Buju Banton Appeal Brief Filed

Team Gargamel is extremely pleased to announce that Buju’s attorney of record, David Oscar Markus ofMarkus & Markus Law, filed the Brief Of The Appellant, on behalf of Mark Anthony Myrie p/k/aBuju Banton, with the United States Court of Appeals earlier this morning. The gripping, 73-page document thoroughly picks apart the squirrely details surrounding the case of “The Recording Artist vs The Con Artist.”

Full Appeal: http://www.scribd.com/doc/75871200/Buju-Banton-s-appeal

The Appeal itself is broken down into three main arguments:

I.  AS BOTH A MATTER OF LAW AND FACT, MYRIE  IS NOT GUILTY OF CONSPIRACY TO DISTRIBUTE COCAINE OR TO AID AND ABET OTHERS IN USING THE TELEPHONE TO FACILITATE A COCAINE DISTRIBUTION CONSPIRACY

II.  IN THE ALTERNATIVE, THE GOVERNMENT’S EFFORTS TO IMPLICATE MYRIE CONSTITUTED ENTRAPMENT BECAUSE MYRIE LACKED PREDISPOSITION TO PARTICIPATE IN A DRUG CONSPIRACY

III.  THIS CASE MUST BE DISMISSED DUE TO THE DISTRICT COURT’S VIOLATION OF THE SPEEDY TRIAL ACT

In addition to the brief, Mr. Markus has requested an oral argument, where 3 judges listen to the case, “because it will assist the Court in understanding the multiple legal issues presented in this case.” Only 10% of all appeal cases are granted this opportunity.

The Court of Appeals will decide whether to allow oral argument, and when all is said and done, will usually take between a month and a year to rule.

Source:  http://thisisbujubanton.wordpress.com/2011/12/16/buju-banton-appeal-brief-filed/

Buju Banton’s lawyers file appeal

The legal representation for embattled Reggae superstar, Mark “Buju Banton” Myrie officially filed an appeal on behalf of the beloved singjay.

The appeal was filed by Buju attorneys,David Oscar Markus, Mona Markus, Anita Margot Mossand Marc Seitles in the United States Court of Appeal for the Eleventh Circuit in Georgia on Friday. In the appeal, Buju’s legal team seeks that the singjay’s ten year sentence on drug charges this past June be reversed; suggesting that the case should be dismissed citing prejudice or that the artiste should receive a new trial.

Buju’s lawyers contend in the appeal that the district court erred in failing to grant Myrie’s judgment of acquittal as a matter of law, claiming amongst other things: “The undisputed evidence is that Myrie did not agree to participate in the drug conspiracy that eventually was reached among others.”

Also, “Myrie had almost no participation in the telephone call forming the basis of the government’s charge that he aided and abetted the ‘facilitation’ of a drug conspiracy, and in fact the telephone call in question did not facilitate a drug conspiracy in any event.”

Furthermore, “Whether the district court erred in failing to find that Myrie was entrapped as a matter of law, where there was no evidence that Myrie was predisposed to engage in a cocaine distribution scheme, and the undisputed evidence was that the government pursued a lengthy, intense, unrelenting campaign to target Myrie through an unsupervised paid informant who was desperate to earn a cut of the deal.”

Finally, “Whether the district court erred in failing to dismiss the case based on the expiration of the speedy trial clock.”

Buju’s lawyers also intimate that the district court made a mistake in failing to discover that he was entrapped as a matter of law, as he was not predisposed to participate in a cocaine conspiracy and his involvement was the result of improper government inducement.

Additionally, they intimated that Buju was an unwilling participant in the drug deal; arguing that his consistent efforts to avoid following up government informant Alex Johnson’s consistent and emphatic efforts to draw Myrie in and because the speedy trial clock ran long before his case was tried, the case should have been dismissed with prejudice.

Buju Banton was initially convicted of three drug-related charges in February for the December 2009 incident in which he stood accused of conspiring to organize a drug deal within a police-controlled warehouse.


Source: http://www.examiner.com/jamaican-pop-culture-in-national/buju-banton-s-lawyers-file-appeal Jodee Brown, Jamaican Pop Culture Examiner

Buju Banton Heads to Relatively Safer Miami Prison After Stay in Rough Texas Jailhouse

Buju Banton has been on the move during the first few months of his ten-year sentence on federal drug charges. The iconic dancehall star went from Florida to Oklahoma to Texas, back to Oklahoma, and he'll soon be en route to the Federal Correctional Institution Miami, according to David Oscar Markus, Banton's attorney.

Plans to place Banton in a Mississippi prison fell through when authorities discovered that a codefendant in the case had already been assigned to the facility. Authorities then stowed Banton in a Federal Transfer Center in lovely Oklahoma City before moving him to a correctional institution in the dreadful-
sounding city of Groesbeck, Texas.

"He was at one of the worst places you can imagine -- a county facility that had been converted to house federal inmates," Markus said. "The place was used for short-stay Mexican nationals who were going to be deported. It was filled with Mexican gangs. Buju was one of very few black men in there. It was really violent."

A Tampa jury found Banton guilty of conspiracy to possess with intent to distribute cocaine, possession of a firearm in furtherance of a drug-trafficking offense, and using the wires to facilitate a drug-trafficking offense in February 2011, days after he won a Grammy for best reggae album.

