Posted on 01/04/2016 12:47:14 PM PST by taraytarah
Amid peaceful protests and the occupation of a national wildlife refuge building in Oregon, Glenn Beck said Monday that ranchers Steven and Dwight Hammond should not go to jail again but the judge who originally sentenced them should.
"They received their sentence. They went and they served their sentence. They paid their due, as according to a judge," Beck said on The Glenn Beck Radio Program. "If the judge broke the law, then the judge needs to go to jail."
Dwight Hammond, 73, and Steven Hammond, 46, have been charged with arson for fires they said they lit in 2001 and 2006 in order to reduce the growth of invasive plants and protect their property from wildfires. The fires crossed into federal land managed by the Bureau of Land Management, but the Hammonds ultimately contained and extinguished them.
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 out the remainder of the five-year minimum sentence...
(Excerpt) Read more at theblaze.com ...
Beck is so stupid it hurts.
Good question. This whole thing is very weird.
I read that the prosecutor appealed the judge’s decision.
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.
I found the answer. The Federal Government appealed the sentencing.
http://caselaw.findlaw.com/us-9th-circuit/1656649.html
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?
Ok. I know very little about the law...but isn’t this type of re-sentencing (especially lengthening the sentence) rare? And if judge no. 1 says 5 years is ‘cruel and unusual’, does judge no. 2 have to justify why it isn’t.
And even the basis of prosecution seems sketchy. The son lit a backfire, in a (successful) effort to stop a wildfire. Whatever procedural violations he may have committed, does it rise to the level of ‘terrorism’?
It sounds like targeting/selective prosecution.
Wonder if you would say that if this injustice happened to you or your family....
He may be stupid, but he is also right.
And millions of illegals after breaking our laws and rules, were rewarded with tax paid prizes and gifts by the federal government.
Protestors have been posting videos, saying none of the truth is getting out. Possibly that’s why the Prez candidates seemingly aren’t even aware of the reason for the protests. US propaganda media.
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
The government appealed the sentence claiming that it violated the law they were convicted under. That carried a mandatory five year minimum sentence.
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