Beck is so stupid it hurts.
This is the first I’ve seen details of this case, and I understand why people are p*ssed - what they’re doing to these two is total BS.
I see Beck’s command of the law is right up there with his knowledge of religion and theology.
Epic fail.
If they had been illegals, nothing would have happened to them.
I don’t have time to look at the case but did they have defense counsel? Where the heck is their defense counsel?
In before someone blames this new sentence on Judge ANN Aiken because she is female - I want to say it myself — WHAT IS THIS DUMB FEMALE DOING? A sentence was given and the two men served it.
We had a Democrat female district Judge who hired a prosecutor to come to the county and stay until he found something to use to prosecute our Republican office holders.
It does reek of double jeopardy
But I am familiar with federal sentencing and guidelines which are statutes and bind federal district court judges
One can only get a downward deviation in federal court by a pre sentencing motion 5K-1
Or post sentencing rule 35
Both generally a result of cooperation
In other words the original judge could not deviate just because he wanted to and you can thank your late 80s GOP run Congress for this btw
But some do and usually the USA doesn’t fight back against it
But this one is very political and the USA ..us attorney .. And he had grounds for easy ruling from a higher court
Not that I like the outcome
This is precisely what we warn JBTLs here about
Average poster here has no clue how heavy the govt hand can hit
Can anyone contact the Pacific Legal Foundation in Sacramento, Calif???
Thought soetoro and the DOJ were against minimum sentences.
Three years ago, U.S. District Judge Michael Hogan, who is now retired, sentenced the father, Dwight Hammond, to three months in prison and the son, Steven Hammond, to one year.
Hogan had reduced the Hammonds' sentences from the five-year minimum required because he said it would have violated the constitutional prohibition against cruel and unusual punishment, adding that it would have been "grossly disproportionate to the severity of the offenses here."
In October of last year, after both men had served their sentences, U.S. District Judge Ann Aiken deemed the father-son duo's time served to be too short under federal law and ordered them back to prison Monday, Jan. 4, to serve the five-year sentence.
And what for? when a wildfire threatened, he set a back fire to protect his property.
When invasive, noxious vegetation threatened...he burned it off.
They went after him because he did this on federal land they had leased to him, and some of it got off of the lease onto land that was not being used at all.
This was a gross miscarriage of justice from the get go...and at least the original judge tried to mitigate it.
now they are putting the hammer down after the original sentence was served.
This should be stood against...not to mention all the other ranchers that the Federal government is trying to force out of the area through the expansion of their wildlife refuge.
It is a different set of conditions...but it is the same playbook they used in Klamath in 2001.
And it should be resisted.
If the ex-cons had been members of a privileged minority, they would not be back in jail now.
bflr
Even in cases where I would have approved of a longer sentence (a #BlackThugsMatter arsonist instead of a rancher doing a controlled burn), I would not approve of this sort of governmental exercise of power. Once a federal judge sentences a "criminal" and the convicted "criminal" serves his sentence, it's time to let it go.
The Feds could persuade the State of Oregon to press state charges against the Hammonds. There is no double jeopardy between the Federal Govt and the state governments as far as prosecuting the same crime.
I was in a hurry this am but I remember reading for the first time that the ranchers were accused of poaching and the fires were set to destroy evidence??? All of the “news stories” that come up now quote what appears to be a CNN story from a day or 2 ago and I know that
IT HAS TO BE TRUE WHEN YOU SEE IT IN PRINT
And lazy @ss writers always accept anything that CNN says is true. Can someone from the area direct me to some contemporaneous stories from the trial that either prove or disprove these allegations?
More Bill Clinton garbage.
The fires occurred in 2001 and 2006. When was the trial, if the appeal was 2014? Was the case prosecuted under Bush or Obama? Was is the Statute of Limitations for these offenses?
Nothing here makes sense. These are bs offenses, especially to prosecute under this code section.