Quantcast

Forums | MacLife

You are not logged in.

#1 2007-08-23 5:02 pm

radarman
Member
Registered: 2005-02-28
Posts: 3631

How to serve 10 years on drug charges, without actually having drugs

http://atlanta.creativeloafing.com/gyro … id%3A10762

A year has passed since Steve Tucker made his unheralded return to Atlanta.

His one-bedroom flat, tucked into a sprawling Sandy Springs apartment complex, is furnished sparsely: a recliner, TV, computer and a small, picnic-style table that serves as both dining hutch and desk. The stark white static of the walls is interrupted only by three small, web-like dream catchers tacked to the Sheetrock.

It's the sort of Spartan minimalism one might expect of someone who, until recently, had to content himself with staring at bare cinderblock.

"Watch out, you're talking to a notorious ex-con." Wrapped in a sharp Middle Georgia twang, Tucker's voice betrays a suppressed smile. The slight, balding, 50-year-old Atlantan is hardly an intimidating figure.

But he's only half-kidding. Nearly a decade ago, he was sent to prison as a result of a once-infamous federal drug case that sparked national outrage for its rough interpretation of justice.

In the spring of 1994, the Tucker family received lengthy prison sentences -- 10 years for Steve, 16 years for his older brother Gary, and 10 years for his brother's wife, Joanne -- without possibility of parole, for the curiously worded federal crime of "conspiracy to manufacture marijuana."

Yet federal prosecutors never charged them with buying, selling, growing, transporting, smoking or even possessing marijuana. An 18-month DEA investigation had failed to turn up direct evidence connecting the Tuckers to even a single joint.

Instead, they were locked away for selling the lamps, fertilizer and gardening hardware from the small hydroponic supply shop Gary operated on Buford Highway that enabled their customers to grow pot.

I had to stop reading - I was getting too pissed off. This smurf is unbelievable. Of course, the story is written from the perspective of the imprisoned, but if even a fraction of it is true, it's an abomination.

Offline

 

#2 2007-08-23 5:38 pm

Mustapha Mond
Up your alley
Registered: 2001-03-24
Posts: 7033
Website

Re: How to serve 10 years on drug charges, without actually having drugs

Pot is the evilest thing our country has ever known and we need to take all measures possible to get rid of it.

Online

 

#3 2007-08-23 5:41 pm

Zetetic Apparatchik
Member
Registered: 2001-01-07
Posts: 8250

Re: How to serve 10 years on drug charges, without actually having drugs

And then they sent him back to Atlanta.


Join the MAF AudioScrobbler group.
Protest ist, wenn ich sage, das und das paßt mir nicht. Widerstand ist, wenn ich dafür sorge, daß das, was mir nicht paßt, nicht länger geschieht.

Offline

 

#4 2007-08-23 6:39 pm

JakeTheTall
Cargo Cultist
From: In Permanent Opposition
Registered: 2003-03-13
Posts: 9617

Re: How to serve 10 years on drug charges, without actually having drugs

Don't do the crime if you can't do the time.


Jesus said to the servants, "Fill the jars with water"; so they filled them to the brim.  Then he told them, "Now draw some out and take it to the master of the banquet."  They did so, and the master of the banquet tasted the water that had been turned into wine. He did not realize where it had come from, though the servants who had drawn the water knew.

Offline

 

#5 2007-08-23 7:05 pm

Tallgeese
Sternly Advising
From: Pool Party
Registered: 2000-10-17
Posts: 34104

Re: How to serve 10 years on drug charges, without actually having drugs

JakeTheTall wrote:

Don't do the crime if you can't do the time.

http://homepage.mac.com/oatmeal/MAF/maxes/bounce.gif


I still believe in liberalism today as much as I ever did, but, oh, there was a happy time when I believed in liberals.

Online

 

#6 2007-08-23 8:57 pm

FutureDreamz
1.1.2.3.5.8.13.21.34.55
From: カナダ
Registered: 2007-01-07
Posts: 4511

Re: How to serve 10 years on drug charges, without actually having drugs

So if 'm correct, they got thrown in the clink because they sold products that could be used to create pot.
Next thing you know, they would've been going at weight loss, hardware, and chemical stores because of the "conspiracy to manufacture methylamphetamine." (a tad harder to make, to), etc.
better examples would be things that can be used as weapons, such as thermite.


Thanks for clicking.

