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THE PLAGUE OF PIRACY

Apr 27 2009
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Youthful Pirate Faces Life in Federal Prison if Convicted on Piracy Charges
By: Houston Criminal Defense Lawyer John Floyd and Paralegal Billy Sinclair

Abduwali Abdukhadir Muse, the lone survivor of the four Somali pirates who attacked the United States flagged-ship Maersk Alabama on April 8, 2009, was recently indicted in the United States District Court for the Southern District of New York on five criminal counts, including piracy under Section 1651 of the Title 18 of the United States Code. The other three pirates did not fare as well. They were killed four days earlier in spectacular fashion by Navy Seals sharp shooters who also rescued the captain of the Maersk Alabama. If convicted of piracy, Muse will face a life sentence under United States Code Title 18, Section 1651.

The Maersk Alabama case, which drew around-the-clock media attention, provoked intense discussions in American households and work places about the issue of piracy and what to do about it. The only real frame of reference most Americans had of piracy before this incident was the swashbuckling kind portrayed in Disney’s Pirates of Caribbean. The Maersk Alabama made the horrible act of piracy personal because the freighter was flying an American flag and was being captained by an American citizen. In effect, the four pirates had attacked America and held the nation hostage for four days until the Navy Seals shut down the high seas drama with three simultaneous, perfectly-placed bullets that not only killed three of the Somali pirates but sent a message to other potential pirates that the American military will take no prisoners when Americans are attacked on the high seas.

One hundred and eighty-nine years ago the United States Supreme Court held that the U.S. Congress had the power “to define and punish piracy and felonies committed on high seas, and offenses against law of nations.” 1/ Forty-one years later a Massachusetts court ruled that the U.S. Constitution conferred upon Congress the power to not only punish piracy under the Law of Nations but to define piracy in its own terms even if the high seas acts committed were not considered piracy by the Law of Nations.2/ Larry Howard, a professor at the Maritime College branch of the State University of New York, and an expert on piracy, said these definitions were embraced by the 1958 Geneva Convention on the High Seas which defined piracy as “any act of depredation, committed for private ends.”

The Supreme Court in 1893 defined “high seas” as open waters of oceans and seas 3/, and forty-two years later a California federal court held that the territorial waters of the United States are not considered “high seas.” 4/ Under the Law of Nations, any robbery committed on the high seas is piracy 5/ and Article 3 of the Law of Nations defines the term “law of nations” as “the science of the rights which exist between Nations or States, and of the obligations corresponding to these rights.”

Ben Macintyre, writing in the April 16, 2009 edition of TIMES Online, said Americans call bandits on the high seas pirates “because that is how they most easily translate into Western culture, but the Somali marauders currently terrorizing Indian Ocean shipping might better be termed ocean-going shiftas, heirs to a long and uniquely African tradition of banditry.

“The term shifta may be unfamiliar, yet it is key to understanding what is happening off the coast of Somalia, and how it might possibly be resolved. Shifta, derived from the Somali word shufto, can be translated as bandit or rebel, outlaw or revolutionary, depending upon which end of the gun you are on.”

The shiftas were established in the 19th century as a “law and order” militia to control the lawless mountain ranges in east Africa. But, as Macintyre pointed out, they soon disintegrated into bands of freelance outlaws and highway robbers who became ruthless killers with reputations for barbarity. Macintyre referred to one British military officer stationed in Kenya in 1942 who described the Somali shiftas as “ruthless outlaws who killed for the sake of killing, holding human life cheap if it stood in the way of rape and pillage.” Historical accounts record that shiftas turned their captives over to their women who, as Macintyre said, “elaborately mutilated [them] before an agonizingly slow death.”

But as John Dillinger and other bank-robbing gangs of the 1930s depression era became Robin Hood-like folk heroes in the American heartland, the shifta also emerged in some areas in East Africa from criminal barbarity to popular rebels fighting oppressive government authority. Macintyre noted that two 19th century Ethiopian emperors started out as shiftas. The Somali “pirates,” or shiftas, have now assumed a John Dillinger kind of status in their worn-torn country: they do not kill unless it’s absolutely necessary, they divide the booty among all gang members, and they spread the wealth in the Somalia communities where they live. They are “a sort of maritime Mafia upholding social order while resisting Western power,” wrote Macintyre.

The International Maritime Bureau (IMB) has maintained statistics on pirate attacks dating back to 1995. The attacks have dramatically escalated in recent years. In 2006, for example, there 239 such attacks resulting in 77 crew members being attacked and another 188 held hostage. Only 15 of the attacks resulted in someone being killed. A year later the number of attacks increased to 263 with 64 crew members being injured as opposed to 17 in 2006.

