And this is why gun control laws don't really work

[Racer X]

Former Georgia Deputy Pleads Guilty in Firearms Case Resulting from Investigation into Violent Extremist Group | USAO-MDGA | Department of Justice

Georgia deputy says he’d charge Black people with fake felonies to stop voting

"Cody Richard Griggers, 28, of Montrose, Georgia, pleaded guilty to one count possession of an unregistered firearm before U.S. District Judge Tilman “Tripp” Self on Monday, April 26."

What he actually DID

" In the group text, Griggers made statements that he was manufacturing and acquiring illegal firearms, explosives and suppressors."

"On November 19, 2020, agents executed a search warrant at Griggers’ residence and searched his Wilkinson County Sheriff’s Office duty vehicle. Inside his duty vehicle, officers found multiple firearms, including a machinegun with an obliterated serial number. The machinegun was not issued to the defendant, and he was not allowed to have the weapon in his law enforcement car. An unregistered short barrel shotgun was found in his home. In all, between the defendant’s residence and duty vehicle, officers found 11 illegal firearms."

“This former law enforcement officer knew that he was breaking the law when he chose to possess a cache of unregistered weapons, silencers and a machinegun, keeping many of them in his duty vehicle. Coupled with his violent racially motivated extreme statements, the defendant has lost the privilege permanently of wearing the blue,” said Acting U.S. Attorney Peter D. Leary. “I want to thank the FBI, ATF and Wilkinson County Sheriff’s Office for their work investigating this case.”"

That US Attorney needs to be fired.

 

[bushmaster1313]

That US Attorney needs to be fired.

It seems you think the U.S. Attorney let the defendant off easy. But consider this:

1) The U.S. Attorney secured a felony conviction at a time when it is very difficult to conduct a criminal trial of any kind.

2) There may have been evidentiary issues that could have caused the evidence to be thrown out.

3) There is no report of the defendant committing acts of violence against persons or property.

4) We will never know, but it is likely that the defendant cooperated in the investigation, and this may have led to many arrests and, more importantly, the prevention of violent crimes.

 

[Absalom]

Indeed. This isn’t state court, where plea bargaining can end up reducing a murder charge to double-parking in front of the victim’s house and get the perp some probation (okay, slightly exaggerated).

Extracting one solid guilty plea to a federal felony will result in substantial prison time at significantly reduced effort. Prosecutors have to perform triage all the time. His statements of intent, repulsive as they were, didn’t appear actionable, and going through the expense of time of a trial to tack on a few more possession charges was likely not considered worth it.

 

[Onomea]

[
What he actually DID

"In the group text, Griggers made statements that he was manufacturing and acquiring illegal firearms, explosives and suppressors..."

Not the sharpest knife in the drawer which I suppose is fortunate.

 

[Dynamite Dan]

He's just another Georgia good ol' boy. What you expect?

 

[Racer X]

There was a case back in the '90s where a convicted felon took 5 stolen handguns with removed serial numbers across state lines, and sold them to other known criminals. All totaled max sentences added up to a possible 422 years. He served less than 10. This was reported in the American Rifleman.

Whats the point of gun control laws when they aren't applied, and the criminals held fully accountable?

 

[johngross]

Whats the point of gun control laws when they aren't applied...?

"There's no way to rule innocent men. The only power any government has is to crack down on criminals. Well, when there aren't enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws. Who wants a nation of law-abiding citizens? What's there in that for anyone? But just pass the kinds of laws that can neither be observed nor enforced nor objectively interpreted—and you create a nation of lawbreakers—and then you cash in on guilt. Now that's the system, Mr. Rearden, that's the game, and once you understand it, you'll be much easier to deal with."

From ATLAS SHRUGGED, by Ayn Rand, 1957.

 

[Muss Muggins]

There was a case back in the '90s where a convicted felon took 5 stolen handguns with removed serial numbers across state lines, and sold them to other known criminals. All totaled max sentences added up to a possible 422 years. He served less than 10. This was reported in the American Rifleman.

Whats the point of gun control laws when they aren't applied, and the criminals held fully accountable?

I could explain federal sentencing guidelines to you in detail, but I'd need a flip chart, a Power Point, a couple handouts, and a pre and post test.

In short, under the sentencing guidelines, the defendant in your original post will be held fully accountable for the number of illegal firearms he possessed, and the defendant in the above quoted post was also held fully accountable under the guidelines, which back in the 90's were mandatory . . .

 

[pawngal]

Correct me if I'm wrong, if sentenced in federal court to 10 years, the person does 10 years, no parole in the federal court system.

 

[sigp220.45]

Correct me if I'm wrong, if sentenced in federal court to 10 years, the person does 10 years, no parole in the federal court system.

No, but there is credit for good time. Someone who is a good boy in prison can expect to do 85% of his sentence. And almost all federal sentences come with a period of “supervised release”. Screw up and you can go back for the statutory maximum of your offense.

 

[sigp220.45]

There was a case back in the '90s where a convicted felon took 5 stolen handguns with removed serial numbers across state lines, and sold them to other known criminals. All totaled max sentences added up to a possible 422 years. He served less than 10. This was reported in the American Rifleman.

Whats the point of gun control laws when they aren't applied, and the criminals held fully accountable?

Ten years federal time is a pretty good knock. You just can’t multiply the max sentence times the number of counts - as Muss says you have to know the sentencing guidelines, which are mysterious and arcane.

The first federal murder case I did was a Blackfeet guy who smashed another Blackfeet guy’s head with a BFR because he thought the dead guy was “touching his stuff” in the shelter. He pled straight up to 2nd Degree murder (which is exactly what it was), and I told the victim’s family he wouldn’t breathe free air again. WRONG! He got 120 months under the sentencing guidelines. Ten years! I never made that mistake again.

