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	<title>
	Comments on: 11th Circuit holds cant be convicted of both &#8220;possession&#8221; and &#8220;receipt&#8221; of CP	</title>
	<atom:link href="https://floridaactioncommittee.org/11th-circuit-holds-cant-be-convicted-of-both-possession-and-receipt-of-cp/feed/" rel="self" type="application/rss+xml" />
	<link>https://floridaactioncommittee.org/11th-circuit-holds-cant-be-convicted-of-both-possession-and-receipt-of-cp/</link>
	<description>Reforming Florida’s Sex Offender Registry Laws</description>
	<lastBuildDate>Sat, 24 Jul 2021 15:21:07 +0000</lastBuildDate>
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	<item>
		<title>
		By: Ed C		</title>
		<link>https://floridaactioncommittee.org/11th-circuit-holds-cant-be-convicted-of-both-possession-and-receipt-of-cp/comment-page-2/#comment-42701</link>

		<dc:creator><![CDATA[Ed C]]></dc:creator>
		<pubDate>Sat, 24 Jul 2021 15:21:07 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=15878#comment-42701</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://floridaactioncommittee.org/11th-circuit-holds-cant-be-convicted-of-both-possession-and-receipt-of-cp/comment-page-2/#comment-42700&quot;&gt;Concerned Citizen&lt;/a&gt;.

The answer is yes, but only in the 11th Circuit.  Courts in other circuits might consider this &quot;persuasive&quot; but are not bound by the decision.

Veritas.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://floridaactioncommittee.org/11th-circuit-holds-cant-be-convicted-of-both-possession-and-receipt-of-cp/comment-page-2/#comment-42700">Concerned Citizen</a>.</p>
<p>The answer is yes, but only in the 11th Circuit.  Courts in other circuits might consider this &#8220;persuasive&#8221; but are not bound by the decision.</p>
<p>Veritas.</p>
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		<title>
		By: Concerned Citizen		</title>
		<link>https://floridaactioncommittee.org/11th-circuit-holds-cant-be-convicted-of-both-possession-and-receipt-of-cp/comment-page-2/#comment-42700</link>

		<dc:creator><![CDATA[Concerned Citizen]]></dc:creator>
		<pubDate>Thu, 22 Jul 2021 21:24:34 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=15878#comment-42700</guid>

					<description><![CDATA[This seems like a big deal. It’s strange to me that no news outlets, including legal journals and websites, seem to have picked this up.

I’m not real savvy on the courts - does this set precedent for other federal CP cases? It always seemed weird to me that a person could essentially be charged twice for the same crime and many lawyers pointed this out in various blogs, etc. But if this ruling only has a bearing in this case, then I guess it wouldn’t mean too much. Maybe.]]></description>
			<content:encoded><![CDATA[<p>This seems like a big deal. It’s strange to me that no news outlets, including legal journals and websites, seem to have picked this up.</p>
<p>I’m not real savvy on the courts &#8211; does this set precedent for other federal CP cases? It always seemed weird to me that a person could essentially be charged twice for the same crime and many lawyers pointed this out in various blogs, etc. But if this ruling only has a bearing in this case, then I guess it wouldn’t mean too much. Maybe.</p>
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		<title>
		By: CherokeeJack		</title>
		<link>https://floridaactioncommittee.org/11th-circuit-holds-cant-be-convicted-of-both-possession-and-receipt-of-cp/comment-page-1/#comment-42699</link>

		<dc:creator><![CDATA[CherokeeJack]]></dc:creator>
		<pubDate>Wed, 21 Jul 2021 17:04:14 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=15878#comment-42699</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://floridaactioncommittee.org/11th-circuit-holds-cant-be-convicted-of-both-possession-and-receipt-of-cp/comment-page-1/#comment-42694&quot;&gt;TruthandScience&lt;/a&gt;.

Truth

Well I am a good example of that. My occasion was ONE incident. But on my registry page makes me look like a monster. I have even had neighbors say &quot;Well if you had just sex with your young girl friend, why so many charges?&quot;

I do not even try and explain it anymore. I tell them if you are that worried, go down to the court house, pay for the records and knock yourself out.