Federal Judge James S. Moody Jr. later tossed the gun charge, given the fact that Banton had never met or spoken with James Mack, a codefendant from Georgia who brought the gun to the drug deal, which turned out to be a sting operation orchestrated by a government informant. Banton was hundreds of miles away, resting in his Tamarac duplex, when the bust occurred.

Both Judge Moody and the Jamaican consulate urged the Federal Bureau of Prisons to move Banton from the Texas facility.

"We're very appreciative that Judge Moody stood by his initial recommendation that Buju should be in Miami," Markus said. "And he made a point to comment that Buju is a peaceful person and shouldn't be housed in a violent facility."

Markus said he plans to file an appellate brief with the Eleventh Circuit Court of Appeals in Atlanta later next month.

Source: http://blogs.browardpalmbeach.com/countygrind/2011/11/buju_banton_prison_miami.php

Buju Banton, promoters endorse upcoming benefit concert

On December 3, 2011, patrons are expected gather around a Tampa, Florida stage seeking to hear lyrics promoting messages of peace, love and harmony from their favorite Reggae superstars. However, while performers will offer various selections of a positive nature, they’ll collectively try to honor an embattled singjay who nurtured his music to provide upliftment for fans worldwide.

Next week Saturday, the Buju Banton benefit concert will take place at the Supa D Tropical Bar & Grill in Tampa, Florida; starting at 1pm. Buju, currently serving a ten year sentence on drug related charges, becomes the subject of an event dedicated towards providing financial support ahead of an appeal on his three convictions stemming from a December 2009 incident. The lineup card for the benefit concert includes internationally renowned Reggae artistes, Delly Ranx, Gramps Morgan, Nadine Sutherland, Glen Washington and Norris Man amongst others whilst featuring a yet-to-be named special guest artiste. Also, persons planning to attend the show will be asked to make a US$20 donation for the cause as organizers hope to make at least US$50,000 from the concert for Buju’s legal defense.

The event’s main organizer, Taranee Jiles, is a long-time friend of Buju Banton; desiring a concept to help the artiste’s cause whilst languishing in a Texas federal prison. Out of friendship and the hope Buju walks free sooner rather than later, Jiles formulated the idea of the benefit concert; an idea fans and supporters of the Grammy-winning singjay quickly bought into.

“Mark is my friend and nobody was doing anything to help him, everybody was just talking, but nobody was acting,” Jiles intimated.

“With Buju's blessings, I decided to do a benefits concert for him. Ran the idea also by his fellow artists and some other supporters, who all thought this was a good idea.”

Buju Banton himself, through his legal team, issued a statement regarding the concert; urging his fans to turn out for the event.

“I, Mark Myrie – aka Buju Banton, support and deem the concert being organized by Taranee Jiles to be a legitimate undertaking in order to raise funds for my legal defense and pending appeal. Your kind support will be greatly appreciated. Thanks in advance,” the statement read.

After meeting with the owner of the Supa D Tropical Bar & Grill, Dwight Blake, the idea began to play out; drawing in several Reggae acts along the way.

According to Jiles, the concert not only raises awareness that Buju needs supports in his toughest hour but raises his already iconic stature to new heights given what his music provided for fans worldwide.

“We are our brother's keeper! Buju's music is uplifting and has touched people's hearts in Jamaica as well as the rest of the world; proof of that is his recent Grammy win. Buju's physical presence is surely missed,” Jiles insisted.

She continued, “His fellow artists come together in unity to aid this cause. It is time for the people to give back and uplift him now. It will give him the opportunity to defend himself. The concert will help uplift him and assure him, ‘You are not alone; we got your back.’  It proves to the world ‘Solidarity.’”

Meanwhile, Blake, fellow organizer of the event, intimated that it was natural for him to support the cause given that he’s been a fan of Buju Banton for several years; finding his situation rather unfortunate. Confident that a positive turn out would occur for the benefit concert at his venue, Blake believes that not only will it unify Buju’s legions of fans, the event can also raise the profile of Reggae music.

“Reggae is a genre that every walk of life recognizes and love, it doesn’t matter where you come from. Many people of different ethnicity, race and culture enjoys reggae and it’s something that can continue to be introduced to those who never heard it or take the time to listen to. Encouragement is the key and promoting the event encourages others to come out and support the cause,” Blake said.

Jiles echoes Blake’s sentiment; explaining that Reggae music has done so much for society that they would be remised if they didn’t honor one of its patriarchs.

“It (Reggae) has a long history and originated from Slavery days with very powerful and meaningful lyrics and as a form of communication to help fight oppression. It helped uplift Mankind of all walks of life to overcome/to push forward and to stay strong! This concert will help the Reggae Industry in General by keeping the fyah blazing,” Jiles said.

Furthermore, Jiles implied that despite Buju’s current predicament, it will strengthen the established singjay as well as the Reggae genre going forward.

“You might be able to clip the branches, but you cannot remove the Root. Same as you can imprison the physical body, but not imprison the spirit. Reggae Music will not be suppressed, but is here to stay!”

Source: Buju Banton, promoters endorse upcoming benefit concert - National Jamaican Pop Culture | Examiner.com http://www.examiner.com/jamaican-pop-culture-in-national/buju-banton-promoters-endorse-upcoming-benefit-concert#ixzz1ejUjALfh

Buju moved to Texas

REGGAE artiste Buju Banton will serve his ten year prison sentence at the Limestone County Correctional Institution in Groesbeck, Texas. Banton was moved from a holding facility in the state of Oklahama by air to the facility on Friday.

