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Date: 06-24-2024
Case Style:
Case Number: 4:23-cr-00156
Judge: John D. Russell
Court: United States District Court for the Northern District of Oklahoma (Tulsa County)
Plaintiff's Attorney: United States District Attorney's Office in Tulsa - ADA Thomas E. Buscemi
Defendant's Attorney: Federal Public Defender's Office in Tulsa
Description:
Tulsa, Oklahoma, criminal defense lawyer represented the Defendant charged with second-degree burglary in Indian County.
In Feb. 2021, the Tulsa Police Department (TPD) took a report of a burglary from a gaming and trading card store. The victim provided TPD with footage of the break-in. The footage showed Garrison breaking into the store, breaking several display cases, and taking thousands of trading cards. Garrison cut himself during the break-in, and his DNA linked him to several similar robberies in Illinois, Missouri, Kansas, and Texas.
Garrison is a citizen of the Cherokee Nation and will remain in custody pending transfer to the U.S. Bureau of Prisons.
The FBI, Tulsa Police Department, Illinois State Police Department of Forensic Sciences Laboratory, Dallas Police Department – Texas, Crestwood Police Department – Missouri, Troy Police Department – Illinois, Great Bend Police Department – Kansas, McPherson Police Department – Kansas, and Bedford Police Department – Texas, investigated the case. Assistant U.S. Attorney Thomas E. Buscemi prosecuted the case.
Violation of:
18 USC 1151 and 1153; 21 OS 1435 and 1436: Second Degree Burglary in Indian Country
(1-2)
A. Every person who breaks and enters the dwelling house of another, in which there is at the time no human being present, or any commercial building or any part of any building, room, booth, tent, railroad car or other structure or erection in which any property is kept or breaks into or forcibly opens, any coin-operated or vending machine or device with intent to steal any property therein or to commit any felony, is guilty of burglary in the second degree.
B. Every person who breaks and enters, climbs under, or uses any jack stands or any other item to raise any automobile, truck, trailer or vessel of another, in which any property is kept, with intent to:
1. Steal any property therein;
2. Steal any property attached thereto; or
3. Commit any felony, is guilty of burglary in the third degree.
C. As used in subsection B of this section, the term "property attached thereto" includes, but is not limited to, tires, wheels, and catalytic converters.
18 USC 2314: Transportation of Stolen Property in Interstate Commerce
(3)
Whoever transports, transmits, or transfers in interstate or foreign commerce any goods, wares, merchandise, securities or money, of the value of $5,000 or more, knowing the same to have been stolen, converted or taken by fraud; or
Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transports or causes to be transported, or induces any person or persons to travel in, or to be transported in interstate or foreign commerce in the execution or concealment of a scheme or artifice to defraud that person or those persons of money or property having a value of $5,000 or more; or
Whoever, with unlawful or fraudulent intent, transports in interstate or foreign commerce any falsely made, forged, altered, or counterfeited securities or tax stamps, knowing the same to have been falsely made, forged, altered, or counterfeited; or
Whoever, with unlawful or fraudulent intent, transports in interstate or foreign commerce any traveler’s check bearing a forged countersignature; or
Whoever, with unlawful or fraudulent intent, transports in interstate or foreign commerce, any tool, implement, or thing used or fitted to be used in falsely making, forging, altering, or counterfeiting any security or tax stamps, or any part thereof; or
Whoever transports, transmits, or transfers in interstate or foreign commerce any veterans’ memorial object, knowing the same to have been stolen, converted or taken by fraud—
Shall be fined under this title or imprisoned not more than ten years, or both. If the offense involves a pre-retail medical product (as defined in section 670) the punishment for the offense shall be the same as the punishment for an offense under section 670 unless the punishment under this section is greater. If the offense involves the transportation, transmission, or transfer in interstate or foreign commerce of veterans’ memorial objects with a value, in the aggregate, of less than $1,000, the defendant shall be fined under this title or imprisoned not more than one year, or both.
