Give thanks - US-based J’can lawyer says Buju got the best sentence

BY PAUL HENRY Crime/Court Desk co-ordinator henryp@jamaicaobserver.com

Friday, June 24, 2011

IT could have been far worse for Jamaican reggae superstar Buju Banton than the 10-year sentence he received yesterday in the Sam M Gibbons Federal Court in Tampa, Florida.

Hours after the Grammy-winning artiste was ordered imprisoned for a decade, US-based Jamaican attorney Oliver Smith said the 37-year-old singer got the best sentence possible, given the crime for which he was convicted.

"It's the best sentence he could expect to get. Remember, there is a statutory mandatory minimum. What could have happened is that the judge could have given him more than the statutory minimum," Smith said in a telephone interview with the Observer.

"It would be virtually impossible for the judge to give him anything else; because he got convicted he would not get any of the downward departures one would normally get if one had pleaded guilty," added Smith.

When Banton appeared in court yesterday he faced a minimum mandatory sentence of 15 years in a federal prison which would calculate to 10 years for his convictions on a charge of conspiracy to possess with the intent to distribute cocaine and five years for possession of a firearm in furtherance of a drug-trafficking offence. But US Judge James Moody threw out the gun conviction, reducing the artiste's sentence to 10 years.

Banton, whose real name is Mark Anthony Myrie, was also sentenced to 48 months for his conviction on the charge of using the wires (telephone) to facilitate a drug trafficking offence. That sentence will, however, run concurrent to the 10 years.

The artiste was found guilty, in a second trial in February, of conspiring to negotiate a drug deal in a police-controlled warehouse in Florida. A first trial in September last year ended with a hung jury. Banton's conviction follows his arrest in December 2009. He was arrested along with two other men -- Ian Thomas and James Mack -- who both subsequently pleaded guilty. Thomas was sentenced to four years.

Banton's attorney David Oscar Markus has signalled his intent to appeal the guilty verdict and indicated that he would move with alacrity to secure the artiste's release.

Yesterday, Smith said that in the federal system, Banton will serve two-thirds of the 10 years, which will reduce his sentence to six years. Time will likely be taken off for the more than a year Banton spent awaiting trial, since his 2009 arrest.

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COMMENTS (26)

6/24/2011

Buju is on tape saying he is a drug dealer and how much coke ganja and blood diamonds he deals.He is on video tasting the coke and acting just like a typical drug financier.These jurors had to find him guilty.The thing they got wrong was the gun charge.There was no evidence to prove he knew about the gun.That's why the Judge threw that out.Cock mouth kill cock if he was only talking whose fault is it?Luckily he won't have to start from scratch,he has his record studio and is still making money

howie J
6/24/2011

@Lee Mac, no good person temp another with evil. The US government acted like a pervert who used candies to entice and lead naïve kids astray. If they didn’t get him on drug charge they would probably accused him of rape. Have you every resisted a beautiful woman? If not, then drug may not be your weakness, but maybe you would not be able to resist a beautiful woman.
They wouldn’t place Buju under surveillance for one year and then just waste all that time and money without finding some way to send him to prison. So far, they have not given us any reason why he was placed under surveillance.

Xavi Singh
6/24/2011

some of these big talkers flap their gums and sometimes deceive intelligent women, who believe that they are this and that, and owns the empire state building, when they are nothing but a little pretender.
So as i said,when i listened to the case, i'm convinced that buu wasn't a drug dealer.His mouth got him into trouble.

Xavi Singh
6/24/2011

And if people think i'm talking foolishness, just look around,observe .How many times have you heard people catch up in the street, arguing, then you hear one saying how bad he is,yow a tivoli mi come from,an how much gun he has, an how bad he is, when he doesn't even know Tivoli.Some are big talkers, has the loudest voice,and pretend like they know everything, when they don't, and will go to great lengths to convince you.Women have been tricked by some of these men,intelligent women

Xavi Singh
6/24/2011

That's the part people don't understand.This informant made buju believed he had links or he could let him land a record deal.This got buju excited,and once he had the banton's attention and trust, he went about setting his trap,by striking up a conversation about drugs.Buju been the big talker he is,flapped his gums, trying to impress the informant that music isn't the only thing he knows about,(typical ja, we know everything) and that's how he ended up in jail,he's no drug dealer.

