3A
THE DAILY ASTORIAN • THURSDAY, AUGUST 2, 2018
Man sentenced in
armed robbery
at Astoria home
Our lady
Warner gets
nearly six years
By JACK HEFFERNAN
The Daily Astorian
A man was sentenced
Wednesday to nearly six
years in prison after an Asto-
ria man was robbed at gun-
point in his home.
Michael Todd Warner,
41, originally was indicted in
June on charges of first-de-
gree robbery, first-degree
burglary, unlawful use of
a weapon, felon in posses-
sion of a firearm, first-degree
aggravated theft, second-de-
gree criminal mischief,
pointing a firearm at another
and menacing.
He pleaded no con-
test Wednesday to attempt
to commit a class A felony
and the other charges were
dropped as part of a deal with
the Clatsop County District
Attorney’s Office.
Sergio
Cervantes
A r r e -
guin had
returned to
his home
on
Ala-
meda Ave-
Michael Todd nue in June
Warner
and found
a strange
man inside. Warner pointed
a semi-automatic handgun
directly at Arreguin before
he ran to a nearby restaurant
and called police.
After searching the house
and setting up a perimeter,
police were unable to find
Warner. About four hours
later, a Clatsop County Sher-
iff’s Office deputy located
Warner, who fit the descrip-
tion of the suspect, near the
New Youngs Bay Bridge. He
was found in possession of
the stolen handgun.
Warner also agreed to pay
$1,000 in restitution as part
of the plea deal.
Gearhart pot taxes too high,
dispensary owner says
By R.J. MARX
The Daily Astorian
Noel Thomas
Astoria artist Noel Thomas sketched the Lady Washington, the famous tall ship that visited Astoria last weekend.
GEARHART — Sweet
Relief co-owner Oscar Nel-
son went before the City
Council on Wednesday to
seek some relief for a city
sales tax that is more than
three times higher than other
cities in Oregon.
“I implore you as a city,
as a council, to put the tax
in line in what was stated
in the statute and what the
rest of the state is working
towards,” he said.
In October 2014, shortly
before voters approved Mea-
sure 91 — the legalization
of recreational marijuana
— Gearhart passed an ordi-
nance requiring a 10 percent
city tax on the sale of recre-
ational marijuana and 5 per-
cent for a medical marijuana
cardholder.
After legalization, the state
offered a mechanism for cities
to charge a local tax of up to
3 percent. Municipalities may
not impose a tax or fee on a
medical marijuana cardholder
or primary caregiver.
Appeals court strikes down Trump push to cut sanctuary city funds
Ruling applies
to California
By SUDHIN
THANAWALA
Associated Press
SAN FRANCISCO — A
divided U.S. appeals court
on Wednesday struck down a
key part of President Donald
Trump’s contentious effort to
crack down on cities and states
that limit cooperation with
immigration officials, saying
an executive order threatening
to cut funding for “sanctuary
cities” was unconstitutional.
In a 2-1 decision, the 9th
U.S. Circuit Court of Appeals
agreed with a lower court
that the order exceeded the
president’s authority. Con-
gress alone controls spending
under the U.S. Constitution,
and presidents do not have the
power to withhold funding it
approves to pursue their policy
goals, the court majority said.
“By its plain terms, the
executive order directs the
agencies of the executive
branch to withhold funds
appropriated by Congress in
order to further the administra-
tion’s policy objective of pun-
ishing cities and counties that
adopt so-called ‘sanctuary’
policies,” wrote Chief Judge
Sidney Thomas, joined by
Judge Ronald Gould.
The court, however, also
said the lower-court judge
went too far when he blocked
enforcement of Trump’s order
nationwide after a lawsuit
from two California counties
— San Francisco and Santa
Clara.
Thomas said there wasn’t
enough evidence to support it,
limited the injunction to Cali-
fornia and sent the case back to
the lower court for more argu-
ments on whether a wider ban
was warranted.
Devin O’Malley, a spokes-
man for the U.S. Justice
Department, called the ruling
a victory for “criminal aliens
in California, who can con-
tinue to commit crimes know-
ing that the state’s leadership
will protect them from federal
immigration officers whose
job it is to hold them account-
able and remove them from the
country.”
“The Justice Department
remains committed to the rule
of law, to protecting public
safety, and to keeping criminal
aliens off the streets,” he said.
The decision overall is a big
win for opponents of the exec-
utive order, but Trump could
try to enforce it against juris-
dictions outside the nine West-
ern states — including Oregon
and Washington state — cov-
ered by the 9th Circuit, said
David Levine, an expert on
federal court procedure at the
University of California, Hast-
ings College of the Law.
“If they wanted to go after
Chicago, if they wanted to go
after Denver or Philadelphia,
they would not be bound by
an injunction,” he said. “Those
places would have to bring
their own lawsuits and what-
ever happens, happens in those
cases.”
Trump signed the executive
order in January 2017 — part
of a push by his administration
to go after cities and states that
don’t work with U.S. immigra-
tion authorities.
The government also has
moved to withhold a partic-
ular law enforcement grant
from sanctuary jurisdictions
and sued California over three
laws that extend protections to
people in the country illegally.
The Trump administration
says sanctuary cities and states
allow dangerous criminals
back on the street. San Fran-
cisco and other sanctuary cit-
ies say turning local police into
immigration officers erodes
the trust needed to get people
to report crime.
The
executive
order
directed the attorney general
Celebrating The Life Of
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and secretary of Homeland
Security to ensure that juris-
dictions refusing to comply
with a particular immigration
law generally are not eligible
to receive U.S. grants.
U.S. District Judge Wil-
liam Orrick in San Francisco
ruled in November that the
order threatened all federal
funding and that the president
lacked the authority to attach
new conditions to spending
approved by Congress.
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