What about the 2-1/2 ounces of coke he was selling? That should add some time too.
Exactly. Repeat offenders being let loose, just so they can be arrested for and getting brought up on new charges is a big part of the overload.
You think that is bad? Try dealing with immigration and customs law with AUSA…
I can think of two separate instances where a foreign national was smuggling someone in their vehicle, caught by officers… both hidden people were inadmissible to the US… and AUSA declined interest. One, I literally talked to the guy, asked if anyone else was in the truck… he replied his cat, radioed the response… and when he parked, his girlfriend exited with him. Officers on the other side were like… what’s going on? We did what we could as an agency (all parties were removed from the US), but no additional charges shy of that.
Drugs… I found over 2.5 pounds of coke and little less than 1.5 pounds of weed that our K9 missed… but that was returned to Canada because the guy “didn’t mean to be here.”
That all being said… it is a numbers issue. Federal courts can only try X amount of cases. So, prosecutors cherry pick the cases they see zero issue with. That what happened with the three I mentioned above. This also includes specific charges. So if they view that those extra charges in the OP might result in extra “issues” to the case (reasonable doubt)… you see the result. I can think of another case where guy had child porn on his phone… AUSA declined, and we worked with RCMP to get him arrested upon return to Canada (that system is just as bad as ours).
Only times I really see that not being the case is when L/E is on trial (not just Federal). Completely agree (a career where you hate people that are scum like that), but when you get to some of the cases… you really start going “what is happening?” Like that female officer who shot the guy that was driving off with officers next to the vehicle. My eyes, justified deadly force… but because she yelled “taser, taser, taser,” she was convicted. Other end of the spectrum, I had a classmate that was letting in multiple car loads of drugs from Mexico. 23 years… which I feel was WAY too light. I read the trial transcripts, and it is bad when your attorney is arguing that you should get 10 years in prison.
Several times in my career I called the ATF on career criminals in our lockup who were is possession of illegal NFA weapons when they were arrested and was told, no prosecution, just destroy the weapon.
After a while, you stop calling.
Very similar, but Boston FO makes us call people.
I literally start off telling the agent, “I know you likely aren’t coming out, but…”