He spent more than a month at the Federal Transfer Center (FTC) in Oklahoma City, Oklahoma after being moved from the Pinellas County Jail in Tampa, Florida.

Banton, whose inmate number is 86700-004, is set to be released on February 1, 2019.

Register as Mark Anthony Myrie, Banton was found guilty of drug related charges and sentenced to 10 years in a Tampa, Florida court in February. A first trial ended in a mistrial after a panel of jurors could not unanimously decide on his guilt or innocence.

He has maintained his innocence and claims he was entrapped by the United States Government.

Source: http://www.jamaicaobserver.com/news/Buju-moved-to-Texas#ixzz1YtlN8eek

Buju yet to start serving prison sentence; remains in transit

 
Embattled Reggae superstar, Mark Myrie, more popularly known as Buju Banton, has still yet to officially serve his prison sentence as there remains doubt as to where he’ll actually serve his time.

Banton was due to be housed at a holding facility in Oklahoma but the official website for the Federal Bureau of Prisons has him listed as “in transit,” despite insisting they have him in their custody. According to Buju’s lawyer, David Markus, Buju was scheduled to serve his ten year sentence at a prison facility in Mississippi but now will be transferred to a facility in Texas. A source close to the situation told the Jamaica Observer that Buju is being transferred to the medium security Texas facility given that a co-defendant in the case is already serving his time at the Mississippi prison.

Meanwhile, Markus has once again indicated that he will appeal Buju’s ten year sentence but are still waiting from information relating to the “Optimistic Soul” singer’s trial in February. "We are still waiting on the transcripts from the trial, so the appeal has not been filed yet. It will most likely be filed around Thanksgiving,” Markus told the Observer. Despite the cloud surrounding the whereabouts of Buju & his struggles behind bars, Markus intimated that Banton remains upbeat & hopeful that the appeal would be successful.  "Buju would like his friends, family, and fans to know that he is hanging in there and waiting to be transferred. We are still fighting on appeal and are hoping for better days ahead," Markus stated.

Source: http://www.examiner.com/jamaican-pop-culture-in-national/buju-yet-to-start-serving-prison-sentence-remains-transit

Buju moved

REGGAE star Buju Banton is now being transferred from the Pinellas County Jail in Florida to a correctional facility in Mississippi to begin serving his 10-year sentence.

Banton will be taken to the Adams County Correctional Center in Natchez, Mississippi.

A bed shortage at the Pinellas County Jail in Florida has forced US officials to move Buju Banton to a private corrections facility in Mississippi.

Defence attorney David Oscar Markus, who represented the embattled artiste, in his drug trial, told the Sunday Observer that United States magistrate James Moody recommended that Banton serve his sentence at a facility in Florida, but a shortage of beds caused him to be transferred to the Mississippi-based prison.

"The judge recommended that he serve his time in Florida, but there were no beds in Miami, and the ultimate decision was made by the Bureau of Prisons. We are hopeful that when a bed opens up down here (Florida) that we can get him transferred so that it is easier on his family (and us) to see him," Markus said.

The Adams County Prison has the capacity to house 2,232 male prisoners and is owned by the corrections management provider, CCA.

The company is the fifth-largest corrections system in the US and houses 75,000 offenders and detainees in more than 60 facilities across that country.

CCA is a private corrections business which specialises in the design, construction, expansion and management of prisons, jails and detention facilities, as well as inmate transportation services.

The artiste was sentenced in the Sam Gibbons US Court in Tampa, Florida in June this year of conspiring to negotiate a drug deal in a police-controlled warehouse in Florida.

Banton, whose real name is Mark Myrie, was arrested at his home in Tamarac, South Florida after almost a year of surveillance of telephone and live conversations and video recordings that included him tasting cocaine in a Saratoga warehouse.

He has consistently pleaded his innocence and maintained that he was entrapped by government informant Alexander Johnson, who he claims was paid US$50,000 to ensnare him.

The 38-year-old artiste has since signalled his intention to pursue higher education in the form of a master's degree in economics and political science while he is incarcerated.

His attorneys have also indicated that they are planning to appeal his sentence before a three-member panel of judges in an appellate court in Georgia.

Source: http://www.jamaicaobserver.com/news/Buju-moved_9389729

Buju Banton begins appeal

Dancehall star Buju Banton has started the second round in his battle for freedom.

But it could take up to 18 months before Buju, whose real name is Mark Myrie, knows if he will escape a 10-year prison sentence which was imposed on him by a United States judge after he was convicted on drug charges.

Lawyers representing Buju on Tuesday filed a formal notice of appeal in the US Court of Appeals for the Eleventh Circuit.

Attorney-at-law David Oscar Markus told The Gleaner that he is moving ahead with his appeal of the guilty verdict handed down against the artiste.

Markus will also be challenging the 10-year sentence imposed by US judge, Jim Moodie.
"Our appeal is due to be filed 40 days after we receive the transcripts (of the trial) which we are still waiting for," Markus said.

"We will not give up for Buju, who is thankful to all of his fans and friends for their continued support," Markus added yesterday.

18-month wait

He could not say when the appeal would be heard, but noted that it generally takes about 18 months to get a decision from the US Court of Appeal Eleventh Circuit.

The Appeal Court is based in Atlanta Georgia, but has satellite courts in Florida, Mississippi and Alabama.
Three judges will hear the case and Markus is prepared for the fight.

