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Man arrested six times in 7 years on gun charges finally goes to jail

BStrong

Penultimate Amazing
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All it took was trying to rob an ATF uc...after running amok for 7 years w/o legal consequences:

It marked the first time that Otis Mobley Jr., 23, of Richmond had been sent to prison for a gun-related offense after being arrested six times on weapons charges in seven years.

http://www.sfgate.com/default/article/Robber-who-targeted-ATF-agents-gets-9-1-2-years-4524135.php

I've posted before about the situation we face locally in the S.F. bay area where known, convicted criminals are given unbelievable slack in sentencing on firearms crimes. This is the most recent example, but how bad could this really be?

Hold on to your hat:

http://www.sfgate.com/default/article/Reversal-in-case-of-bogus-sale-of-grenade-launcher-3637617.php

"A man charged with arranging the bogus sale of a grenade launcher must remain in custody while awaiting trial rather than writing book reports to a judge, an appeals court has ruled in overturning the judge's decision to release him from jail.

U.S. District Judge Yvonne Gonzalez Rogers had set the unusual conditions in releasing Otis Mobley Jr., 23, on $150,000 bond in May.

She told Mobley, who is accused of trying to rob undercover agents buying the grenade launcher, to "read and complete book reports," spending an hour every day on books and at least half an hour writing.

The judge said she planned to provide a reading list for Mobley.

Federal prosecutors appealed, saying Mobley was a flight risk and a danger to the community because of his criminal history and drug use. During the appeal, Mobley remained behind bars.

A three-judge panel of the Ninth U.S. Circuit Court of Appeals in San Francisco ordered this week that Mobley not be released, saying there were "significant findings weighing in favor of detention."

The panel said it had decided to act despite being "ordinarily reluctant to interfere with a decision of this type." The appeals court did not refer to reading or book reports in its ruling.

Mobley, his cousin Khusar Mobley, 18, and Dmarce Hutcherson, 19, were indicted in U.S. District Court in Oakland for alleged conspiracy to commit robbery, assault on a federal officer, robbery and a weapons violation."


So, let us review - a guy with six previous weapons arrests during the course of seven years engages in a shootout with federal agents involved in an investigation focusing on illegal weapons sales, and a judge wants to grant bail based in part on the perp completing book reports and reading assignments?

I know that many folks here are in favor of stricter and more comprehensive gun control statutes and might not believe or understand me when I explain how gun laws don't seem to be enforced against real rootin' tootin' shootin' bad actors, but here's one right in front of our eyes - when folks discuss enforcing existing laws before going whole hog on new ones, this is exactly what we're talking about.
 
Thank you. I've on numerous occasions said we need to enforce the laws we have, and also give the laws we have more teeth.
 
Thank you. I've on numerous occasions said we need to enforce the laws we have, and also give the laws we have more teeth.

So, wait, you are in favor of gun laws existing?

I feel bad for having missed that from you before now.
 
Absolutely! I want the laws we have to be strictly enforced! I want them to be tough laws too.

No problem Travis, no harm no foul.
 
Any synopsis of his previous weapons charges?

The OP says "arrested for", but no convictions? Sounds like this is the first crime he ever commtted.
 
I call Sensationalist Data Mining here.

He never had any grenade launcher, he was conning the agents. Then he tried to rob them, committing assault and actually shooting. He was lately sentenced to 9 1/2 years.

The lenient 'sentence' was only while awaiting trial. And the article doesn't even mention being sentenced on the illegal weapons charges, neither possession or intent to sell. The whole Grenade Launcher thing is not relevant to the sentencing, and shouldn't be to this thread. It was a con, that failed. Premeditated intent to rob somebody fersure.

Though I do wonder if his history made him a sitting duck for some 'entrapment'. Maybe one 'agent' told him to go ahead and try to sell a vapor-launcher to the other agents. Sounds like a dumb guy, with guns, taken off the street.
 
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Any synopsis of his previous weapons charges?

The OP says "arrested for", but no convictions? Sounds like this is the first crime he ever commtted.

http://blogs.wsj.com/law/2012/05/16/prosecutors-seek-to-overturn-judges-book-report-order/

"Mr. Mobley has never been convicted of a felony, but he has been convicted of several misdemeanors, including “inflicting corporal injury” on the mother of his child and taking a vehicle without the owner’s consent. In the 2009 incident, Mr. Mobley confessed to killing a man in self-defense during a marijuana deal, using a gun he kept on him for protection. He was arrested but was not charged."

