlistener.com/docket/60 ... -martinez/

poplove wrote: ↑Fri Mar 10, 2023 10:52 pm Trial date has been moved to Sep 11 due to other cases, scheduling of experts, and time needed to prepare. joshy is still waiting for a response to his motion to suppress and dismiss. Good luck with that, joshy.
https://www.courtlistener.com/docket/60 ... -martinez/

I'm hoping he gets serious time...

Frater I*I wrote: ↑Sat Mar 11, 2023 12:11 pm

poplove wrote: ↑Fri Mar 10, 2023 10:52 pm Trial date has been moved to Sep 11 due to other cases, scheduling of experts, and time needed to prepare. joshy is still waiting for a response to his motion to suppress and dismiss. Good luck with that, joshy.
https://www.courtlistener.com/docket/60 ... -martinez/

I'm hoping he gets serious time...

Don't even remember what he's charged with. Weapons?

pipistrelle wrote: ↑Sat Mar 11, 2023 12:16 pm
I'm hoping he gets serious time...

Don't even remember what he's charged with. Weapons?
[/quote]

I think felon in possession, but I'd have to do some research on it...

pipistrelle wrote: ↑Sat Mar 11, 2023 12:16 pm

Frater I*I wrote: ↑Sat Mar 11, 2023 12:11 pm

poplove wrote: ↑Fri Mar 10, 2023 10:52 pm Trial date has been moved to Sep 11 due to other cases, scheduling of experts, and time needed to prepare. joshy is still waiting for a response to his motion to suppress and dismiss. Good luck with that, joshy.
https://www.courtlistener.com/docket/60 ... -martinez/

I'm hoping he gets serious time...

Don't even remember what he's charged with. Weapons?

Four charges:

18:922(g) and 924(a)(2) - Felon in Possession of Firearm(1-2)
18:922(g) and 924(a)(2) - Felon in Possession of Ammunition(3-4)

ETA: four charges not two

He's also got a local case that I haven't checked on in a while. I think Scir posted details upthread and I believe it's for weapons and harassing a cop or two.

Four counts on the indictment dated 1 Sept 2021.

https://www.courtlistener.com/docket/60 ... -martinez/

Frater I*I wrote: ↑Sat Mar 11, 2023 12:11 pm

poplove wrote: ↑Fri Mar 10, 2023 10:52 pm Trial date has been moved to Sep 11 due to other cases, scheduling of experts, and time needed to prepare. joshy is still waiting for a response to his motion to suppress and dismiss. Good luck with that, joshy.
https://www.courtlistener.com/docket/60 ... -martinez/

I'm hoping he gets serious time...

Can't imagine him going quietly . . .

Thanks Scir, for the lambo report!

Lambo says Joshy is being charged with "stocking" - not sure if it is in a store or what /s/. Brilliant Lambo also says Joshy has never had gun charges. Lambo doesn't know how to look court shit up. Josh was charged with murder but took a plea deal for firing a gun from a car.

Could that have been "stalking"?

RTH10260 wrote: ↑Sat Mar 11, 2023 5:15 pm Could that have been "stalking"?

Sounds on brand.

pipistrelle wrote: ↑Sat Mar 11, 2023 6:23 pm

RTH10260 wrote: ↑Sat Mar 11, 2023 5:15 pm Could that have been "stalking"?

Sounds on brand.

He's a home school dropout, probably didn't complete third grade.

Thanks for the updates Poppy. Here are his State charges.

Change of plea hearing on Aug 17. No document to share.

70 Jun 13, 2023
MINUTE ORDER IN CHAMBERS of the Honorable Judge Andrew P. Gordon, as to Joshua A. Martinez on 6/13/2023. By Deputy Clerk: M. Johansen. A Change of Plea Hearing is scheduled for 8/17/2023 at 10:00 AM in LV Courtroom 6C before Judge Andrew P. Gordon. (no image attached) (Copies have been distributed pursuant to the NEF - MAJ)

https://www.courtlistener.com/docket/60 ... er_by=desc

Joshy's plea agreement. No gunz and I have to assume he will be getting some prison time.

https://www.courtlistener.com/docket/60 ... -martinez/

poplove wrote: ↑Thu Aug 17, 2023 4:08 pm Joshy's plea agreement. No gunz and I have to assume he will be getting some prison time.

https://www.courtlistener.com/docket/60 ... -martinez/

From what I've seen in past guilty pleas to this charge, he's looking at 3 years, with good time credit it'll be 2.5, and probably 2 years supervised release...