The pirate attack against the Maersk Alabama was only the second pirate attack against an American vessel since 1975. On March 12th of that year the Vietnam War was winding down to the relief of most Americans until the U.S. flagged-ship Mayaguez, operating under the U.S. Military Sealift Command, was captured by Khmer Rouge rebels who had just seized control of Cambodia and would ultimately slaughter up to two million of their own people.

President Gerald Ford declared the hijacking of the Mayaguez as an act of piracy and ordered the U.S. Marines and Air Force commandos to retake the ship at Koh Tang, an island off the Cambodian coast. The president also ordered the USS Coral Sea into the area.

The rescue attempt proved to be a tragic military disaster, like the one set in motion in 1980 with Operation Eagle Claw designed to rescue the Iranian hostages. The Khmer Rouge rebels had secretly moved the 39-man crew of the Mayaguez to the mainland. While a first group of Marines launched a precise military operation that recaptured the American vessel, other military forces flown onto the island by helicopter were met by intense resistance from the Khmer Rouge. Altogether, 18 U.S. military personnel from the Navy, Air Force, and Marines were either killed or disappeared with another 40 seriously wounded, along with 12 helicopters being shot down. And the fiasco did not end there. Yet another helicopter carrying an armed unit from Thailand to the fight crashed, killing 23 military personnel on board. Shortly after the brief but costly battle, the Khmer Rouge released all of the Mayaguez crewmen.

The IMB has noted that since 2003, there have been more than 1900 pirate attacks worldwide, 218 of which have been committed since 2007 by Somali pirates. Military might, as used in the Maersk Alabama incident, has historically proven to be the only way to successfully deal with pirates. This was first made clear by Julius Caesar who was captured by pirates and held captive until a ransom was paid for his release. He assured the pirates he would return and crucify all of them on their own beach. He kept his word, and for many years to come the once pirate-infested Mediterranean Sea was free of pirates. In his excellent book “Jolly Roger: The Story of the Great Age of Piracy,” Patrick Pringle wrote about how the British Royal Navy had the same impact on piracy in the Caribbean Sea and Indian Ocean. “By 1744, the Age of Piracy was over,” he wrote, “and it was the men-of-war, after all, that finally brought it to an end.”

Pringle pointed out that arming merchant ships to fight piracy has always proven to be an enormously expensive failure. That’s why all the seafaring nations of the world agreed to stop the arming of merchant ships and “privateers” with the 1856 Declaration of Paris. It is this historical maritime agreement among nations that today prevents merchant vessels from carrying armed guards to ward off pirate attacks.

Thus a heavy military presence sponsored by all seafaring nations is the realistic hope for cleaning up the plague of piracy currently infecting the Indian Ocean. The “special forces” of both the United States and France have demonstrated over the past couple months that military force is an effective remedy for stopping attacks and rescuing hostages.

Beyond prevention with military force, the seafaring nations of the world should establish a more modern Geneva Convention upgrading the 1958 definition of piracy to a “crime against humanity.” This would allow for all captured pirates by military forces to be turned over to and tried before the International Criminal Court (ICC) in The Hague, Netherlands. Upon conviction and sentencing, the pirates could be turned over to nations against whom their crimes were committed to serve out their terms of imprisonment.

One or two nations cannot wage this fight alone. There must be a concerted effort among all nations with commercial interests on the “high seas” to join in a collective military effort to accomplish what the British Royal Navy achieved in the 1700s—an end to scourge of piracy.

Young pirate Abduwali Abdukhadir Muse is about to become fodder to feed the American public outrage over the Maersk Alabama attack. Besides the testimony of Captain Richard Phillips and his 20 crew members that Muse participated—and, in fact, was the leader—in the hijacking of the vessel, there is his surrender to military authorities and the incriminating statements he gave to law enforcement investigators after his surrender. Finally, and most significantly, there are statements from Captain Phillips that he personally gave Muse and two of the deceased pirates $30,000 from the ship’s safe. This $30,000 robbery on the high seas satisfies the definition of piracy by the Law of Nations and subjects Muse to a life sentence under Section 1651. Convictions on the other counts will not matter that much. A federal life sentence does not have parole eligibility. Muse, therefore, will almost certainly spend the rest of his life in a maximum security federal prison.

