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U.S. v. Ware

United States District Court, M.D. Florida, Tampa Division
Apr 15, 2008
Case No. 8:07-cr-105-T-30EAJ (M.D. Fla. Apr. 15, 2008)

Opinion

Case No. 8:07-cr-105-T-30EAJ.

April 15, 2008


ORDER


THIS CAUSE comes before the Court upon Defendant's Motion to Reconsider Release and to State its Reasoning with Particularity (Dkt. #123). Defendant contends that the Court failed to specifically address any of the seven grounds she raised in her earlier Motion (Dkt. #118). To the contrary, this Court specifically stated that Defendant's arguments, though eloquent, did not raise a substantial question of law or fact likely to result in reversal. The instructions given to the jury were basically standard instructions from the Eleventh Circuit and Defendant's other arguments were likewise without merit. Her argument that she did not knowingly and intelligently waive her right to counsel is absurd given the number of times she was requested, even entreated, by more than one judge to get a lawyer. And, her attempt to raise an Apprendi/Booker argument about fact finding at sentencing is to no avail since all facts used at sentencing were admitted by her. See United States v. Shelton, 400 F.3d 1325 (11th Cir. 2005).

It is therefore ORDERED AND ADJUDGED that:

1. Defendant's Motion to Reconsider Release and to State its Reasoning with Particularity (Dkt. #123) is DENIED.

DONE and ORDERED in Tampa, Florida.


Summaries of

U.S. v. Ware

United States District Court, M.D. Florida, Tampa Division
Apr 15, 2008
Case No. 8:07-cr-105-T-30EAJ (M.D. Fla. Apr. 15, 2008)
Case details for

U.S. v. Ware

Case Details

Full title:UNITED STATES OF AMERICA v. NANCY MONTGOMERY WARE

Court:United States District Court, M.D. Florida, Tampa Division

Date published: Apr 15, 2008

Citations

Case No. 8:07-cr-105-T-30EAJ (M.D. Fla. Apr. 15, 2008)