Frater I*I wrote: ↑Thu Aug 17, 2023 5:31 pm

poplove wrote: ↑Thu Aug 17, 2023 4:08 pm Joshy's plea agreement. No gunz and I have to assume he will be getting some prison time.

https://www.courtlistener.com/docket/60 ... -martinez/

From what I've seen in past guilty pleas to this charge, he's looking at 3 years, with good time credit it'll be 2.5, and probably 2 years supervised release...

Is there a Bob in the house? Is there somebody with any ability to understand the Federal Sentencing Guidelines?

I haz a question?

There are recently adopted amendments to the guidelines but they do not go into effect until November. How would this impact any sentence for Joshie, and would they have to use the current version if it was held before November? I am not sure if any of the changes impact him (there is a part on Firearms but I cannot see that it impacts 922, though it is a bit hard to figure, and some stuff on criminal history).

Quick moment it mention that I will likely assume Frater to be on with his estimate, since he has looked at trends, which are easier to follow that then guidelines.

But then I move on to confusion.

In the plea agreement stuff:

Maximum and Minimum Statutory Penalties:
1 7 II Defendant understands that the statutory maximum sentence the district court can 18 II impose for a violation of 18 U .S.C. § 922(g)(l) is not more than 10 years,...

But in 18 U .S.C. § 924 (a)(8), Penalties it says:

(8)Whoever knowingly violates subsection (d) or (g) of section 922 shall be fined under this title, imprisoned for not more than 15 years, or both.

In PUBLIC LAW 117–159 made law in June 2022, 18 USC § 924 was amended by moving 18 USC § 922 (d) and 18 USC § 922 (g) from 18 USC § 924(a)(2), i.e. paragraph 2 which had 10 years, to a new paragraph, (8), which includes 15 years?

Was the prosecutor working from an old Code or do they follow the US Code in force at the time of the violation? It won't matter in this case because he won't receive the max but since I noticed it, I thought I might ask.

Here is the law that changed it (page 17)
https://www.govinfo.gov/content/pkg/PLA ... ubl159.pdf

18 USC § 922 - Unlawful acts
https://www.law.cornell.edu/uscode/text/18/922

18 USC § 924 - Penalties for being a naughty
https://www.law.cornell.edu/uscode/text/18/924

northland10 wrote: ↑Thu Aug 17, 2023 9:14 pm

Using my Fogboz law degree [useable only again SovCit pro se civil suits, your mileage may vary, void where prohibited], I would guess since Joshiepooh was charged before the change he is subject to the previous law, however I'll defer to Sir Bob and our other lawyers who know much more than me on the subject...


But not one of them could fix engine issues on a Cessna 182....

Frater I*I wrote: ↑Thu Aug 17, 2023 5:31 pm

poplove wrote: ↑Thu Aug 17, 2023 4:08 pm Joshy's plea agreement. No gunz and I have to assume he will be getting some prison time.

https://www.courtlistener.com/docket/60 ... -martinez/

From what I've seen in past guilty pleas to this charge, he's looking at 3 years, with good time credit it'll be 2.5, and probably 2 years supervised release...

I spent some quality self-torture time with the Federal Sentencing Guidelines, including using their app to save a little time. After determining the base level of 20 before I turned the page on the Plea Agreement and noticed they said 20 as well (yipee me), I guessed on Criminal History Category since I am not sure of all his convictions. I have decided that it would probably be CHC II or CHC III. If Joshie does not play dumbass for more time, and the court gives up both the two-level downward departure and the one-level downward departure (by my count, he will be above 16 before 3E.1), that would be 27-33 months for the lower CHC category and 30-37 for the next CHC category.

If the court only gives a 2-point departure, he will be right about on 36 months, as Frater predicts. This sort of makes sense as the trends he notices would be working from the same guidelines.

This was more my exercise in figuring this stuff out. There are still upward and downward departures that may come in that I did not look into.

northland10 wrote: ↑Thu Aug 17, 2023 9:46 pm
I spent some quality self-torture time with the Federal Sentencing Guidelines,

Yeah, it's an arcane formula, should you understand it, you'll also be able to turn lead into gold....

Frater I*I wrote: ↑Thu Aug 17, 2023 9:51 pm

northland10 wrote: ↑Thu Aug 17, 2023 9:46 pm
I spent some quality self-torture time with the Federal Sentencing Guidelines,

Yeah, it's an arcane formula, should you understand it, you'll also be able to turn lead into gold....

Pfft, lead into gold is easy, that's Illuminati Basic Training stuff. Sentencing guidelines are some arcane sorcery, though.