SOURCES:

1/United States v. Smith (1820) 18 U.S. 153, 5 Wheat 153, 5 L.Ed. 57
2/ Charge to Grand Jury—Treason & Piracy (1861), CCD Mass) 2 Spr. 285, 30 F. Cas. 1049, No. 18277
3/ United States v. Rodgers (1893) 150 U.S. 249, 37 L.Ed. 1071, 14 S.Ct. 109
4/ United States v. Carrillo (1935, D.C. Cal.) 13 F.Supp. 121
5/ United States v. Palmer (1818) 16 U.S. 610, 3 Wheat 610, 4 L.Ed. 471

By: Houston Criminal Defense Attorney John Floyd and Paralegal Billy Sinclair

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    Mr John is a great human being and a very knowledgeable attorney. He has always called me back promptly,advised me very clearly and never rushed our conversation. i was wrongfully accused … More and Mr John had my case DISMISSED!! on the day of trial after fighting for me for two years. I am very thankful to the John T. Floyd Law Firm. You will not go wrong with John. Mr John you deserve way more then 5 stars.Thank youShaikh.
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    Attorney Floyd replied very timely to my inquiry and he provided practical advice. I will not hesitate to contact him in the future if I need additional legal counsel.
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    Very knowledgeable and professional. I called and left a message Friday morning and before end of business that day I received a call back.Positive
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    Excellent service and a lawyer that doesn't lie. He does what he says. JW recommends him.
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    One of the best services Ive used in awhile. Thank you for all the help and answers. You got my life back. Thank youPositive
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    Im impressed. This guy was polite and professional and most important...he listened.
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    Good experience and very good lawyer
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    It was a pleasure speaking with John. He is knowledgeable and has a true desire to help the people of society. I turned to him for some guidance of a long-standing issue. He never … More rushed our conversation and went out of his way to look into the details to provide the right answer as well as assist me anyway he could. Thank you for our conversations and I wish your and your firm the best. If you need a lawyer, John Floyd is your guy!
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    John represented me in court for roughly 2 years. I won't (and shouldn't) get into any serious details, but let me tell you that I couldn't have chosen anyone better. … More Seriously.Every appearance in court I felt very comfortable. The judge and DA's had a high regard for his reputation. There is a time I recall where simply his presence greatly impacted the court's interpretation of my case and persons. We were in front of the stand and the judge could not stop talking about John's prestige and past accomplishments and how that took in relation to my case. I kept silent in front of the judge, but I observed then that John's popularity and reputation within the court had already given me a better looking rapport with the judge. Let me tell you, I never had more confidence then, knowing that the judge held him in such high regard.This is not to mention how personable John is. I'll be honest that during the stress of court, sharing a laugh with your lawyer helps a lot. This may sound a lot, but I really appreciated the relationship we had then. This is also not to mention that he was able to deal very well with any DA that rotated over the years. Seriously, John was great, prompt with information and very hands on with my case. I had great peace those 2 years until everything wrapped up.If you're looking for a lawyer, I highly, HIGHLY recommend the John T. Floyd Law Firm. He IS nationally renowned, you know. He'll get the job done to the utmost confidence. He's very experienced and has a great record to boot. I am glad to have had him represent me in court and trust me that I never thought I'd ever say that (and whoever does?). We explored every avenue of victory together and I personally enjoyed the experience, despite the seriousness of the accusation.If you have a case that needs to be represented at the highest levels, choose John T. Floyd. He's a good man and very good at what he does. Him and his team has the experience you need to make the best decisions and options to get the best outcome for your case. We got the best result I could possibly ask for, thank God.Seriously. Hire John. He knows what he's doing.Seriously.
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    One of the few honest lawyers I have ever talked to. His complimentary consultation was knowledgeable and thorough. He knew exactly what the issue was and how to handle it. His candid … More appraisal of the situation and how to proceed saved me thousands of dollars in legal fees. If you have a case requiring expertise in John's area of practice, look no further. Hire this man!
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    I had the opportunity to read an article that Mr. Floyd wrote and it was very interesting. I called him about the article and advice concerning a similar situation. He not only gave … More me excellent advice, he pointed out not just what I wanted to hear but what I needed to hear concerning my situation. The Good, The Bad and The ugly in a manner or speaking. He spoke with an open and honest heart with information to help me and not just to get a client.
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    If you are in trouble and need a lawyer, contact the John T. Floyd law firm. Some of the best lawyers in Texas work there! Understanding and helpful lawyers and staff that will do all … More they can to help you 😊