Xavi Singh
6/24/2011

He was seen on tape tasting the cocaine.But Buju alleged that he was brought there to look at boats.See, we Ja, have a tendency to brag, we lie at times to impress our friends or exaggerate.After Buju flapped his gums about been a drug dealer,and was brought to look at boats,he was shown drugs instead. He could not back down now, so he tasted it,not knowing he was been taped.He then came to his senses and backed out.He was also trying to impress this informant to get a record deal.

Johnny Brown
6/24/2011

The man got burned because he didnt practice what he preached...you cant wear two hats...I hope he changes the side of him that deals with the wrong and only focuses on him good ways..I hope he gets out soon and wish him the best and this is a warning to all you other fake rastas...live up

John Smith
6/24/2011

Right on, Lee Mac. I do wish Buju well but you cannot have one law for one man and another for the other. When Jamaica stops tolerating and supporting people in 'weaker' positions than we are we'll be one of the most desirable countries in the world to be born, live, and die in. We let people get away with too much in this country, simply because of who they are. Remember 'free Jah Cure'? I find it disgusting. Is like music tun some ah wi inna fool...

alti shaw
6/24/2011

The bible says "Avoid the very appereance of evil." this is a lesson to all of us especially we who are overseas... just avoid certain things... see no evil, speak no evil. touch no evil. hear no evil, TASTE no evil. NUFF SAID

Yard Vibz
6/24/2011

Paul Henry, it’s good to hear from you again. I had wondered why your colleague (Walker) was given the assignment to give closing argument on a case that you've covered since its inception.... Mark H, the attorney (Smith) seems to have presented a cock-eyed argument. Not sure how he has arrived at the 33.333% free time given by the feds....And J Brown, what proof do you have that the alleged DNA evidence were actually presented & overlooked by the jury in people v. Lewis? Too much hearsay, boss!

Wins Diaz
6/24/2011

Great observation and insight, Lee Mac. Refreshing to read a posting not alluding to the guy being an international icon or being compared to Garvey. The judge indeed showed leniency and humanity in handing down a reasonable sentence within a mandatory minimum guideline. The judge should be commended.

enron murphy
6/24/2011

On my recent visit to Jamaica i happen to travel to Kingston instead of montego bay for the first time. on the MIA to KIN route i was met by at least 4 cops with dogs before i enter the plane. On my return to the US i was taken out of the line, my bags were search and i was pat down before entering the plane. what am i saying? we jamaicans need to change our image overseas. Buju isnt as innocent as we make him to be. He should be happy for the 10 yrs. i wish we would learn.

Brooklyn Jamaican
6/24/2011

While I was rooting for him and was sad to see it go down, the truth is there are some countries, the one I live in, unlike the one I was born, where though not perfect, the law is no joke. Your fame fortune, and reputation will help you but so much. I hope this is a lesson for those Movados, and Bounty Killer's etc. who view their arrests in Jamaica as simply the cost of doing business.

Lee Mac
6/24/2011

@Howie J:
Set up how? Did the U.S. government kidnap Buju, bound his hands and transport him to the warehouse where the "homosexual lobby" held a gun to his head and forced him to taste the cocaine?
THIS is the real reason Jamaica's such a backwards country: our tolerance for wrong-doers! Do you know how many times people come up to me in clubs asking about drugs just because I'm black? One choice dirty curse word later and they leave me in peace.
Buju should have tried this - it never fails!