Minutes after the sentence was handed down last month, Markus told reporters outside the court that his appeal would be based on the argument that there was insufficient evidence to convict Buju on the drug count.
The attorney further argued that there was entrapment as a matter of law because of the US government informant Ian Johnson who first approached Buju about getting involved in a cocaine deal.
Buju is now languishing in a minimum security Federal prison serving his sentence.



Source: http://jamaica-gleaner.com/gleaner/20110707/lead/lead7.html

Buju moved to different jail

CONVICTED Reggae artiste Buju Banton has been transferred from the Pinellas County Jail to the Citrus County Jail in Tampa, Florida.

The artiste will be processed by correctional staff at that penal facility before he knows where he will spend his 10 year sentence for conspiracy to possess with intent to distribute five or more kilogrammes of cocaine. His attorney David Oscar Markus told the Observer that the prison board had not yet decided which prison Banton will be housed.

He was sentenced in the Sam Gibbons US Court by Judge James Moody two Thursdays ago.
Banton, whose is registered as Mark Anthony Myrie, will not have any of his assets seized by the United States government after testimony by a drug enforcement agent that despite investigating him for over a year, there was no evidence that he profited from any illicit drug transaction.

He was arrested in December 2009 at his home in South Florida hours after his two co-defendants, Ian Thomas and James Mack were arrested after they attempted to buy large amounts of cocaine from federal agents in a police controlled warehouse.
Both men have pleaded guilty and were sentenced to 51 months.

Banton meanwhile has signalled his intention to earn a Masters degree in political science and economics during his incarceration.

Despite being sentenced to 10 years, the Grammy winning artiste could be set free in six years as his 18 month remand while awaiting the outcome of his trial and good behaviour while in prison could see him spending just six years.


Source: http://www.jamaicaobserver.com/news/Buju-moved-to-different-jail

Buju turns to academics - Artiste pursuing master's degree

Source: http://www.jamaicaobserver.com/news/Buju-turns-to-academics_9068454

AS Buju Banton says goodbye to his freedom for what could be at least six years behind US prison walls for a drug conviction, the Rastafarian reggae artiste says he intends to spend his time seeking higher learning.
Speaking exclusively with the Sunday Observer after his 10-year sentence was handed down in the Sam Gibbons Federal Court in Tampa, Florida last Thursday, Banton (real name Mark Anthony Myrie) said he was already attending classes inside the Pinellas County Jail in Tampa and planned to attain a master's degree by the time his federal sentence is served.

"I am already going to classes. I have passed the acceptance test and I will be studying political science and economics. I hope to get a master's by the time I am released," Myrie said.
With steely resolve ringing in his voice during a telephone conversation with this newspaper, Myrie was adamant that he would not crumble under the pressures of incarceration and said he was determined to make good out of his troubles.

"I can do anything I put my mind to; you know that. I have balls of steel. People who know me know that I am very determined and will achieve my goals despite hardships. I will not allow the system to conquer me," the artiste declared.


In the United States, inmates serving federal time are allowed to pursue tertiary education in an effort to rehabilitate them and curb the high rate of recidivism.
A study by the Graduate Centre of the City University of New York revealed that inmates who take college classes while in prison are four times more likely to stay out of trouble when they are released. The research showed that only 7.7 per cent of inmates who took college courses returned to prison, compared to 29.9 per cent of those who did not. The New York study also found that college prison programmes save US taxpayers about US$900,000 per 100 students every two years.
Myrie's attorney, David Markus, has repeatedly pointed to his client's strength of character and told reporters that despite being jailed for 18 months since December 2010, the artiste had remained optimistic and in high spirits.

Markus was dismissive of suggestions by reporters outside the courtroom that guilty pleas by Myrie's co-defendants Ian Thomas and James Mack had a bearing on the 10-year sentence meted out to the artiste.
Thomas and Mack both received sentences of 51 months after filing guilty pleas. Both were held attempting to purchase a large quantity of cocaine from undercover drug enforcement agents in a police-controlled wharehouse in Sarasota, Florida, hours before Myrie himself was arrested at his home in Tamarac, South Florida and carted off to jail.
"There is a big difference. Mark has fought two trials and I think that stands for what kind of character Mr Myrie is to the other people," Markus said.
Myrie, dressed in his grey prison uniform with shackles around his ankles, seemed resigned to his fate in the courtroom last Thursday, even flashing a brief smile after his sentence was handed down by United States Judge Jim Moody .

He laughed loudly many times during his brief conversation with the Sunday Observer.
He repeated his expression of thanks for the outpouring of support and urged his fans and well-wishers to be strong.

"Even though the days ahead may be filled with despair, I will prevail over this malady that has befallen me. I may be down but not out and I shall return," was his message.
Markus has signalled his intention to appeal the judgement in an appellate court in Atlanta, Georgia and exuded confidence that the possibility exists that the 38-year-old Myrie could be out of prison in two years if his arguments hold water with a three-member panel of judges.
Moody had on Thursday dropped the charge of possession of a firearm in furtherance of a drug offence against Myrie.

"We are looking forward to the appeal," said Markus. "We believe we have a lot of good issues on the appeal and now that we have knocked out two of the counts we have got two to go. We are not going to stop fighting on those two."

Buju Banton, the only surviving son for his late mother and the only son sired by his father Benjamin Myrie, shot to prominence in the early 1990s with the hit song Browning. He ruled the world of dancehall with his raspy vocals and catchy lyrics before his conversion to the Rastafarian faith about six years later.
Since then, he has had five Grammy nominations and was awarded the Reggae Grammy earlier this year for his album Before The Dawn, just weeks before he was convicted by a 12-member panel of jurors for his role in a cocaine deal.