I had my FDLE page changed once with a lawyer, and it ended up making it worse. They changed me from 2 times a year to 4 times a year registration. The lawyer said for $1000 he would get it corrected. &quot;Nice try pal, not falling for that again&quot;

I think if I challenged the FDLE again, they would change me from an offender to a predator. Not worth finding out. When you challenge any law enforcement, expect revenge.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://floridaactioncommittee.org/11th-circuit-holds-cant-be-convicted-of-both-possession-and-receipt-of-cp/comment-page-1/#comment-42694">TruthandScience</a>.</p>
<p>Truth</p>
<p>Well I am a good example of that. My occasion was ONE incident. But on my registry page makes me look like a monster. I have even had neighbors say &#8220;Well if you had just sex with your young girl friend, why so many charges?&#8221;</p>
<p>I do not even try and explain it anymore. I tell them if you are that worried, go down to the court house, pay for the records and knock yourself out.</p>
<p>I had my FDLE page changed once with a lawyer, and it ended up making it worse. They changed me from 2 times a year to 4 times a year registration. The lawyer said for $1000 he would get it corrected. &#8220;Nice try pal, not falling for that again&#8221;</p>
<p>I think if I challenged the FDLE again, they would change me from an offender to a predator. Not worth finding out. When you challenge any law enforcement, expect revenge.</p>
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		<title>
		By: CherokeeJack		</title>
		<link>https://floridaactioncommittee.org/11th-circuit-holds-cant-be-convicted-of-both-possession-and-receipt-of-cp/comment-page-2/#comment-42698</link>

		<dc:creator><![CDATA[CherokeeJack]]></dc:creator>
		<pubDate>Wed, 21 Jul 2021 16:54:54 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=15878#comment-42698</guid>

					<description><![CDATA[Big J

There are homeless people on the registry because they peed in the woods and someone saw their shlong.

Maybe unrelated but that reminds me of something I saw recently in person. I called 9-11 for a wreck near my house. The guy ran into a tree. When the cops showed up, the call had pulled his pants all the way down and was peeing in the road for all to see.

One of the officer yelled at the guy and said &quot;Are you %@!&#038;ing kidding me right now dude.  Then the officers got a &quot;Officer needs assistance call&quot; and they started to take off. I asked why they were leaving the scene and they said FHP was going to handle it. (So he peed in public AND was drunk and caused damage but you are leaving?)

Anyway, it took FHP 3 hours to show up and I told him to leave. when he asked why, I said because in the 3 hours it took you to get here, someone picked the guy and came back with a wrecker and towed away his car. &quot;Nothing to see here folks&quot;.

So that guy got out of peeing in front of an officer, DUI, And other charges. Luckiest man alive. But the cops have all the time in the World to keep coming to our homes to make sure are home and live where we say we live? Un freaking real. The Hypocrisy is amazing.]]></description>
			<content:encoded><![CDATA[<p>Big J</p>
<p>There are homeless people on the registry because they peed in the woods and someone saw their shlong.</p>
<p>Maybe unrelated but that reminds me of something I saw recently in person. I called 9-11 for a wreck near my house. The guy ran into a tree. When the cops showed up, the call had pulled his pants all the way down and was peeing in the road for all to see.</p>
<p>One of the officer yelled at the guy and said &#8220;Are you %@!&amp;ing kidding me right now dude.  Then the officers got a &#8220;Officer needs assistance call&#8221; and they started to take off. I asked why they were leaving the scene and they said FHP was going to handle it. (So he peed in public AND was drunk and caused damage but you are leaving?)</p>
<p>Anyway, it took FHP 3 hours to show up and I told him to leave. when he asked why, I said because in the 3 hours it took you to get here, someone picked the guy and came back with a wrecker and towed away his car. &#8220;Nothing to see here folks&#8221;.</p>
<p>So that guy got out of peeing in front of an officer, DUI, And other charges. Luckiest man alive. But the cops have all the time in the World to keep coming to our homes to make sure are home and live where we say we live? Un freaking real. The Hypocrisy is amazing.</p>
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		<title>
		By: Brandon		</title>
		<link>https://floridaactioncommittee.org/11th-circuit-holds-cant-be-convicted-of-both-possession-and-receipt-of-cp/comment-page-2/#comment-42697</link>

		<dc:creator><![CDATA[Brandon]]></dc:creator>
		<pubDate>Wed, 21 Jul 2021 15:44:34 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=15878#comment-42697</guid>

