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Buju Banton Loses Retrial Bid, Could Get Another 5 Years On

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  • Buju Banton Loses Retrial Bid, Could Get Another 5 Years On

    A Florida court has denied Buju Banton’s request for a new trial following his conviction on drug charges.

    Buju had filed for a new trial after losing his appeal against the 10-year prison sentence he is now serving on the drug charges.

    In June, the United States Court of Appeal rejected all the claims in the Grammy-winning entertainer’s appeal and sided with prosecutors.

    But the Appeals Court had said the trial judge could consider retrying the matter.

    The Appeals Court also agreed with the jury’s decision to find the entertainer guilty on the firearm charge.

    That charge had been dismissed the trial judge James Moody after the jury delivered its verdict.

    COMING UP IN THE NEWS AT 5PM ON POWER 106FM:

    BUJU'S LAYWER: We will appeal. I won't stop fighting for my friend and brother.
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    GRAMMY-WINNING reggae artiste Buju Banton is said by his attorney to be “crushed” and “heartbroken” over yesterday’s decision by the 11th Circuit Court of Appeals in Atlanta to uphold his conviction and 10-year sentence on cocaine conspiracy and trafficking charges.
    “I called him [Buju] and told him about the decision. He, like me, was heartbroken. He couldn’t believe it,” Buju’s lead attorney David Markus told the Jamaica Observer yesterday. “He believes that we were right and would win.”

    BUJU... seving a 10-year sentence
    Markus appealed for fans of the artiste, whose real name is Mark Myrie, to show their support in these difficult times.
    “He’s been strong for a long while, but this is a big blow for him,” added Markus.
    Markus told the Observer that he will be visiting with Buju today to discuss the decision and the way forward, which is expected to include applying for a new trial.
    “I truly believe that a good man is in jail for talking a big game. I will continue to fight for him,” Markus said.
    The artiste was convicted last year February in a federal court in Tampa, Florida and later sentenced. Markus subsequently filed an appeal. The conviction and sentence followed a hung jury in September 2010, which set up the February retrial.
    During the appeal hearing, Markus argued that US government informant Alexander Johnson had improperly entrapped his client.
    The panel of three judges also agreed with the jury's conviction of Banton on a gun possession charge, which the trial judge had dismissed after the verdict was read. The judges rejected Buju’s argument that his right to a speedy trial had been violated.
    The appeal court did not consider Buju’s application for a new trial. Instead, the court said that the issue should be determined in the district court.
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    Embattled Dancehall/Reggae superstar,Buju Banton adamantly refuses to give up his fight for freedom as he filed for a new trial in his ongoing drug case.
    Currently serving a ten year sentence on three drug-related charges, Buju Banton's legal team filed a motion on Tuesday with the United States District Court for the Middle District ofFlorida asking that the Grammy-winning entertainer be granted a new trial. This coming nearly three weeks after a Georgia Circuit Court threw out an appeal made on behalf of Buju Banton, agreeing with the jury's convictions on the three aforementioned charges including conspiracy to distribute cocaine and aiding and abetting a person's use of a telephone to facilitate a drug crime.
    The Circuit Court also sided with the jury's guilty verdict regarding a charge of possessing a firearm in furtherance of a drug crime; this despite the charge being thrown out by the presiding judge during Buju's last trial.
    Should a new trial be granted by the Middle District of Florida, it would mark the third for Buju Banton since his initial arrest in December 2009. However, given that there would be a new judge presiding should the trial take place, Buju risks an extension of his current ten year sentence given that the reinstatement of the aforementioned gun charge carries an additional five year prison term, which would be issued consecutively.
    According to Buju's lead lawyer, David Oscar Markus, should his client be denied a new trial on all initial charges by the Florida court, then a new trial will be requested on the gun charge alone.
    Buju Banton's first trial ended in a hung jury in September 2010, prompting the artiste to later be released on bail until his second trial in February 2011, in which he was convicted of the three drug-related charges.
    He was sentenced in June of last year and originally served his prison term at a Texas-based correctional facility before being moved to a Florida federal prison after several safety concerns were raised.
    Buju Banton's current release date is set for February 1, 2019.
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    A US-based criminal defense attorney, is giving a cautious opinion about reggae entertainer Buju Banton's chances of securing a new trial, following Thursday's dismissal of his case by the US Appeal Court.
    Buju was appealing his 10 year sentence for conspiracy to distribute cocaine, and the use of a phone to facilitate a drug crime.
    The 11th Circuit Court of Appeal not only dismissed the appeal, but reversed the not guilty verdict for his gun possession conviction.
    The court also sent Buju's motion for a new trial back to the District Court to decide if enough evidence is there for a new one.
    Florida-based defense attorney, Wayne Golding, remains cautious about Buju's attempt to get a new trial.
    http://www.caribbeanfevercommunity.c...-slim-for-buju
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