 

[BSA1]

It seems you think the U.S. Attorney let the defendant off easy. But consider...

4) We will never know, but it is likely that the defendant cooperated in the investigation, and this may have led to many arrests and, more importantly, the prevention of violent crimes.

I suspect this is the case. Prison time for a ex-cop and now believed to be snitch will be difficult. It will likely be a long 8 1\2 to 10 years.

 

[Muss Muggins]

Ten years federal time is a pretty good knock. You just can’t multiply the max sentence times the number of counts - as Muss says you have to know the sentencing guidelines, which are mysterious and arcane.

The initial press story about a federal indictment always used to irritate the snot out of me back when I worked for the Yankee Gov't. The ill informed and poorly matriculated news readers always made a point, with emphasis, that the defendant faced four counts of whatever, at a sentencing range of 5 to 40 years for a total of 160 years. A massive misunderstanding of federal sentencing.

Federal counts are grouped together for sentencing. The only time that the potential sentence would go above the statutory cap of the count with the highest maximum sentence is if the sentencing guidelines call for it, and that was extremely rare. If there was only one count, with a stat max of 120 months, and the sentencing guidelines were 135 to 168 months, the dude is getting 120. If there's more than one count, the Court can stack the sentences to reach to range.

Very occasionally, federal charges are automatically consecutive. 18 USC 924(c) - using/possessing a firearm in connection with a violent or controlled substance offense, is one example. That's five to seven to ten years, and maybe up to 20 years, consecutive, depending on what happened.

In the case of the wayward officer, he got the lowest starting guideline base offense level because he was not a prohibited person. Then he got increases for the type and number of illegal firearms, maybe an increase for abuse of a position of trust, and a decrease for acceptance of responsibility. The sentence Judge can now vary upward or downward from the established range, and now it happens with some frequency. Back in the day, the range was the range.

As for time to be served, my retired federal compatriot is correct. Good time is 54 days a year after the first year. There was a federal civil case filed by an inmate a little while back that ultimately determined that the BOP was only crediting 47 days a year, and some people got a little time credited.

Get 12 months, do 12 months. Get 12 months and a day (ever see that in the news and wonder?) and do about 10.5 months. Good time is impacted by many things. You must participated in recommended programs, maintain clear conduct, not have any outstanding arrest warrants, develop a viable and acceptable release plan, etc.

Any more than this, and I'm gonna need my flip charts and handouts . . .

 

[Muss Muggins]

I suspect this is the case. Prison time for a ex-cop and now believed to be snitch will be difficult. It will likely be a long 8 1\2 to 10 years.

There are many ex-cops in federal prison, and I dealt with dozens in my career. Their time is as difficult as they make it. Federal inmates are generally in no hurry to assault or intimidate anyone. The BOP goes to great lengths to classify and assign inmates to facilities, and they are well prepared to deal with ex-law enforcement, ex-governors, and ex-doctors alike. I never met an ex-cop post release who said he had much trouble. Unless you're in gladiator school at a USP, your time is generally pretty simple. You just can't leave . . .

 

[Racer X]

Thanks Muss, that clarifies things a bit. But part of the original indignation is that once someone has commited one forearm offense, a second isn't double the penalty.

If people really KNEW, inside, that incontrovertibly, you do this twice, and that once, you were never going to get out alive, might change their behavior. I really believe that. Maybe that's niave.

There was a FFL locally, a full auto dealer, who got a 20 year sentence for having a full auto Thompson that wasn't on the books. 20 years. Was written up in the Washington Arms Collector's monthly newsletter. He was also a WAC club officer. No defaced ser#, not illegally converted, an original WW II bring back, no other crimes, but 20 years.

 

[Muss Muggins]

Thanks Muss, that clarifies things a bit. But part of the original indignation is that once someone has commited one forearm offense, a second isn't double the penalty.

If people really KNEW, inside, that incontrovertibly, you do this twice, and that once, you were never going to get out alive, might change their behavior. I really believe that. Maybe that's niave.

I hate to call anyone naive, so if the following tells you that you are, I apologize. I was involved with putting people in jail for 32 years, and I've been getting them out for the last three. I have yet to meet one who was aware of the potential penalty for their acts prior to committing them. When they reach the prosecution phase of their criminal case, to a crook, the ones that don't go to trial all generally acknowledge that they're good for it, they just don't think it oughta be worth that much time. I discussed 18 USC 924(c) above, and with that crime, the second offense in a single string of crime is double the penalty. Had a couple fellas charged with that, and their reaction was always "Wait, what? . . . "

There was a FFL locally, a full auto dealer, who got a 20 year sentence for having a full auto Thompson that wasn't on the books. 20 years. Was written up in the Washington Arms Collector's monthly newsletter. He was also a WAC club officer. No defaced ser#, not illegally converted, an original WW II bring back, no other crimes, but 20 years.

Must have been a pre guideline sentence. The first sentencing guidelines manual became effective on November 1, 1987, for crimes committed after that date. Before the guidelines, federal sentencing was a free for all . . .

 

[Sistema1927]

In yesterday's Albuquerque Journal there were two notable front page articles. In one of them, a man who was out on bond with a long criminal record, murdered another.

In the other, there was a description of another criminal who has set the revolving door of the justice system almost spinning off of its bearings.

Repeat after me: "Criminals don't obey the law."

(And making more and more laws aren't going to change them.)

 

[Old 44 Guy]

I am not involved either way but it seems to me that this action is another way to further the war on cops. Just my 2 cents.