A little history....
Dwight Hammond and his son, Steve, were taken to federal court for the 2001 fire. Steve was also charged for the 2006 back fire. The father and son were tried and convicted under the Antiterrorism and Effective Death Penalty Act of 1996, created by Congress in response to the Oklahoma City bombing. Under the Act’s minimum sentencing requirements, both Hammonds faced a mandatory minimum sentence of five years in prison. U.S. Attorney Amanda Marshall stated: “The verdict sends an important message to those who think that they are above the law.”
But in the October, 2012 sentencing, U.S. District Judge Michael R. Hogan reduced Dwight’s sentence to three months and Steve Hammonds sentence to one year, based on his belief that such a harsh sentence was not what Congress intended in creating the statute. “It just would not be – would not meet any idea I have of justice, proportionality,” Judge Hogan stated.
The men completed their sentences and repaid about $400,000 in damages to the government.
Arson on federal land carries a five-year mandatory minimum sentence, according to the U.S. District Attorney's Office, but the Hammonds successfully argued during their sentencing that the mandatory minimum was unconstitutional.
The 9th U.S. Circuit Court of Appeals later reversed the decision, and a federal judge in October sentenced them both to five years in prison with credit for time they already served.
Dwight Hammond Jr., 73, and Steven Hammond, 46, quietly surrendered at a Southern California federal prison.
They probably should not have been convicted under this Antiterrorism and Effective Death Penalty Act of 1996 in the first place....so that the 5 year mandatory would not
be applicable....looks likes a railroad job to me....shit, the kid in the news that killed 4 people in a DUI accident didn't even get this harsh a treatment....