PL BOGLE
6/24/2011

@ howie j: Without the benefit of radio, satellite, television, or a worldwide news agency, MARCUS Garvey used his several newspapers, especially The Negro World, to internationalize his movement, to educate the black masses to their self-worth and creative potential, and to set the teeth of the colonizing European powers to edge. Where is the comparison between Garvey and Buju? Buju admits with his own mouth that he talks crap; Marcus fought for blacks. A great contrast between Marcus and Buju is that Garvey is a national hero while Buju is an international disappointment. PL Bogle wasn't adopted it was given.

Tom Stroke
6/24/2011

@Howie J. Nuff respect to your kind of reasoning. I also see things from your point of view. We all need to empathize and learn from our fallen brothers. It is no secret that we Jamaicans love to brag and chat. Digicell and others are making record profit today as a result of our grease mouths. When I visit the USA and travel on the trains and buses I am amaze how quiet they can be, very rarely you hear people having a conversation. However, on a bus in Ja. everyone is having a conversation.

Kingston Bailliff
6/24/2011

Lee Mac there is nothing in the trial that suggested Buju knew he was going to a warehouse for drugs. They said he was told he would be shown boats. You should get your facts correct before you speak out publicly, else you stand to be seen as an ass.
The tasting of the drug would leave doubts in anybody's mind; but that doesn't make him a dealer.
Buju flirted but it should never have been convicted of the crime. Obvious set up. They saw a big catch! Thats it.

tickyticky fish
6/24/2011

@ Jay Brown a money run things inna Jamaica most Jamaicans are licky licky.

mark holford
6/24/2011

I don't know where this attorney gets the idea that you get one third off a federal sentence. You get 54 days credit for each year served, which means you serve about 85% of a federal sentence.

Kerron B
6/24/2011

LOL, yes the best sentence! All a unnuh can gwaan pet an powda - bawling justice for a man that wasted his blessings or at the least put his blessings and those of his family (oh and don’t mention the reputation of Jamaica) at stake.
The only 'sentence' that is better than the one he got is the one he forgot: "CRIME DOES NOT PAY!"
The next time I get a hard time as a Jamaican overseas on account of GREEDY INGRATES like Mark Anthony Myrie, I’ll sing ? “It’s not a easy Road” ?? …

Kerron B
6/24/2011

howie J
6/24/2011

@Lee Mac, I agree with your take on the judge, but I see it from a different angle. The judge felt some amount of sympathy for Buju, because he sensed that Buju was setup. He has a job to do and gave him the best possible sentence. However, to say that you don’t do something and therefore has no sympathy for someone who is much weaker in an area where you are strong is the problem of Jamaica. We know nothing about community, and empathy and each person grows like a wild flower. We are an unsympathetic, callous nation of people.

Anthony II
6/24/2011

Jay Brown, in response to your query, here is the testimony, taken from another article: "Machuel Prince, o/c Blackdice — artiste: Of course the sentence is unfair. If he was in Jamaica he wouldn't get that..." I do not want to get started today on that case in Westmoreland.
.
Lee Mac: I concur with your view on entrapment. What could ever possess me to ever, EVER, be entrapped? We all need to be circumspect in what we do, and, yes, Chuck, we need to take responsibility for our actions.

Chuck Emanuel
6/24/2011

The rule of Law must prevail. People must be held ACCOUNTABLE !

Jay Brown
6/24/2011

In USA a man spoke about drugs deal and gets 10 years in prison, in Jamaica a USA based pastor is found not guilty of rape even though DNA evidence found in a spot where it could not have been unless he was present at the scene and at that spot.
What is wrong with this picture.

Lee Mac
6/24/2011

From the outset this judge has been very kind to Buju and treated him with kid gloves. He's thrown out charges, denied the prosecution several motions, granted Buju special privileges and now given him the most lenient sentence allowed. Maybe he's a fan?
That being said, I must admit that I'm unable to find any sympathy for Buju's cause. As a non drug-user, I simply can't imagine any circumstance under which any person or government could ever entice me to show up a warehouse to sample cocaine.

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Give thanks - US-based J’can lawyer says Buju got the best sentence