Offline

 

#7 2007-08-23 9:12 pm

resedit
Chicken Little
Royal Wombat
From: /dev/null
Registered: 1999-11-01
Posts: 50411
Website

Re: How to serve 10 years on drug charges, without actually having drugs

I don't know the particulars of that case, but I believe legal activity done with the intent of promoting or aiding illegal activity can be prosecuted. They would have to be able to show the intent.

Wether the prosecution did in this case or not, I don't know.


In her right hand Jenny held the Bible of her mother
Jenny had a pistol in the other
-- Steve Taylor

Offline

 

#8 2007-08-23 9:14 pm

resedit
Chicken Little
Royal Wombat
From: /dev/null
Registered: 1999-11-01
Posts: 50411
Website

Re: How to serve 10 years on drug charges, without actually having drugs

For example - if the cigarette shop knows I'm going to be giving that bottle of whiskey to the 14 year kid sitting outside the door - they can not sell it to me. Even though I can legally buy a bottle of whiskey, they store can not (legally) sell it to me if they know I will be giving it to a minor.

I suspect it is aso illegal to sell fertilizer to someone you know is going to use it to create a bomb.


In her right hand Jenny held the Bible of her mother
Jenny had a pistol in the other
-- Steve Taylor

Offline

 

#9 2007-08-23 9:22 pm

Fried Chicken
Member
From: Good question - keeps changing
Registered: 2003-11-17
Posts: 4557

Re: How to serve 10 years on drug charges, without actually having drugs

resedit wrote:

I don't know the particulars of that case, but I believe legal activity done with the intent of promoting or aiding illegal activity can be prosecuted. They would have to be able to show the intent.

With this logic the government can get away with anything...
"You sir, your cars can go faster than 80 MPH, clearly you are conspiring to break the speed limit.  You are under arrest."


http://i58.photobucket.com/albums/g279/FriedChicken_Sam/USA.gif?t=1187025394 http://i58.photobucket.com/albums/g279/FriedChicken_Sam/USAGermany.gif?t=1187033097http://i58.photobucket.com/albums/g279/FriedChicken_Sam/Germany.gif?t=1187025375

Just because something is legal, doesn't mean it's right.  Just because something is illegal, doesn't mean it's wrong.

Offline

 

#10 2007-08-23 9:25 pm

Zetetic Apparatchik
Member
Registered: 2001-01-07
Posts: 8250

Re: How to serve 10 years on drug charges, without actually having drugs

Opium poppies?


Join the MAF AudioScrobbler group.
Protest ist, wenn ich sage, das und das paßt mir nicht. Widerstand ist, wenn ich dafür sorge, daß das, was mir nicht paßt, nicht länger geschieht.

Offline

 

#11 2007-08-23 9:32 pm

resedit
Chicken Little
Royal Wombat
From: /dev/null
Registered: 1999-11-01
Posts: 50411
Website

Re: How to serve 10 years on drug charges, without actually having drugs

Fried Chicken wrote:

resedit wrote:

I don't know the particulars of that case, but I believe legal activity done with the intent of promoting or aiding illegal activity can be prosecuted. They would have to be able to show the intent.

With this logic the government can get away with anything...
"You sir, your cars can go faster than 80 MPH, clearly you are conspiring to break the speed limit.  You are under arrest."

Um no - I specifically stated, and you even quoted it, that they would have to be able to show the intent.

This means that it goes to court with the prosecution providing evidence and a judge or jury deciding beyond a reasonable doubt that it was being done with the purpose of aiding an illegal activity.

Begreifen Sie?


In her right hand Jenny held the Bible of her mother
Jenny had a pistol in the other
-- Steve Taylor

Offline

 

#12 2007-08-23 9:34 pm

Farmerkev
Official Dementor
Moderator
Registered: 2003-01-03
Posts: 18624

Re: How to serve 10 years on drug charges, without actually having drugs

resedit wrote:

I suspect it is aso illegal to sell fertilizer to someone you know is going to use it to create a bomb.

Yeah.
Can't sell NH3 to the meth heads either damnit.


Do your part to combat global warming.
Eat a cow.

Offline

 

#13 2007-08-24 9:59 am

Pithecanthropus
Roast Master
From: St. Cloud, MN
Registered: 2002-12-30
Posts: 4457
Website

Re: How to serve 10 years on drug charges, without actually having drugs

I seriously doubt that anyone who walked into their shop said, "Can I see your hydroponics set-ups?  I want to start growing pot."

If they did, they should have been asked to leave.

The local record store (yes, they still exist) refuses to help you and asks you to leave the store if you say anything about smoking anything other than tobacco while you're looking at the, er -- water pipes.

I think these people got screwed.