					<description><![CDATA[How many teens take nude pictures of themselves and send the pictures to their partner?  How many adults would of done the same if today’s technology existed when they were teens? How can someone violate themselves?  Why not spend resources on the people who produce cp while placing the images online? I thought every time a person views an image the child gets re-victimized, so why not shut the operations down.]]></description>
			<content:encoded><![CDATA[<p>How many teens take nude pictures of themselves and send the pictures to their partner?  How many adults would of done the same if today’s technology existed when they were teens? How can someone violate themselves?  Why not spend resources on the people who produce cp while placing the images online? I thought every time a person views an image the child gets re-victimized, so why not shut the operations down.</p>
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		<title>
		By: CherokeeJack		</title>
		<link>https://floridaactioncommittee.org/11th-circuit-holds-cant-be-convicted-of-both-possession-and-receipt-of-cp/comment-page-1/#comment-42696</link>

		<dc:creator><![CDATA[CherokeeJack]]></dc:creator>
		<pubDate>Wed, 21 Jul 2021 14:29:07 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=15878#comment-42696</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://floridaactioncommittee.org/11th-circuit-holds-cant-be-convicted-of-both-possession-and-receipt-of-cp/comment-page-1/#comment-42695&quot;&gt;F Da Feds&lt;/a&gt;.

F Da Feds

Yeah I had the same issue. If they had not ran me out of money, I would never gone to prison. My parents offered to pay the lawyers but was not going to cause my parents to lose their house for a crime I committed. But I totally would have won in trial. (Forced confession after asking for a lawyer 3 times and being denied that right)]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://floridaactioncommittee.org/11th-circuit-holds-cant-be-convicted-of-both-possession-and-receipt-of-cp/comment-page-1/#comment-42695">F Da Feds</a>.</p>
<p>F Da Feds</p>
<p>Yeah I had the same issue. If they had not ran me out of money, I would never gone to prison. My parents offered to pay the lawyers but was not going to cause my parents to lose their house for a crime I committed. But I totally would have won in trial. (Forced confession after asking for a lawyer 3 times and being denied that right)</p>
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		<title>
		By: F Da Feds		</title>
		<link>https://floridaactioncommittee.org/11th-circuit-holds-cant-be-convicted-of-both-possession-and-receipt-of-cp/comment-page-1/#comment-42695</link>

		<dc:creator><![CDATA[F Da Feds]]></dc:creator>
		<pubDate>Wed, 21 Jul 2021 12:14:53 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=15878#comment-42695</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://floridaactioncommittee.org/11th-circuit-holds-cant-be-convicted-of-both-possession-and-receipt-of-cp/comment-page-1/#comment-42688&quot;&gt;CherokeeJack&lt;/a&gt;.

Cherokee,

My direct appeal was virtually worthless because the federal defenders office did that part since I was out of money. They didn&#039;t argue anything other than whether the sentencing judge erred in the sentence. Federal public defenders are worthless.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://floridaactioncommittee.org/11th-circuit-holds-cant-be-convicted-of-both-possession-and-receipt-of-cp/comment-page-1/#comment-42688">CherokeeJack</a>.</p>
<p>Cherokee,</p>
<p>My direct appeal was virtually worthless because the federal defenders office did that part since I was out of money. They didn&#8217;t argue anything other than whether the sentencing judge erred in the sentence. Federal public defenders are worthless.</p>
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		<title>
		By: TruthandScience		</title>
		<link>https://floridaactioncommittee.org/11th-circuit-holds-cant-be-convicted-of-both-possession-and-receipt-of-cp/comment-page-1/#comment-42694</link>

		<dc:creator><![CDATA[TruthandScience]]></dc:creator>
		<pubDate>Wed, 21 Jul 2021 11:16:48 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=15878#comment-42694</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://floridaactioncommittee.org/11th-circuit-holds-cant-be-convicted-of-both-possession-and-receipt-of-cp/comment-page-1/#comment-42686&quot;&gt;CherokeeJack&lt;/a&gt;.

Cherokeejack....

Yes SIr...It is Called &#039;Stacking the Cards&#039;;

thus that all Charges Will Always Appear on Your Rap Sheet, regardless of Conviction; it Makes the Defendant Appear to Society as More of A Scoundrel;  it is all About, Ill-Intent;...Ask John Walsh!

