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Federal Appeals Court Re-Instates Brutality Conviction

Federal Appeals Court Re-Instates Brutality Conviction

Federal Appeals Court Re-Instates Brutality Conviction

The 9th US Circuit Court of Appeals has reinstated a conviction against a California prison guard. Robert McGowan had been convicted of cruel and unusual punishment for pulling two shackled inmates out of a transport van and throwing them head-first to the ground. The inmates had taken part in a prison brawl hours before the incident, and were being transferred to another prison unit. One of the inmates charged that McGowan also hit him in the head and pushed his head into a wall. The inmates suffered only minor injuries.

McGowan denied the assault, but a federal jury in Los Angeles convicted McGowan of the assault, and two other guards of conspiring to cover up the incident. US District Judge Manuel Real overturned the conviction on the grounds that prosecutors had not presented sufficient evidence to suggest that the guards were guilty. A three-judge appeals panel re-instated the convictions and ordered that the guards be sentenced by a different judge because Real may not be able to sentence the defendant in light of his previously expressed opinion.

If you've been arrested for a federal crime, you need an aggressive federal criminal defense attorney like Robert Michael Helfend on your side. Mr. Helfend has 25 years' experience exclusively in criminal defense and takes cases in both federal and state courts. The line between what constitutes a federal crime and what matters should be heard in state courts can be thin. You need a federal criminal defense attorney who can raise the issues on which the case will hinge during the initial court proceedings.

Mr. Helfend will work aggressively to get federal charges against you reduced or dropped, or moved to state courts when practical and appropriate. He has established a long case history of successful defense on a wide variety of criminal matters.

If you've been arrested for federal crimes, contact Robert Helfend today for a free consultation on your federal case.

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