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Description: Tucson, Arizona criminal defense lawyer represented defendant charged with smuggling and threatening a federal officer.

John Milton Lee, agte 62, of Las Vegas, traveled from Arizona to Mexico on November 1, 2019, but Mexican authorities returned him to the port almost immediately. When Lee returned to the Lukeville Port of Entry, he refused to provide identification. At secondary inspection, Lee would not exit his vehicle and refused inspection. Instead, Lee told U.S. Customs and Border Protection (CBP) officers that they could not touch him or anything in his vehicle. Lee then reached into his jacket and threatened the officers that he “didn’t want it to go there.” Although Lee never pulled out a gun, officers could see the handle of the firearm in his jacket. Over the next hour, Lee engaged in an armed standoff with five CBP officers. The officers eventually convinced Lee to exit his vehicle, but he still refused to surrender. After continued unsuccessful negotiation, one of the officers tased Lee. Officers confirmed then that Lee had been holding a loaded handgun with a round in the chamber, the safety off, and the hammer cocked. When officers searched Lee, they also found three loaded 30-round rifle magazines.

In a subsequent search of Lee's vehicle, officers discovered that an AR-type rifle had also been within his reach during the standoff. Officers seized three additional long arms, including an HK 91 and a Tavor (Israeli assault rifle), three additional handguns, nearly 2,000 rounds of ammunition, and 17 loaded magazines. All the firearms were loaded with a round in the chamber. In a post-Miranda statement, Lee admitted that he had planned to take the firearms and ammunition to Guatemala.

Homeland Security Investigations, Sells, conducted the investigation in this case, with the assistance of CBP. Assistant U.S. Attorneys Angela Martinez and Serra M. Tsethlikai, District of Arizona, Tucson, handled the prosecution.

18:554; 22:2778; and 22:CFR 121.1, 123.1, and 127.1 Smuggling Goods from the United States; 18:924(d) and 28:2461(c) Forfeiture Allegation
(1)
18:115(a)(1)(B) and (b)(1)(B)(iv) Impeding and Threatening a Federal Officer
(2)

Outcome: 05/16/2022 167 MINUTE ENTRY for proceedings held before Judge James A Soto: Jury Trial (Day 4) completed as to John Milton Lee on 5/16/2022. Defendant's Rule 29 Motion for Judgment of Acquittal is denied. John Milton Lee (1) is found guilty as to Count 1 and 2 of the Indictment. Defendant remanded. Sentencing set for 8/3/2022 at 11:20 AM before Judge James A Soto. Probation is directed to prepare a presentence report. (Court Reporter Cindy Shearman.) See attached PDF for complete details. Hearing held 8:52am to 6:02pm.(TAD) (Entered: 05/18/2022)
05/16/2022 168 Jury Questions During Testimony (public document) as to John Milton Lee. (TAD) (Entered: 05/18/2022)
05/16/2022 169 WITNESS LIST as to John Milton Lee. (TAD) (Entered: 05/18/2022)
05/16/2022 170 EXHIBIT LIST by USA as to John Milton Lee. (TAD) (Entered: 05/18/2022)
05/16/2022 171 EXHIBIT LIST by John Milton Lee. (TAD) (Entered: 05/18/2022)
05/16/2022 172 Final Jury Instructions as to John Milton Lee. (TAD) (Entered: 05/18/2022)
05/16/2022 173 Jury Questions During Deliberations (public document) as to John Milton Lee. (TAD) (Entered: 05/18/2022)
05/16/2022 174 Answer to Jury Questions During Deliberations (public document) as to John Milton Lee. (TAD) (Entered: 05/18/2022)
05/16/2022 175 JURY VERDICT Count 1 as to John Milton Lee. (TAD) (Entered: 05/18/2022)
05/16/2022 176 JURY VERDICT Count 2 as to John Milton Lee. (TAD) Modified on 5/18/2022 (TAD). (Entered: 05/18/2022)
05/16/2022 177 Receipt re: Return of Exhibits to AUSA as to John Milton Lee. (TAD) (Entered: 05/18/2022)
05/16/2022 178 Receipt re: Return of Exhibits to John Milton Lee. (TAD) (Entered: 05/18/2022)

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Defendant's Experts:

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