In the case where he was convicted last week:


Mr. Mobley allegedly watched from afar as his cohorts got into the undercover agent’s car and put guns to his head. Mr. Mobley ran as more agents swept in and was caught 45 minutes later, according to court documents. Mr. Mobley’s cousin Khusar Mobley and Dmarce Hutcherson, 19, are being held pending trial.

The three were indicted in April on charges of assaulting a federal agent, attempted robbery and conspiring to do both. They also face a weapons charge.



In California, carrying a firearm during the commission of a crime (marijuana deal) let alone the murder, is a felony:

http://www.avvo.com/legal-guides/ugc/california---weapons-offensesca

Penal Code section 12022 – Being Armed During the Commission of a Felony

Penal Code section is a sentencing enhancement that provides for additional prison time to be served consecutive to the time being served for the underlying felony. During the commission of most felonies, being armed with a firearm, or personally using another type of deadly weapon, will get you an additional year in prison (three years if the firearm is an assault weapon). However, if the underlying crime is a drug felony, being armed with a firearm will get you three to five years tacked on to your sentence, under Penal Code section 12022. That’s why mixing guns and drugs in California is a really bad idea. This sentencing enhancement applies whether the firearm is loaded or not.

Penal Code section 12022.5 – Personally Using a Firearm in the Commission of a Felony

Under Penal Code section, using a firearm during the commission of a felony will get you an additional three to ten years added on to your sentence. “Using” a firearm, for the purposes of Penal Code section 12022.5, includes displaying the firearm in a menacing manner, firing it, or hitting someone with it. The gun does not have to be loaded for this sentencing enhancement to apply.


Under federal law, it's a felony too:

http://www.law.cornell.edu/uscode/text/18/924

Mobley is no poor little lost lamb.

Cases like this are what turns LEO's hair white.
 
I call Sensationalist Data Mining here.

He never had any grenade launcher, he was conning the agents. Then he tried to rob them, committing assault and actually shooting. He was lately sentenced to 9 1/2 years.

The lenient 'sentence' was only while awaiting trial. And the article doesn't even mention being sentenced on the illegal weapons charges, neither possession or intent to sell. The whole Grenade Launcher thing is not relevant to the sentencing, and shouldn't be to this thread. It was a con, that failed. Premeditated intent to rob somebody fersure.

Though I do wonder if his history made him a sitting duck for some 'entrapment'. Maybe one 'agent' told him to go ahead and try to sell a vapor-launcher to the other agents. Sounds like a dumb guy, with guns, taken off the street.

So, an ATF uc entrapped Mobley into pulling an attempted armed robbery of ATF uc's?

And the alledged GL is absolutely germane to the case - do you want ATF or local authorities to go after illegal weapons dealers/users or not?

This arrest is exactly what ATF et al should be doing - going after bad actors on the street with firearms in possession.
 
From the OP linked article

"The case drew attention from legal experts who said the episode could have been avoided if not for Mobley's run through the legal system, which saw him avoid prosecution for a string of gun-related arrests that began in 2005."

So on the seventh occasion he finally got convicted. Why is that?

Is it a case of the the system is just poor at getting convictions as the laws are badly written? He was just lucky, something went wrong with each prosecution and in his favour six times? He had a very good lawyer who kept on getting him off?

For me enforcement means the police go out and catch the criminals. Prosecute means they go to court. Successful prosecution means they get punished. Here the law was enforced seven times before there was one successful prosecution. Yet BStrong you say "I explain how gun laws don't seem to be enforced against real rootin' tootin' shootin' bad actors".

So could you clarify for me what you mean by the law needs to be enforced. Do you mean there needs to be more successful prosecutions? If so, why does the existing law not lead to such?
 
From the OP linked article

"The case drew attention from legal experts who said the episode could have been avoided if not for Mobley's run through the legal system, which saw him avoid prosecution for a string of gun-related arrests that began in 2005."

So on the seventh occasion he finally got convicted. Why is that?

Is it a case of the the system is just poor at getting convictions as the laws are badly written? He was just lucky, something went wrong with each prosecution and in his favour six times? He had a very good lawyer who kept on getting him off?

