minimum mandatory sentences
- Thread starter Jarod
- Start date
Buckly J. Ewer
Racism Whistleblower
The law that dictates this minimum mandatory was introduced by Bob Dole R- Kansas.
The fires were set to coverup a mass shooting of at least seven mule deer near their ranch on federal land (poaching) conducted by the Hammonds.
The circumstances of both fires are worth examining. The first occurred in 2001. According to prosecutors, several members of the Hammond family set this fire “less than three hours after Steven Hammond illegally shot several deer on BLM land,” a claim they corroborate by citing testimony from D.H.*, Dwight’s grandson and Steven’s nephew. The fire, moreover, “consumed 139 acres of public land and destroyed all evidence of the game violations.”
D.H. also testified that his uncle Steven gave him matches and told him to help start the fires. Some time thereafter, D.H. says that he was separated from the rest of his family and found himself surrounded by burning flames. To escape harm he sheltered in a creek.
Additionally, the government claims that three men were camped nearby when the Hammonds’ started these fires, and that Steven and Dwight knew about these campers when they decided to start the fires anyway.
Steven lit the second fire in 2006 — he says that he did so as a preemptive burn in order to prevent an unrelated wild fire from spreading to the Hammond Ranch. At the time, however, the federal Bureau of Land Management had imposed a “burn ban” to protect firefighters who were busying trying to stop the wild fire. A second fire, such as the one set by Steven, could have potentially spread and endangered the firefighters.
http://thinkprogress.org/justice/20...at-the-center-of-the-oregon-militia-standoff/
IMHO the five year sentence they got was richly deserved..
Maybe if you use those facts to determine the sentence, but those facts were not proven in the trial.
The ranchers were not convicted of poaching, or child abuse, or reckless endangerment.
Why is that a lot?
Buckly J. Ewer
Racism Whistleblower
If you review their case the repeated arson was only part of their crime.
Witnesses say they slaughtered a whole herd of mule deer on BLM land hours before the blaze was set to cover evidence of that crime up.
Their disregard for human life when they were told specifically not to light a back fire because there were campers and firefighters in that area.
Had they been a little less lucky they would now be convicted of manslaughter on federal land and would be facing the mandatory death penalty...
Five years was light, IMHO.
FounderChurch
"I Bring You Life!"
Democrats and Political Parties and Religions, that resemble them, throughout history, have always been bottom feeders. That is they build their support on Criminals, Dead-beats, Perverts, God Haters, Baby Killers, Haters, Slavers, Traitors and Totalitarians of all sorts. So, naturally they always go to bat on behalf of wrongdoers of every sort. FounderChurch
Buckly J. Ewer
Racism Whistleblower
Democrats and Political Parties and Religions, that resemble them, throughout history, have always been bottom feeders. That is they build their support on Criminals, Dead-beats, Perverts, God Haters, Baby Killers, Haters, Slavers, Traitors and Totalitarians of all sorts. So, naturally they always go to bat on behalf of wrongdoers of every sort. FounderChurch
So you say...
I believe people should be sentenced for what they're convicted of, not the allegations surrounding the conviction.
Buckly J. Ewer
Racism Whistleblower
Even at that ...They got exactly what they deserved. Five years was not too much.
ChoppedLiver
New member
Don't use FACTS when addressing that BOY.
That dumb "negro" isn't interested in actual fact and truth.
Buckly J. Ewer
Racism Whistleblower
The racist swine Princess peach has nothing to offer the conversation but racist trash talk.
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....
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....
ChoppedLiver
New member
You have nothing to offer this group or society itself.
And you never have or will, BOY.
You're nothing more than a drain on society and the American people.
That's minimum mandatory for you. Some crimes have em, some don't.
Buckly J. Ewer
Racism Whistleblower
Usually republicons gripe about Judges legislating from the bench...Blabo makes an exception to this judge who decided to write his own law when the statute and the conviction were clear...
Poor BLABO
Yes, and I believe they said they torched almost 1 1/2 acres
cawacko
Well-known member
Speaking of Google you ever find that Wilson quote about the Fed?