United States v. Arturo Castellanos

We are all familiar with the old legal saw:

When the facts are against you, hammer the law. When the law is against you, hammer the facts. When both are against you, hammer the table and yell like hell.

In re Fischer, 131 B.R. 137, 138 (E.D.Mo.1990).

The facts and the law cannot be ignored in this appeal. Nor can the pounding they take from the majority denude them of the power they possess.

The record before the district court established, by a preponderance of the evidence, that ‘Wilmer Castenada”1 was the alias of Appellant, who had a possessory interest in, and an undisputed right to exercise…