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Description: Albuquerque, New Mexico criminal law lawyer represented Defendant charged with involuntary manslaughter in Indian Country.
On April 22, 2020, Anthony Faustine, age 42, from Acoma, New Mexico, attempted to evade law enforcement while driving with a blood alcohol level at twice the legal limit. When Faustine lost control of the vehicle, a passenger, identified in court records as John Doe, was ejected and died from injuries sustained in the crash. The incident occurred on the Pueblo of Laguna.
Upon his release from prison, Faustine will be subject to three years of supervised release.
The Bureau of Indian Affairs investigated this case with assistance from the New Mexico State Police and Laguna Police Department. Assistant United States Attorney Nicholas J. Marshall prosecuted the case.
Violation of 18 USC 1153, which provides:
SENTENCE IMPOSED: BOP 70 months; 3 years supervised release with special conditions; Restitution Open for 90 days; SPA $100; defendant held in custody.
and 1112, which provides:
(a) Manslaughter is the unlawful killing of a human being without malice. It is of two kinds:
Voluntary—Upon a sudden quarrel or heat of passion.
Involuntary—In the commission of an unlawful act not amounting to a felony, or in the commission in an unlawful manner, or without due caution and circumspection, of a lawful act which might produce death.
(b) Within the special maritime and territorial jurisdiction of the United States,
Whoever is guilty of voluntary manslaughter, shall be fined under this title or imprisoned not more than 15 years, or both;
Whoever is guilty of involuntary manslaughter, shall be fined under this title or imprisoned not more than 8 years, or both.
Outcome: SENTENCE IMPOSED: BOP 70 months; 3 years supervised release with special conditions; Restitution Open for 90 days; SPA $100; defendant held in custody.
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Defendant's Experts:
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