An earlier trial in 2010 ended in a mistrial after a jury could not unanimously decide on his guilt or innocence.

Buju Banton timeline

Source: http://www.jamaicaobserver.com/entertainment/Buju-Banton-timeline_9055035


SINCE the early 1990s, the name Buju Banton has been at the forefront of the Jamaican and international reggae/ dancehall music fraternity. The deejay, known for his engaging live performances fuelled by a poignant catalogue of music, was yesterday convicted on drug charges. Here is a look at the time line of the artiste.

1972 -- Mark Anthony Myrie is born in Salt Lane, St Andrew on July 15.
1986 -- a young Buju is introduced to producer Robert Ffrench by fellow deejay Clement Irie.

 The publicity photo of the artiste released in the early 1990s. At right: The high-riding deejay prior to his embrace of Rastafari and growing his locks.

1987 -- Buju drops first single. Debuting with the track The Ruler.
1991 -- Buju joined Donovan Germain's Penthouse Records label leading to the release of popular hits including Bogle, Browning and Black Woman.
1992 -- Re-release of Buju Boom Bye Bye, which had been recorded years earlier.
1994 -- Buju, reportedly affected by the singer Garnett Silk's death, embraces Rastafari and begins growing his locks.
1995 -- Buju releases what is considered his seminal album 'Til Shiloh -- marking a slight shift away from dancehall towards roots reggae.
1999 -- Buju drops Inna Heights which earns him a Grammy nomination.
2004 -- Saw the release of the politically charged Friends for Life album which also received a Grammy nod.
2007 -- In a return to his dancehall roots, Buju dropped the album Too Bad which also found favour with the Grammy panel.
2009 -- On April 21 Buju releases album Rasta Got Soul.
2009 -- In September, Buju kicks off Rasta Got Soul tour of the United States at the Trocadero Theatre in Philadelphia. However, the tour is plagued by cancellations due to pressure from gay rights groups.
2009 -- On October 13, following the cancellation of a number of dates on his Rasta Got Soul tour, Buju meets with four members of San Francisco's gay community.
2009 -- In December Drug Enforcement Administration agents remanded Banton into custody in Miami, where the US District Attorney charged him with conspiracy to distribute and possession of more than five kilogrammes of cocaine.
2010 -- On September 27, the case against Buju Banton was declared a mistrial after the jury was unable to reach a unanimous decision.
2010 -- Before the Dawn, the ninth studio album from Buju is release in North America and Japan on September 28.
2010 -- on November 10, Buju is released on bond.
2011 -- January 16, Buju performs to a sold-out audience at a specially arranged fund-raising concert held at the Bayfront Park Amphitheatre in downtown Miami.
2011 -- On February 13 -- one day before the scheduled start of his retrial in Tampa, Florida -- Buju Banton's Before The Dawn album is announced as the winner of the Best Reggae Album category at the 53rd annual Grammy Awards being held at the Staples Centre in Los Angeles, California
2011 -- February 22 -- Buju is found guilty of conspiracy to possess with intent to distribute five or more kilogrammes of cocaine, possession of a firearm in furtherance of a drug-trafficking offence and using communication wires to facilitate a drug-trafficking offence. He was found not guilty on the charge of attempted possession of five kilogrammes or more of cocaine.

Buju gets 10 years

Source: http://www.jamaicaobserver.com/news/Buju-gets-10-years


REGGAE artiste Buju Banton was today sentenced to 10 years by United States magistrate Jim Moody in the Sam M Gibbons US Court in Tampa Florida. He will be incarcerated at the FCI prison facility in Miami.
The artiste – real name Mark Myrie – was found guilty in February of conspiring to negotiate a drug deal in a police controlled warehouse in Florida.
 
The charge of possession of a firearm in furtherance of a drug offense was dropped however.
The artiste was slapped with the heavy sentence despite pleas for leniency by his attorney, his children, movie star Danny Glover and other character witnesses.
Banton, whose real name is Mark Anthony Myrie, seemed resigned to accept his fate and calmy accepted the verdict.
His attorney David Oscar Markus has signalled his intent to appeal Banton's guilty verdict and indicated that he would move with alacrity to secure the artiste's release.

The sentence was handed down in front of a packed courthouse which included members of the artiste's family, his close friend Wayne Wonder, his manager Traci McGregor and reporters.
Many persons, including artistes and Banton's close friends Gramps Morgan and Delly Ranks who came to hear the verdict were turned back after court officials indicated that the courtroom was packed and Moody had already been seated at minutes to 9:00 am.
The sentencing hearing lasted just over an hour and many of Myrie's supporters and family members cried openly.
The artiste will serve his time at the penal facility in the state of Florida.
Myrie underwent two trials after the first trial ended in a mistrial in 2010. He was however found guilty of conspiracy to possess with intent to distribute five or more kilogrammes of cocaine, using the wires to facilitate a drug offense and possession of a firearm in furtherance of a drug trafficking offence.
Banton's two co-conspirators, Ian Thomas and James Mack both plead guilty after they were held in a sting operation attempting to purchase cocaine from federal agents in a police controlled warehouse in Tampa.
The US government built their case around wiretap and video evidence which caught Banton tasting cocaine and making several statements of the purchasee and sale of large amounts of contraband.

Buju is a rock

BY KARYL WALKER Observer Online news editor walkerk@jamaicaobserver.com
Sunday, April 17, 2011

DESPITE languishing in the Pinellas County Jail in Florida almost two months after being convicted on drug charges, Reggae star Buju Banton is said to still be in high spirits and is keeping his fingers crossed that he will be able to walk free.

The artiste was found guilty by a 12-member panel of jurors, during a second drug trial in Tampa, Florida in February, of conspiracy to possess with intent to distribute five or more kilogrammes of cocaine, possession of a firearm in furtherance of a drug-trafficking offence, and using the wires to facilitate a drug-trafficking offence.

He was found not guilty of attempted possession with the intent to distribute cocaine.
Banton is scheduled to be sentenced on June 23 and could be locked away for 15 years to life, but, according to his lead attorney David Oscar Markus, the artiste is still optimistic that he will be exonerated.
"Buju is amazing — he is still in good spirits and believes that good things are still going to happen. He is very happy that people are still supporting him and continuing to send him letters and good wishes. We are trying to stay optimistic. Buju makes that much easier. He is a rock and gives us all strength," Markus told the Sunday Observer. He said the appeal against the guilty verdict will be filed after the artiste is sentenced.
"We will be filing our appeal after he is sentenced. Our motions for the judge to set aside the jury's verdict is still pending," Markus said.

Banton had spent 11 months in jail after being arrested by federal agents at his home in Tamarac, South Florida in December 2009. He was arrested hours after drug enforcement agents in Tampa, Florida arrested two co-conspirators, James Mack and Ian Thomas, in a police-controlled warehouse, attempting to purchase a huge amount of cocaine from undercover cops.

Thomas and Mack have since pleaded guilty and are yet to be sentenced.
In his first trial in September last year, a panel of jurors, after days of deliberating, could not come to a unanimous decision as to his guilt or innocence and the case ended in a mistrial.
Banton was then granted bail and placed under house arrest after his close friend Stephen Marley, son of reggae king Bob Marley, put up his house in Florida as collateral. Banton was also allowed by a magistrate to perform at a concert in downtown Miami in order to raise funds to foot his legal bills for a second trial.
Ever since his arrest, Banton, whose birth name is Mark Anthony Myrie, has maintained his innocence and claims he was entrapped by the United States Government which paid an informant US$50,000 to snare him.
He also claimed that he bragged about fictitious drug connections in order to impress the informant who promised to secure a record deal for him.

He was found guilty just days after he was awarded the Reggae Grammy award for his album Before The Dawn.

Source: http://www.jamaicaobserver.com/news/Buju-is-a-rock_8680223

Buju Banton to be sentenced June 16

TAMPA, Florida (CMC) – A United States federal judge has set June 16 as the sentencing date for Jamaican Grammy Award-winning reggae star Buju Banton.
Court officials said that Judge James S Moody, Jr will preside over the sentencing of Banton, 37, whose real name is Mark Myrie. The reggae star faces up to 20 years in prison.

Last month, a 12-member federal jury found Banton guilty on three cocaine-related charges, including conspiracy to possess with intent to distribute five kilogrammes or more of a mixture and substance containing a detectable amount of cocaine.

They also found him guilty of attempting to possess five kilogrammes or more of cocaine, and for aiding and abetting others in using a communication facility in the commission of a felony.

The jury, however, did not find him guilty of knowingly and intentionally possessing a firearm in furtherance of and during the course of a drug-trafficking crime.

The singer has maintained his innocence throughout the trial, the second since a jury reached a deadlock late last year.

Banton’s attorney, David Markus, argued that the artiste never became a willing participant of the cocaine conspiracy arguing that tasting the cocaine, talking about cocaine and simply being present at the warehouse is not sufficient to find Banton guilty of the crimes.

Banton was arrested on December 10, 2009 in a Drug Enforcement Administration (DEA) sting operation.
Banton‚s long-time friend, Ian Thomas, and another man, James Mack, were arrested the same day when they attempted to buy cocaine from undercover detectives in a Florida warehouse.

Thomas and Mack pleaded guilty, but Buju denied the charges.

Banton, who is in detention awaiting sentencing, thanked his fans for their support, stating: "our life and our destiny are sometimes pre-destined; and, no matter where this journey takes me, remember I fought the good fight.

"It was a great man that said my head is bloody but still unbowed I love you all thank you for your support," he said.

Banton reached the zenith of his singing career on February 13 when his album, 'Before the Dawn', was awarded the Grammy for Best Reggae Album.

Prosecutors charged Banton was the middleman in a cocaine transaction between Tampa dope dealers and a confidential informant working with the DEA.

Banton was caught on covert audio and videotape boasting about the „no-risk‰ drug deal and sampling the illicit white powder, prosecutors said.
"This is not about Buju Banton, the reggae singer. This is about Mark Myrie, the drug defendant," Assistant US Attorney James Preston said during his closing argument.
But Markus countered that the singer did not profit from the drug deal, stating that Banton was snared in the DEA probe because he is "a big talker" and was trying to impress the confidential informant, who ended up with a US$50,000 commission following the bust.

Markus said he has filed a motion in the United States District Court, Tampa Division, asking for acquittal or a new trial, and that the reggae star be released on bail.
But prosecutors said that they would be seeking to squash the defence motion since the claim is "without merit".