This section shall not apply to any falsely made, forged, altered, counterfeited or spurious representation of an obligation or other security of the United States, or of an obligation, bond, certificate, security, treasury note, bill, promise to pay or bank note issued by any foreign government. This section also shall not apply to any falsely made, forged, altered, counterfeited, or spurious representation of any bank note or bill issued by a bank or corporation of any foreign country which is intended by the laws or usage of such country to circulate as money.
For purposes of this section the term “veterans’ memorial object” means a grave marker, headstone, monument, or other object, intended to permanently honor a veteran or mark a veteran’s grave, or any monument that signifies an event of national military historical significance.
18 USC 2315: Possession of Stolen Goods
(4)
Whoever receives, possesses, conceals, stores, barters, sells, or disposes of any goods, wares, or merchandise, securities, or money of the value of $5,000 or more, or pledges or accepts as security for a loan any goods, wares, or merchandise, or securities, of the value of $500 or more, which have crossed a State or United States boundary after being stolen, unlawfully converted, or taken, knowing the same to have been stolen, unlawfully converted, or taken; or
Whoever receives, possesses, conceals, stores, barters, sells, or disposes of any falsely made, forged, altered, or counterfeited securities or tax stamps, or pledges or accepts as security for a loan any falsely made, forged, altered, or counterfeited securities or tax stamps, moving as, or which are a part of, or which constitute interstate or foreign commerce, knowing the same to have been so falsely made, forged, altered, or counterfeited; or
Whoever receives in interstate or foreign commerce, or conceals, stores, barters, sells, or disposes of, any tool, implement, or thing used or intended to be used in falsely making, forging, altering, or counterfeiting any security or tax stamp, or any part thereof, moving as, or which is a part of, or which constitutes interstate or foreign commerce, knowing that the same is fitted to be used, or has been used, in falsely making, forging, altering, or counterfeiting any security or tax stamp, or any part thereof; or
‘Whoever [1] receives, possesses, conceals, stores, barters, sells, or disposes of any veterans’ memorial object which has crossed a State or United States boundary after being stolen, unlawfully converted, or taken, knowing the same to have been stolen, unlawfully converted, or taken—’ [1]
Shall be fined under this title or imprisoned not more than ten years, or both. If the offense involves a pre-retail medical product (as defined in section 670) the punishment for the offense shall be the same as the punishment for an offense under section 670 unless the punishment under this section is greater. If the offense involves the receipt, possession, concealment, storage, barter, sale, or disposal of veterans’ memorial objects with a value, in the aggregate, of less than $1,000, the defendant shall be fined under this title or imprisoned not more than one year, or both.
This section shall not apply to any falsely made, forged, altered, counterfeited, or spurious representation of an obligation or other security of the United States or of an obligation, bond, certificate, security, treasury note, bill, promise to pay, or bank note, issued by any foreign government. This section also shall not apply to any falsely made, forged, altered, counterfeited, or spurious representation of any bank note or bill issued by a bank or corporation of any foreign country which is intended by the laws or usage of such country to circulate as money.
For purposes of this section, the term “State” includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States. For purposes of this section the term “veterans’ memorial object” means a grave marker, headstone, monument, or other object, intended to permanently honor a veteran or mark a veteran’s grave, or any monument that signifies an event of national military historical significance.
The government moved to reduce the defendant's total offense level by one
additional level for early acceptance of responsibility under United States Sentencing
Guidelines § 3E1.1(b). In support of its motion, the Government states that the
defendant has assisted authorities in the investigation and prosecution of his own
misconduct by timely notifying authorities of his intention to enter a plea of guilty,
thereby permitting the Government to avoid preparing for trial and permitting the
Government and the Court to allocate their resources efficiently.
Accordingly, the Government asks this Court to decrease defendant’s offense
level by one additional level, as provided for in United States Sentencing Guideline §
3E1.1(b).
Outcome: Defendant was found guilty and was sentenced to 27 months in prison, followed by three years of supervised release, was ordered to pay $2198,771 in restitution, and was assessed $200.00.
Plaintiff's Experts:
Defendant's Experts:
Comments: