14 ms·
Yes; please people let's actually look at what happened at trial, at sentencing, and at appeal. Here's the indictment: https://www.justice.gov/sites/default/fi
by NovemberWhiskey 4y ago
Yes; please people let's actually look at what happened at trial, at sentencing, and at appeal.
Here's the indictment: https://www.justice.gov/sites/default/files/usao-sdny/legacy/2015/03/25/US%20v.%20Ross%20Ulbricht%20Indictment.pdf https://www.justice.gov/sites/default/files/usao-sdny/legacy...
Page 5 of the indictment includes the murder-for-hire activity as part of the first count ("Narcotics trafficking conspiracy"). Ulbricht was convicted on this count of the indictment.
Here is Ulbricht's appeal against sentence to the Second Circuit Court of Appeals: https://caselaw.findlaw.com/us-2nd-circuit/1862572.html https://caselaw.findlaw.com/us-2nd-circuit/1862572.html
Ulbricht doesn't even bother arguing that the court was wrong in considering the murder-for-hire during sentencing, only that they shouldn't merit a life sentence because they probably didn't actually take place.
https://caselaw.findlaw.com/us-2nd-circuit/1862572.html#footnote_68 https://caselaw.findlaw.com/us-2nd-circuit/1862572.html#foot...
- tptacek 4y agoJFWIW: that's the first indictment; there's a superseding indictment introduced later that makes the murder-for-hire component even clearer. Later I removed ", and bets more of the case on it.", to dial it back a little.
- notch656a 4y agoThe indictment can shot-gun whatever sort of overt acts the grand jury buys into that they like. A conviction usually only needs one qualifying overt act, so a conviction is not at all evidence the accepted overt act was any of the murder-for-hire accusations. What you're doing here is presenting the indictment with the murder-for-hire as overt acts and relying on the sleight of hand that the reader will assume the conviction asserts the overt acts, when in fact the conviction only generally relies on at least one overt act (and need not be any murder-for-hire related one).
- tptacek 4y agoThat's definitely not what the sentencing memoranda and final sentencing order say. I'm going to tend to believe that the judge knows more about which facts were and weren't found at trial over the opinions of message boards, which, as you can see, are repeatedly and blatantly wrong about core details of the case.