Source: http://www.jamaicaobserver.com/news/Buju-Banton-to-be-sentenced-June-16

'Remain confident,' Buju tells dejected friends

Source: http://www.jamaicaobserver.com/news/Remain-confident-Buju-tells-dejected-friends_8442012

TAMPA, Florida — Grammy-winning Jamaican reggae artiste Buju Banton was said by close friends to be in good mental condition yesterday, four days after his conviction on gun and drug charges which could land him prison for life.
The Sunday Observer has learnt that the artiste has been consoling and encouraging friends who have been devastated by his conviction last Tuesday.

A number of persons told the Sunday Observer between then and yesterday that the artiste has been showing amazing strength in the Pinellas County jail where he is awaiting sentencing.
No specific date has been set for Banton's sentencing, but his attorney, David Oscar Markus, said it would be within the next three months.
"I called him yesterday crying and he was the one encouraging me to keep strong," said a friend of the artiste, who asked not be named.
"He's is doing fine," said another earlier last week. "He is encouraging us to remain confident."
These accounts are in line with Markus' assessment  of the artiste's mindset immediately following the conviction. "We are all devastated," Markus told a group of reporters outside the Sam M Gibbons Federal Court in downtown Tampa where the case was tried. "He seems to be the only person that is doing well."
One of the reasons given for the strength being displayed by Banton, whose real name is Mark Myrie, could be his confidence that his conviction will be overturned on appeal or his insistence that he is innocent.
The 37-year-old artiste had said during his two days in the witness box that if he were guilty of the crime for which he had been charged he would have accepted the two-year plea deal offered to him by the prosecution.
Banton has also been telling depressed friends, "It's not over," in reference to his appeal.
The artiste has been convicted of conspiracy to possess with intent to distribute five or more kilogrammes of cocaine, possession of a firearm in furtherance of a drug-trafficking offence, and using the wires to facilitate a drug-trafficking offence.
However, he was found not guilty of attempted possession with the intent to distribute cocaine.
Banton was arrested on December 10, 2009 hours after two men — Ian Thomas and James Mack — were busted in an undercover warehouse where they had gone to purchase cocaine. US$135,000 was seized and the gun for which Banton was charged was found in Mack's car. Both men have pleaded guilty and are yet to be sentenced.
The operation was set in train in July 2009 as a result of Banton's bragging to US government informant Alexander Johnson that he was a financier of drugs and sought his assistance in expanding his venture.
The prosecution has contended that Banton was instrumental in brokering the deal, which resulted in the arrest. But Banton said that he was not part of the deal, even though he introduced Thomas to Johnson.
Banton said he was merely talking when he spoke with Johnson about making drug deals and that it was Thomas who brokered the deal. The artiste said he backed away from Johnson after December 8, 2009 when Johnson showed him cocaine in a warehouse. Banton was captured on video tasting the drug.
Banton's first trial last September ended with a hung jury, paving the way for the retrial, which began on February 14.

Buju back in Pinellas County Jail

http://www.jamaicaobserver.com/news/Buju-back-in-Pinellas-County-Jail

JAMAICAN Reggae artiste Buju Banton is now languishing in the Pinellas County Jail in Tampa, Florida where he spent almost 11 months while awaiting trial in 2010.
Banton, real name Mark Myrie, was transferred to the penal facility yesterday after the guilty verdict on three drug-related offences were handed down by a panel of jurors, which included three African-American women.
When the jury returned with their verdict after 11 hours of deliberations, the three African-Americans were observed smiling.
Banton was detained immediately after the guilty verdict was handed down and had his bail revoked.
During his first stint in jail, the artiste reportedly lost weight and was being housed in an isolated section of the Pinellas County Jail as punishment for sharing his food with inmates.
He complained bitterly that he was being denied vegetarian meals and had lost weight, but prison authorities countered by saying that he had actually gained a few pounds.

BONDAGE! - Buju faces 15 to life after guilty verdict

http://www.jamaicaobserver.com/news/BONDAGE----Buju-faces-15-to-life-after-guilty-verdict_8418691


TAMPA, USA — Reggae superstar Buju Banton walked unshackled into the Sam M Gibbons Federal Court yesterday morning but by late afternoon he was led out in handcuffs after a jury, deliberating for a second day, returned guilty verdicts on three of four charges against the Jamaican Grammy-winning artiste.
The verdict, which came at around 2:22 pm, left Banton's overly optimistic supporters in shock, and had them streaming out of the courtroom in tears. The more than two dozen supporters afterward expressed anger and disbelief at the decision which came little over an hour after the lunch break.

