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 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