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    He gave me one of the most honest answers I have received in a very long time about any issue I was having with anything. Legal or not legal. I highly recommend giving him a call and … More will be referring him to friends and family if they have any issues in the future.Positive
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    He took time out of his day to answer my legal questions and didn’t even charge me. I would definitely recommend him to you.
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    Gave free consultation on getting gun rights back. He truly cares about gun rights and getting you the help you deserve. 100% worth a callPositive
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    Very professional, great quality work, and very friendly and helpful. Overall, their service is phenomenal. I recommend Mr. Floyd to anyone.
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    Mr. Floyd took the time to explain his experience with the law to me in layman's terms. Definitely give him a call.Positive
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    He was honest , knowledgeable , and professional about what we talked about. Most lawyers are just about the money , but not john.Positive
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    He was very truthful and honest with us very great man I would recommend him and we would use him again
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    Very professional honest and works hard currently working my husband’s appeal I pray he does his best workPositive
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    I contacted John T. Floyd Law firm and I was very satisfied with service extremely helpful and friendly thank you Mr. FloydPositive
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    This law frim was informative,great response time ,and the attorney called back not some secretary or legal assistant thank u guys for all your help wish it was more like youPositive … More
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    I would highly recommend Mr Floyd. He was very helpful and knowledge with a legal question I had.Positive
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    He explained my case better then any other lawyerPositive
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    Had the pleasure speaking with John Floyd on a personal matter, he was very responsive, nothing but exceptional, and he really cares about you with sincerity and most importantly knows … More what is he talking about! No games or bs, his approach to my situation even though I knew it was probably way smaller then what he normally takes on, he was extremely helpful and didn't care about the size of the matter like other attorneys do. He really looked out for my best interests. You can tell he has decades of experience doing what he does just by chatting with him. I would highly recommend him.
  • Avatar S A ★★★★★ 4 years ago
    Words can’t describe how grateful I am for working with John, he went above and beyond my expectation. I was wrongly accused and hired many lawyers before hiring John Floyd but they … More all disappointed me, I had lost hope until a friend of mine referred me to John. From the start he had my best interest in mind and gave helpful advice, he explained the process and guided me. He put more work and time than all my previous lawyers that cost me thousands of dollars. He was constantly communicating with court and defended me more than all lawyer i had hired before him. Don’t waste your time and money like I did, believe me when I say I hired countless lawyers before him and no one came close to John. I’m forever thankful for him for fighting for my innocence and getting my case dismissed. Thank you so much🙏🏼🙏🏼
  • Avatar Gary Watch ★★★★★ 4 years ago
    I called Mr Floyd and left a message, with in the hour I received a call back with much more information then I could have ever expected. Mr Floyd was very informative on every question … More I had for him. He seemed like he cared, instead of like most attorneys that you talk to that are just out for a quick buck. If you want someone that is going to shoot strait with you, and has your best interest in hand, this is you guy. This was the best experience that I have ever had with an lawyer.
  • Avatar Saman Daftarian ★★★★★ 4 years ago
    I can state with confidence that Mr. Floyd and his team are the most competent and professional lawyers one can hope for. My case was quite complex and I admit that as a law student … More I was not the most patient client. Mr. Floyd did a phenomenal job of managing the bench, prosecution and myself! The result was above expectation, and I will never hesitate to recommend this firm regardless of the caliber of the case at issue.
  • Avatar calvin robinson ★★★★★ 4 years ago
    It was a pleasure working with Mr. Floyd. I contacted him regarding a legal matter and he was extremely knowledgeable about the law, and responded in a timely manner. I appreciated … More the fact I did not feel rushed, and he made sure he thoroughly answered all questions I had. I would highly recommend him!Positive
    Responsiveness, Professionalism …More
  • Avatar Alan Howk ★★★★★ 4 years ago
    Spoke with John Floyd about a 45 year old criminal case I was involved in. I had very little information about the case and John helped me search what records were available and gave … More me guidance to find more information. He was very professional and took his time helping me. I may need to hire a lawyer on this case and Mr. Floyd will be the man.Thanks John.