Last edited by Pithecanthropus (2007-08-24 9:59 am)


Grandfatherly advice:  You can drink 'em pretty, but you can't drink 'em smart.

Offline

 

#14 2007-08-24 10:03 am

Ribtorus
Member
Registered: 2002-07-11
Posts: 13752

Re: How to serve 10 years on drug charges, without actually having drugs

At first glance, the failure here seems to be in the appeals process rather than the law itself, though I'm sure it could stand some revision.


when surrounded and left on Afghanistan's plains,
and the women come out to cut up what remains,
just roll to your rifle and blow out your brains,
and go to your god like a soldier...

Online

 

#15 2007-08-24 10:10 am

TonyPrevite
Slobbering Jester
Royal Wombat
From: Glendale, AZ
Registered: 2002-04-14
Posts: 3606
Website

Re: How to serve 10 years on drug charges, without actually having drugs

I find this funny:

conspiracy to manufacture marijuana

Since when can you manufacture something that is grown?

Offline

 

#16 2007-08-24 10:25 am

user
Your plastic pal who's fun to be with
From: I'm not getting you down, am I
Registered: 2001-10-15
Posts: 16035

Re: How to serve 10 years on drug charges, without actually having drugs

kev manufactures corn every year.


Aw, he's no fun, he fell right over.

Unless you become as little children, there's no way you will believe this crap.

Offline

 

#17 2007-08-24 10:26 am

Ribtorus
Member
Registered: 2002-07-11
Posts: 13752

Re: How to serve 10 years on drug charges, without actually having drugs

user wrote:

kev manufactures corn every year.

I thought Disney did that.


when surrounded and left on Afghanistan's plains,
and the women come out to cut up what remains,
just roll to your rifle and blow out your brains,
and go to your god like a soldier...

Online

 

#18 2007-08-24 10:56 am

Phydeaux
Watching, Listening and Waiting
From: Hopin You'll Turn Out Th'Light
Registered: 2001-05-11
Posts: 29999
Website

Re: How to serve 10 years on drug charges, without actually having drugs

resedit wrote:

Fried Chicken wrote:

resedit wrote:

I don't know the particulars of that case, but I believe legal activity done with the intent of promoting or aiding illegal activity can be prosecuted. They would have to be able to show the intent.

With this logic the government can get away with anything...
"You sir, your cars can go faster than 80 MPH, clearly you are conspiring to break the speed limit.  You are under arrest."

Um no - I specifically stated, and you even quoted it, that they would have to be able to show the intent.

They find receipts for premium gas and point out that you have spoiler. Also, if you have decals on your car, that proves that you're trying to add 1-5 evil horsepower per sticker. Bam, intent.


Spirit was crushed; now is fading, But I want to help make things right.
Because I can see and I can feel, and you can see and you can feel
So why don't we both either stand up and fight
Or at least together we'll call it a night.

Offline

 

#19 2007-08-24 11:02 am

Ribtorus
Member
Registered: 2002-07-11
Posts: 13752

Re: How to serve 10 years on drug charges, without actually having drugs

Phydeaux wrote:

resedit wrote:

Fried Chicken wrote:


With this logic the government can get away with anything...
"You sir, your cars can go faster than 80 MPH, clearly you are conspiring to break the speed limit.  You are under arrest."

Um no - I specifically stated, and you even quoted it, that they would have to be able to show the intent.

They find receipts for premium gas and point out that you have spoiler. Also, if you have decals on your car, that proves that you're trying to add 1-5 evil horsepower per sticker. Bam, intent.

Those "go faster" bars on the backs of cars are a dead giveaway.

It used to be the "go faster" pins holding the hood down, replaced by the "go faster" mud flaps and ground effects bib, followed by the go faster under belly lights (blue was the fastest colour). I think those go faster grill bras added some HP as well, but I guess not enough because you don't see them much anymore.


when surrounded and left on Afghanistan's plains,
and the women come out to cut up what remains,
just roll to your rifle and blow out your brains,
and go to your god like a soldier...

Online

 

#20 2007-08-24 11:36 am

resedit
Chicken Little
Royal Wombat
From: /dev/null
Registered: 1999-11-01
Posts: 50411
Website

Re: How to serve 10 years on drug charges, without actually having drugs

It is legal to drive a street car beyond the speed limit in designated non pubic roadways. Having those things does not indicate you intend to break the law, just like buying fertilizer and renting a u-haul doesn't mean you are going to blow up a building.

However - if this guy knew what his customers were doing and still sold to them, then (even though I think pot should be legal) he knew he was assisting them in illegal activity.

What evidence did the prosecution provide?

