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Cigar Afficionado and Cubans

Mike33 said:
rbbrock said:
Mike33 said:
While this probably doesn't matter, I found one case and one case only that has dealt with cuban cigar possession in the U.S. A warrant was served at the guy's house for a weapons charge and they found 50 some boxes of cubans. They came back with another warrant and took all the cigars (supposed value of $25,000) and this was upheld on appeal. Not sure of the fine, but there was one imposed on him. The case is U.S. v. Conner in the N.D. of Ill.

So while the statute doesn't specifically ban possession in the U.S. as CA stated, me thinks you could be convicted of a violation for simply smoking a PSD4 in a bar ;)
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Cripes, Mike, the 7th Circuit actually cites to CA in its opinion! ("Despite some controversy over the degree to which Cuba (where tobacco was first encountered by European explorers) has been able to maintain the quality of its cigars under communist rule, it is undisputed that the leaves grown in the fertile soil of the Vuelta Abajo, in the western province of Pinar del Rio, cultivated and prepared according to centuries-old traditions, produce an incomparably smooth, pungent, and full-bodied smoke." See James Suckling, "On the Road to Tobacco Country: A journey into the Vuelta Abajo, land of the world's best cigar leaves," Cigar Aficionado magazine, May/June 2001.).
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That would be interesting to read! What's the cite for that case?

Have you been able to find any cases that deal with possession in the U.S? I've just begun to learn how to research on WL and LN, so I'm probably not finding everything out there.
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The cite for that quote is United States v. Connors, 441 F.3d 527, 529-30 (7th Cir. 2006).

I have never taken the time to do a Lexis search for TWEA (Trading With the Enemy Act) cases, but I may do so when I have some time to kill one of these days. It could be fun.

This should be a pdf of the opinion: linky.
 
The Blues Bros cover, eh? I'll dig it up. I'm gonna be heading out for a smoke in a bit and I'll glance through it.
 
Mollow Dead Heads...

deadhead.jpg


... livin' on Reds, Vitamin C and Cocaine... all a friend can say is 'aint it a shame!

mac ;)
 
rbbrock said:
Mike33 said:
rbbrock said:
Mike33 said:
While this probably doesn't matter, I found one case and one case only that has dealt with cuban cigar possession in the U.S. A warrant was served at the guy's house for a weapons charge and they found 50 some boxes of cubans. They came back with another warrant and took all the cigars (supposed value of $25,000) and this was upheld on appeal. Not sure of the fine, but there was one imposed on him. The case is U.S. v. Conner in the N.D. of Ill.

So while the statute doesn't specifically ban possession in the U.S. as CA stated, me thinks you could be convicted of a violation for simply smoking a PSD4 in a bar ;)
Click to expand...

Cripes, Mike, the 7th Circuit actually cites to CA in its opinion! ("Despite some controversy over the degree to which Cuba (where tobacco was first encountered by European explorers) has been able to maintain the quality of its cigars under communist rule, it is undisputed that the leaves grown in the fertile soil of the Vuelta Abajo, in the western province of Pinar del Rio, cultivated and prepared according to centuries-old traditions, produce an incomparably smooth, pungent, and full-bodied smoke." See James Suckling, "On the Road to Tobacco Country: A journey into the Vuelta Abajo, land of the world's best cigar leaves," Cigar Aficionado magazine, May/June 2001.).
Click to expand...

That would be interesting to read! What's the cite for that case?

Have you been able to find any cases that deal with possession in the U.S? I've just begun to learn how to research on WL and LN, so I'm probably not finding everything out there.
Click to expand...

The cite for that quote is United States v. Connors, 441 F.3d 527, 529-30 (7th Cir. 2006).

I have never taken the time to do a Lexis search for TWEA (Trading With the Enemy Act) cases, but I may do so when I have some time to kill one of these days. It could be fun.

This should be a pdf of the opinion: linky.
Click to expand...

This should work: Linky

That is what I was looking for.....I only could find the Dist. Court's ruling. 37 months for violating the TWEA? Pretty harsh. I think it says he was convicted under 18 U.S.C.A. Sec. 545 which is smuggling goods into the U.S. This can be punishable by up to 20 years and/or a fine. The part that is really interesting to me is this: "Proof of defendant's possession of such goods, unless explained to the satisfaction of the jury, shall be deemed evidence sufficient to authorize conviction for violation of this section." 18 U.S.C.A. Sec. 545. So basically, you can be found guilty of illegally smuggling goods into the country just by being in possession of a Cuban cigar. I think CA needs to do a little better research :whistling:
 
Yep. It is my understanding that the burden of proof is always on the possessor to present an affirmative defense of their innocence when caught with any type of contraband.
 
badhangover said:
Yep. It is my understanding that the burden of proof is always on the possessor to present an affirmative defense of their innocence when caught with any type of contraband.
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Right. In this case, that would be awfully tough. You'd have to say you bought it from someone in the states and you would have to give that person up.

I'd pin it on Wilkey :)
 
Mike33 said:
Right. In this case, that would be awfully tough. You'd have to say you bought it from someone in the states and you would have to give that person up.

I'd pin it on Wilkey :)
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Jokes on you. What do you think I do with all those counterfeits people send me? :whistling:

Wilkey
 
This thread has been more helpful than most of you realize! We have now established that Gary is either a dick or a jerk :D and that is no small feat. Can we just call him a derk or a jick? This obviously only applies until you meet him..........he is a damn good guy!
 
I think James Suckling is the European editor and lives in Europe. He travels to Cuba quite often.
 
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