For me enforcement means the police go out and catch the criminals. Prosecute means they go to court. Successful prosecution means they get punished. Here the law was enforced seven times before there was one successful prosecution. Yet BStrong you say "I explain how gun laws don't seem to be enforced against real rootin' tootin' shootin' bad actors".

So could you clarify for me what you mean by the law needs to be enforced. Do you mean there needs to be more successful prosecutions? If so, why does the existing law not lead to such?

Nessie - and this isn't meant as an insult - you have no idea how the criminal justice system works in the rw here in the US.

When Mobley sat in on a buy-bust ripoff including a shootout w/ ATF agents, in public, he and his co-conspirators couldn't be ignored

Actual bad actors with firearms face serious prosecution only if:

1.) It's a dead bang case and the DA is interested.

2.) The victim (if applicable) is sympathetic or noteworthy.

3.) The jurisdiction where the crime is committed has initiated a policy of strict enforcement (least likely)

Because of the mess that is the California Correction system, along with budget cuts for DA's offices and cutbacks to funding for county jail facilities, prosecutors often use their discretion to decline prosecutions unless (frankly) there's something in it for them politically one way or another, or there's enough heat from above to take action.

For the last ten years or so, convicted felons on parole or probation found in possession of firearms have not faced prosecution under state or federal law in California - they are simply remanded back in to custody - for as little as 30 days in some instances - and the felon in possession charge doesn't count as an additional strike under the state "3 strikes" law either.

In the case that we're discussing, this guy was committing crimes in an enforcement environment where his charges didn't get much attention from anybody in the DA's office or at city hall - the perfect recipe for allowing a bad actor to stay their criminal course.

http://www.sfchronicle.com/crime/article/Repeat-gun-arrestee-finally-prison-bound-4520480.php

The attorney quoted in the above article, Don Kilmer, is somebody I know fairly well, and I can't wait to ask him what his full quote was to the reporter that wrote this article, because I don't know of any offender doing 120 days in county for simple firearms possession - you may get sentenced to 120 days, but you'll be released at 20 days max.

The second bolded above is where the rubber meets the road - were I to have my magic wand power over the CJ system, you get a felon with a firearm in possession, they'd go staright to federal court:

I. POSSESSION OF A FIREARM OR AMMUNITION BY A PROHIBITED
PERSON:

18 USC § 922(g) & (n). Punishable by up to 10 years imprisonment. May receive minimum sentence of 15 years without parole if offender has three or more prior convictions for a felony crime of violence (e.g. burglary, robbery, assault, possession of offensive weapons) and/or drug trafficking felony.

And I'd want those maximum sentences to be the rule.

But that isn't what happens, outside of areas where (believe this or not) the NRA supported Project Exile was used by LE:

http://en.wikipedia.org/wiki/Project_Exile

Unfortunately, when PE was brought to Alameda county, where Mobley was running around loose, what worked in Richmond Va. failed in Oakland:

http://www.sfgate.com/bayarea/article/Anti-gun-program-used-in-Bay-Area-called-2640743.php

For some strange reason, arresting, prosecuting and incarcerating criminals works pretty much everywhere except where I live.

Who'da thunk it?

Aside from some spinners on this deal, this is the reality where I live - it's a catch and release world outside of the cases that DA's and politicians might believe will help them, or cases where there is a sympathetic victim the media can show pictures or video of every night.
 
Clearly I do not know as much as you, that was why I asked a series of questions and thank you for your answer. I see now in California's case the existing law needs properly enforced.
 
In California, carrying a firearm during the commission of a crime (marijuana deal) let alone the murder, is a felony:

Is buying any amount of dope a felony in Califorina? If not, is there any evidence of whether the deal was for more than the amount that would have made it a felony?

Penal Code section 12022 – Being Armed During the Commission of a Felony

Penal Code section 12022.5 – Personally Using a Firearm in the Commission of a Felony

These are both about engaging in a felony, not a possible misdemenor.

Secondly, if you are engaged in misdemenor dope buying and the dealer tries to kill you, are you not allowed to protect yourself with deadly force without breaking the law?
 
Richmond, CA is a messed up place. A client of mine had office space there and had to move. They found a willing buyer, agreed on a price, and then found the sale was blocked by the city council. So the seller and buyer had to take the unusual step of petitioning the Richmond city council together in order to allow the move to take place.