Thank You!]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://floridaactioncommittee.org/11th-circuit-holds-cant-be-convicted-of-both-possession-and-receipt-of-cp/comment-page-1/#comment-42686">CherokeeJack</a>.</p>
<p>Cherokeejack&#8230;.</p>
<p>Yes SIr&#8230;It is Called &#8216;Stacking the Cards&#8217;;</p>
<p>thus that all Charges Will Always Appear on Your Rap Sheet, regardless of Conviction; it Makes the Defendant Appear to Society as More of A Scoundrel;  it is all About, Ill-Intent;&#8230;Ask John Walsh!</p>
<p>Thank You!</p>
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		<title>
		By: big J		</title>
		<link>https://floridaactioncommittee.org/11th-circuit-holds-cant-be-convicted-of-both-possession-and-receipt-of-cp/comment-page-1/#comment-42693</link>

		<dc:creator><![CDATA[big J]]></dc:creator>
		<pubDate>Wed, 21 Jul 2021 10:12:32 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=15878#comment-42693</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://floridaactioncommittee.org/11th-circuit-holds-cant-be-convicted-of-both-possession-and-receipt-of-cp/comment-page-1/#comment-42683&quot;&gt;Jacob&lt;/a&gt;.

Good discussion for individuals that are currently facing the system; however, remember once your sentence is served and your on the registry it really does not matter what the offense is, your name is still on the registry and for the most part, people don&#039;t distinguish crimes, the fact that your name exists on there is the problem. In fact most individuals don&#039;t understand the difference between an offense that triggers you to be labeled a &quot;Sex Offender&quot; or a Sex Predator&quot;. I believe most computer crimes are considered SO designations.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://floridaactioncommittee.org/11th-circuit-holds-cant-be-convicted-of-both-possession-and-receipt-of-cp/comment-page-1/#comment-42683">Jacob</a>.</p>
<p>Good discussion for individuals that are currently facing the system; however, remember once your sentence is served and your on the registry it really does not matter what the offense is, your name is still on the registry and for the most part, people don&#8217;t distinguish crimes, the fact that your name exists on there is the problem. In fact most individuals don&#8217;t understand the difference between an offense that triggers you to be labeled a &#8220;Sex Offender&#8221; or a Sex Predator&#8221;. I believe most computer crimes are considered SO designations.</p>
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		<title>
		By: Dustin		</title>
		<link>https://floridaactioncommittee.org/11th-circuit-holds-cant-be-convicted-of-both-possession-and-receipt-of-cp/comment-page-2/#comment-42692</link>

		<dc:creator><![CDATA[Dustin]]></dc:creator>
		<pubDate>Tue, 20 Jul 2021 22:08:21 +0000</pubDate>
		<guid isPermaLink="false">https://floridaactioncommittee.org/?p=15878#comment-42692</guid>

					<description><![CDATA[Stacking charges is nothing new. Courts used to be pretty good about merging them upon conviction and sentencing accordingly. But since judges have adopted the typical DA attitude of padding their resumes with tons of conviction years and the average person&#039;s inability to get an appeal heard, stacked sentences have become pretty common as well. At least here in Georgia, most judges open their criminal court sessions with a pledge to sentence another million years before they retire. Betting that happens in a lot of other places.

Also proving the point is that the state supreme court vacates all the stacked sentences in virtually every appeal in a murder case it reviews. I&#039;d bet it would happen a lot more for other charges, but the statute requires an automatic appeal for all capital offenses. Appeals for all other offenses require a lot more financial resources than most of those convicted for them have.]]></description>
			<content:encoded><![CDATA[<p>Stacking charges is nothing new. Courts used to be pretty good about merging them upon conviction and sentencing accordingly. But since judges have adopted the typical DA attitude of padding their resumes with tons of conviction years and the average person&#8217;s inability to get an appeal heard, stacked sentences have become pretty common as well. At least here in Georgia, most judges open their criminal court sessions with a pledge to sentence another million years before they retire. Betting that happens in a lot of other places.</p>
<p>Also proving the point is that the state supreme court vacates all the stacked sentences in virtually every appeal in a murder case it reviews. I&#8217;d bet it would happen a lot more for other charges, but the statute requires an automatic appeal for all capital offenses. Appeals for all other offenses require a lot more financial resources than most of those convicted for them have.</p>
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