Banton stood emotionless as the verdict was being read. Afterwards, he hugged the members of his legal team.
"We love you," Banton's manager Traci McGregor shouted in court immediately after the verdict was read. The artiste similarly responded and told his supporters "Thank you."
The artiste was found guilty of conspiracy to possess with intent to distribute five or more kilogrammes of cocaine, possession of a firearm in furtherance of a drug-trafficking offence, and using the wires to facilitate a drug-trafficking offence.
However, he was found not guilty of attempted possession with the intent to distribute cocaine.
Shortly after, Banton — whose real name is Mark Anthony Myrie — met his legal team of David Oscar Markus, Marc David Seitles and Margot Moss. Markus emerged an hour later telling reporters that the conviction would be appealed.
An emotional Markus read a statement prepared by Banton after the guilty verdict.
"Our life and our destiny are sometimes pre-destined and no matter where this journey takes me, remember I fought the good fight," said the statement. "It was a great man that said 'my head is bloody but still unbowed'. I love you all. Thank you for your support. Keep loving God."
Banton is to be sentenced in another three months and faces 15 years to life behind bars, Markus said. The lawyer is expected to apply to have Banton's US$250,000 bail restored during the period leading up to the sentence.
The artiste had been on trial since Monday, February 14. The 12 jurors, three of whom were African-Americans, started deliberating last Friday morning.
Banton's first trial ended in September last year with the jurors being unable to reach a unanimous verdict, setting up the second trial.
He was arrested on December 10, 2009, hours after two men — Ian Thomas and James Mack — were busted in an undercover warehouse where they had gone to purchase cocaine. US$135,000 was seized and the gun for which Banton was charged was found in Mack's car. Both men had pleaded guilty and are yet to be sentenced.
The operation was set in train in July 2009 as a result of Banton's bragging to US government informant Alexander Johnson that he was a financier of drugs and sought his assistance in expanding his venture.
The prosecution has contended that Banton was instrumental in brokering the deal, which resulted in the arrest. But Banton said that he was not part of the deal, even though he introduced Thomas to Johnson.
Banton said he was merely talking when he spoke with Johnson about making drug deals and that it was Thomas who brokered the deal. The artiste said he backed away from Johnson after December 8, 2009 when Johnson showed him cocaine in a warehouse. Banton was captured on video tasting the drug.
Minutes after eight o'clock yesterday morning, a relaxed Banton made the short stroll from his hotel to the court surrounded by his attorneys, security detail and supporters. Moments before the jurors resumed deliberations yesterday morning, supporters sent up fervent and lengthy prayers for the artiste's freedom in the hallway of the court.
Despite the verdict, supporters still hold out faith that God will free Banton on appeal.
"Last thing me and DJ spoke about was going home," add a tearful Wayne Wonder, with whom Banton made numerous hit songs in the 1990s. "He was the one who told us to stay strong. It's not over yet."

Buju Banton says thanks to his fans

http://go-jamaica.com/news/read_article.php?id=26681

Jamaican reggae superstar-turned-convict Buju Banton has expressed appreciation to his fans for their support. 

"Our life and our destiny are sometimes predestined and no matter where this journey takes me remember I fought the good fight. It was a great man that said my head is bloody but sill endowed. I love you all, thank you for your support," Buju said in a statement read today by his attorney David Oscar Markus. 

A jury at 2:30 today returned a guilty verdict on three of the four cocaine-related charges for which Buju was tried last week. 

In a brief statement Markus said, "we are all very sad, disappointed and emotional.". 

"The only person who seems to be ok is Buju. We just saw him in the lock-up and he has told us that he was happy that he fought knowing that he is innocent." 

Buju lawyer to appeal case

http://www.jamaicaobserver.com/news/Buju-lawyer-to-appeal-case


ATTORNEY representing Reggae star Buju Banton, David Oscar Markus, has signalled his intention to appeal the guilty verdict that was handed down in the United States Sam Gibbons Federal Court today.
Banton was declared guilty of conspiracy to possess with intent to distribute five or more kilogrammes of cocaine, possession of a firearm in furtherance of a drug-trafficking offence and using the wires to facilitate a drug-trafficking offence by a 12-member panel of jurors.
However he was found not guilty of attempted possession with the intent to distribute cocaine.
The artiste hugged Markus when the verdict was read while many of his supporters left the courtroom crying. He has been detained and has had his bail revoked.
Banton was arrested at his Tamarac home in South Florida in December 2009, a day after his co-defendants Ian Thomas and James Mack were arrested in a government controlled warehouse in Tampa, Florida attempting to buy cocaine from Drug Enforcement Agents.
He was jailed for almost 11 months in the Pinellas County Jail and his first trial in September last year ended in a hung jury forcing US Judge Tom Moody to order a retrial.
The artiste has consistently pleaded his innocence and claims he was entrapped by the US government.

Buju trial to resume on Tuesday - No verdict yet

http://www.jamaicaobserver.com/latestnews/Buju-trial-to-resume-on-Tuesday


FLORIDA, USA – Jurors in the Buju Banton trial will resume deliberations on Tuesday after failing to reach a verdict today. Monday is a public holiday in the United States.
At 9:37 this morning Judge Jim Moody handed over the case to the jurors after spending more than an-half-hour addressing them on the law in relation to the charges against Banton.
The artiste appeared a bit more relaxed than he did this morning while heading to court.
Banton, whose real name is Mark Myrie, has been on trial in the Sam M Gibbons Federal Court since Monday on charges of conspiracy to possess with the intent to distribute cocaine; attempted possession with the intent to distribute cocaine; possession of a firearm in furtherance of a drug trafficking offence; and using the wires to facilitate a drug trafficking offence.

The jurors were instructed to consider each charge separately.
In instructing the jurors, Moody said in order to reach a guilty verdict they all had to find beyond a reasonable doubt that the defendant was a willing participant in a conspiracy, among other things. Regarding the firearm charge Moody said that the defendant had to knowingly possessed the firearm during the furtherance of a drug trafficking crime to be convicted.

The gun for which Banton has been charged was found in the car of a James Mack on December 10, 2009 during a drug sting operation. Banton was not on the scene when Mack was arrested and the gun found. The prosecution is contending that Banton, Mack and Ian Thomas conspired to possess and distribute the cocaine. Banton was arrested hours later at his Florida home.