Gun crimes like this on the other hand, or shootings on I-80... ho hum.
 
So, wait, you are in favor of gun laws existing?

I feel bad for having missed that from you before now.
Gun laws exist in every state in the Union. Here in Georgia a felon can never legally own a gun or if you have ever been declared mentally incompetent you cannot own a gun.

Only law abiding citizens and the mentally competent can legally own a firearm in my state.

Felons and lunatics sometimes get their hands on guns quite a bit though as there are many ways to obtain a gun illegaly.

If guns are outlawed guns will be smuggled in from various parts of the world and the only people who are disarmed will be law abiding citizens. Its already illegal for anyone in Georgia to own a fully automatic weapon without a special license which costs lots of money.

Nevertheless crooks get automatic weapons often via smuggling on the black market.
 
Is buying any amount of dope a felony in Califorina? If not, is there any evidence of whether the deal was for more than the amount that would have made it a felony?



These are both about engaging in a felony, not a possible misdemenor.

Secondly, if you are engaged in misdemenor dope buying and the dealer tries to kill you, are you not allowed to protect yourself with deadly force without breaking the law?

Here's NORML's summary:

http://norml.org/laws/penalties/item/california-penalties

Here's the actual statute:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=hsc&group=11001-12000&file=11350-11356.5


11351. Except as otherwise provided in this division, every person
who possesses for sale or purchases for purposes of sale (1) any
controlled substance specified in subdivision (b), (c), or (e) of
Section 11054, specified in paragraph (14), (15), or (20) of
subdivision (d) of Section 11054, or specified in subdivision (b) or
(c) of Section 11055, or specified in subdivision (h) of Section
11056, or (2) any controlled substance classified in Schedule III,
IV, or V which is a narcotic drug, shall be punished by imprisonment
pursuant to subdivision (h) of Section 1170 of the Penal Code for
two, three, or four years.


Possession of a firearm during the course of a drug transaction is an automatic felony for the buyer or seller or both.

In general, any death that occurs during the course of the commission of a felony is automaticlly considered murder, and a claimed self defense incident would need to be within some very narrow parameters to pass muster, but's it's entirely possible that in Mobley's case the DA in question simply did not feel the prosecution was worth the time on the court docket - it could also be that the dead individual fell within the "good riddance" category of victim, and the DA wasn't looking to get a two-for-one.
 
Gun laws exist in every state in the Union. Here in Georgia a felon can never legally own a gun or if you have ever been declared mentally incompetent you cannot own a gun.

Only law abiding citizens and the mentally competent can legally own a firearm in my state.

Felons and lunatics sometimes get their hands on guns quite a bit though as there are many ways to obtain a gun illegaly.

If guns are outlawed guns will be smuggled in from various parts of the world and the only people who are disarmed will be law abiding citizens. Its already illegal for anyone in Georgia to own a fully automatic weapon without a special license which costs lots of money.

Nevertheless crooks get automatic weapons often via smuggling on the black market.

Illegal (unregistered) NFA weapons or devices (outside of rifles and shotguns with the barrel cut down below the federal minimum) are pretty rare birds in actual violent crime.

MG's and cans do turn up in searches, resulting in possession charges for the individual(s) involved, but outside of Florida in the late 70's early 80's and certain white power mental defectives, you don't see NFA hardware used in crime.

Sad fact - the one instance of a crime committed with a registered NFA weapon was committed by a LEO.
 
Illegal (unregistered) NFA weapons or devices (outside of rifles and shotguns with the barrel cut down below the federal minimum) are pretty rare birds in actual violent crime.

MG's and cans do turn up in searches, resulting in possession charges for the individual(s) involved, but outside of Florida in the late 70's early 80's and certain white power mental defectives, you don't see NFA hardware used in crime.

Sad fact - the one instance of a crime committed with a registered NFA weapon was committed by a LEO.
I consider an illegal weapon to be a weapon in the handos of a lunatic like the Sandy Hook murderer. It was not legal for him to have a gun and his mother should have taken steps to see that .her weapons were kept out of his reach.

Organized criminals have guns whether they had previously been in prison or jail or not. The guns they have are either stolen or bought for them by friends or relatives.

In the past the mafia actually made some untraceable guns in machine shops and such.
 

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