When a family member was growing pot in their attic - and they would go to the hydroponics store - what they were growing was treated as an elephant in the room.

They never mentioned marijuana and the store never mentioned marijuana but both knew what they were talking about. But since marijuana was never mentioned, it would be difficult to make a case against the place for assisting in the growing of marijuana because it was never mentioned.

My suspicion (and I don't know) is that this guy wasn't that careful, and got caught referring directly to the elephant in the room.


In her right hand Jenny held the Bible of her mother
Jenny had a pistol in the other
-- Steve Taylor

Offline

 

#21 2007-08-24 11:46 am

wellfleation
High on Life
From: Metheun, Mass.
Registered: 2001-11-13
Posts: 8684

Re: How to serve 10 years on drug charges, without actually having drugs

Btw, when you buy your grow lights and stuff, best to do it with cash and in store so that our ass-backwards government can't track you.

This reminds me of Chong going to jail for selling bongs.roll

Our government needs a big slap to the head wake up call. Why oh why is this stuff happening? ? ?


FIGHThttp://img.photobucket.com/albums/v317/wellfleation/stern-h1_01.jpgPOWER

Offline

 

#22 2007-08-24 11:53 am

resedit
Chicken Little
Royal Wombat
From: /dev/null
Registered: 1999-11-01
Posts: 50411
Website

Re: How to serve 10 years on drug charges, without actually having drugs

Or keep reptiles - the lights that you use for pot can also be used for reptiles - and the increased power consumption can also be explained by reptile husbandry.

Oh - no, that's not why I keep snakes - the snakes I keep benefit best from belly heat. It's lizards like bearded dragons and monitors and iguanas that need the heat lamps. Only lizards I keep are more like snakes in their husbandry (except they do need UVB light to digest their food - most snakes aren't terribly fond of UVB, or any light for that matter)


In her right hand Jenny held the Bible of her mother
Jenny had a pistol in the other
-- Steve Taylor

Offline

 

#23 2007-08-24 2:50 pm

D'Eyncourt
OMGDICTATOR
Registered: 2001-12-27
Posts: 8808
Website

Re: How to serve 10 years on drug charges, without actually having drugs

resedit wrote:

It is legal to drive a street car beyond the speed limit in designated non pubic roadways. Having those things does not indicate you intend to break the law, just like buying fertilizer and renting a u-haul doesn't mean you are going to blow up a building.

However - if this guy knew what his customers were doing and still sold to them, then (even though I think pot should be legal) he knew he was assisting them in illegal activity.

Except there is nothing inherently wrong with selling hydroponics equipment. There are people like orchid growers who use them. Would you really want to place store owners in the position of deciding to whom they can sell their wares based on what the buyers might do with such?

What evidence did the prosecution provide?
[snip]

They got people who were caught and prosecuted for growing marijuana to give statements which implicated the store owners' involvement in exchange for lighter sentences. The prosecutors offered the store owners lighter sentences if they would implicate some of their customers as growers but they refused to do that.

EDIT: added middle paragraph.

Last edited by D'Eyncourt (2007-08-24 3:16 pm)


BOYCOTT SONY

"I think the question now is not whether you went to Vietnam or whether you didn't, whether you fought in the war or fought against the war. I think the only question is whether we can find a president smart enough never to make a mistake like that again"--Molly Ivins, way back in 1992

Offline

 

#24 2007-08-24 3:00 pm

user
Your plastic pal who's fun to be with
From: I'm not getting you down, am I
Registered: 2001-10-15
Posts: 16035

Re: How to serve 10 years on drug charges, without actually having drugs

So why do we have a Federal Police Agency responsible for pursuing only one area of crime anyway? If we were going to do that, wouldn't an agency responsible for pursuing only murder cases be more important?


Aw, he's no fun, he fell right over.

Unless you become as little children, there's no way you will believe this crap.

Offline

 

#25 2007-08-24 3:03 pm

radarman
Member
Registered: 2005-02-28
Posts: 3631

Re: How to serve 10 years on drug charges, without actually having drugs

user wrote:

So why do we have a Federal Police Agency responsible for pursuing only one area of crime anyway? If we were going to do that, wouldn't an agency responsible for pursuing only murder cases be more important?

There's no money in murder. With drug laws, they can sieze all your assets, and sell them at auction (or just use them themselves, a lot of police departments convert seized vehicles into police cars)

When the cops can make money investigating murders, you can bet there will be a special squad just for that.

Offline

 

Board footer

Powered by PunBB 1.2.6
© Copyright 2002–2005 Rickard Andersson