  • Avatar CMCustom Cycles ★★★★★ 4 years ago
    Very professional and straight forward. He's not going to waste your time or money. Very knowledgeable in a large range of possible matters one could face living in these days … More and times. If ever you need legal assistance, this is who I would suggest. Awesome!Positive
    Responsiveness, Quality, Professionalism, Value …More
  • Avatar Greg Page ★★★★★ 4 years ago
    I called about some legal questions I needed to get clarified and John was able to give me clarification and sound advice. I will definitely contact John for all future legal questions … More and issues.Thank you John!Positive
    Responsiveness, Professionalism, Value …More
  • Avatar Kristen Rankin ★★★★★ 4 years ago
    Knows his stuff and well respected with DA and judges. I have referred him a couple times and every client has been satisfied
  • Avatar Kedar Puranik ★★★★★ 4 years ago
    John is beyond knowledgeable! If I decide to pursue my case any further I would only have him represent me.
  • Avatar Joseph Sivadon ★★★★★ 4 years ago
    What a great attorney, this guy really took time out of his day to answer my questions and explain my case to me. Very grateful, thank you so muchPositive
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  • Avatar Lex Strider ★★★★★ 4 years ago
    Absolutely a very professional lawyer. Very well read in the current law and more than willing to help if needed.
  • Avatar karim khalifa ★★★★★ 4 years ago
    Mr. John he’s a professional he knows what he’s doing and he’s patient they recommend Him stronglyPositive
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  • Avatar James Haggard ★★★★★ 4 years ago
    Great service, very knowledgable and happy to help with any questions I had
  • Avatar David Sustaita ★★★★★ 4 years ago
    Quick to action and helpful and knowledgeable with entertainment industry based issues!
  • Avatar Chad Groves ★★★★★ 4 years ago
    Responded on a holiday week. Very knowledgeable and reassuring.
  • Avatar Mark Fein ★★★★★ 4 years ago
    Very professional
  • Avatar Bthomason903 Bthomason903 ★★★★★ 4 years ago
  • Avatar Anton Jasser ★★★★★ 4 years ago
  • Avatar Alma Garza ★★★★★ 4 years ago
  • Avatar Victory 2020 ★★★★★ 6 years ago
    I want to thank John T. Floyd and all of his team. He is the best lawyer who cares aboutHis clients and fights really hard to get the best outcome. He is a fighter and he is awesome!!!I … More recommend if any one needs criminal defense , he is the BEST. We had a really serious caseAnd we are very thankful for the outcome. Thank you John!!!!! God bless you!!!!!!
  • Avatar Alma Garcia Cunningham ★★★★★ 6 years ago
    The attorneys at John T. Floyd Law Firm work diligently to achieve the best possible results for their clients. They are caring and knowledgeable professionals. Their expertise in the … More law and their experience as trial attorneys makes them the right choice as a defense attorney. I recommend this law firm highly.
  • Avatar Rajiv Patel ★★★★★ 6 years ago
    From beginning to end this firm handled my case like the top tier professionals they are. I would not trust ANYONE else with my legal needs after having less than stellar experiences … More with other teams. Thank you Floyd!!!
  • Avatar Jose Tapia ★★★★★ 6 years ago
    I really felt like the team cared about my case and am super satisfied with the outcome. Would not recommend anyone else!
  • Avatar Sagar Patel ★★★★★ 6 years ago
    These guys do amazing work and have phenomenal service! Hands down best in the Houston area!!
  • Avatar RAYNINN ★★★★★ 6 years ago
    John and Chris are true professionals! Love those guys like family!
  • Avatar Virginia Martin ★★★★★ 6 years ago
    Mr. Floyd and his team are very knowledgeable, informative, and helpful.
  • Avatar Darla Latham ★★★★★ 6 years ago
    A team you can depend on to stand up and fight for you to prove the truth the whole truth!
  • Avatar Veronica Elorza ★★★★★ 6 years ago
  • Avatar Karetta Lux ★★★★★ 7 years ago
    Mr. John T. Floyd represented me.I couldn't be happier with the outcome he managed to achieve on an VERY Important case that was dismissed the day of Trial. He is patient & … More very knowledgeable of the legal system. I HIGHLY recommend him to anyone in need of a lawyer!John, I am forever grateful & satisfied with the effort you put forth & all you did for me. Thank you isn't enough!God bless you & your family!
  • Avatar GM ★★★★★ 8 years ago
    The John T. Floyd Law Firm assisted me, and I can tell you that the attorney took the time to answer my questions, and I didn't feel rushed or dismissed as I have experienced in … More the past with attorneys. The attorney was very nice and extremely knowledgeable. Initial impressions and continued excellent customer service are big factors for me and as such I would highly recommend this firm.
  • Avatar Sandra Bivens ★★★★★ 8 years ago
    I thank you for your efforts to help Felons regain their Civil rights, and for the information on possession , I am A convicted Felon, no violent history. I am an expert shot, I am … More 76 yoa, and very concerned about the present lake of Security in our State and Country. God Bless and Prosper you in your efforts, Your friend, Sonny Bivens
  • Avatar Mike Kittelson ★★★★★ 8 years ago
    I really appreciated both Chris and John helping with my legal questions and concerns. Both are good guys and I would not hesitate to recommend them.
  • Avatar Robert Hair ★★★★★ 8 years ago
    Extremely helpful!!! Helping me understand the law.

John T. Floyd is Board Certified in Criminal Law By the Texas Board of Legal Specialization

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