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Title: Full Story on What’s Going on In Oregon – Militia Take Over Malheur National Wildlife Refuge In Protest to Hammond Family Persecution…
Source: The Conservative Treehouse
URL Source: http://theconservativetreehouse.com ... to-hammond-family-persecution/
Published: Jan 3, 2016
Author: sundance
Post Date: 2016-01-03 16:31:29 by Roscoe
Keywords: None
Views: 5398
Comments: 41

The short summary is: in an effort to draw attention to a ridiculous arrest of a father and son pair of Oregon Ranchers (“Dwight Lincoln Hammond, Jr., 73, and his son, Steven Dwight Hammond, 46,) who are scheduled to begin five year prison sentences (turning themselves in tomorrow January 4th 2016), three brothers from the Cliven Bundy family and approximately 100/150 (and growing) heavily armed militia (former U.S. service members) have taken control of Malheur Wildlife Refuge Headquarters in the wildlife reserve. They are prepared to stay there indefinitely.

Click for Full Text!

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Begin Trace Mode for Comment # 37.

#3. To: Roscoe (#0)

Aiken said she would use discretion in sentencing the Hammonds if she could, but that wasn’t a possibility given the mandatory minimums and the jury’s decision to convict them of arson.

“It wasn’t a jury of people from Eugene, it wasn’t a jury of people from Portland. It was a jury of people from Pendleton — your peers,” she said.

Source: Judge sends Oregon ranchers back to prison

Dumbass ranchers were convicted by a jury of their peers.... let 'em rot behind bars where they belong.

Willie Green  posted on  2016-01-03   17:13:13 ET  Reply   Untrace   Trace   Private Reply  


#4. To: Willie Green (#3)

Aiken said she would use discretion

Aiken wasn't the trial judge.

Roscoe  posted on  2016-01-03   17:42:43 ET  Reply   Untrace   Trace   Private Reply  


#6. To: Roscoe (#4)

Aiken wasn't the trial judge.

So? The original trial judge is retired & Aiken now has the job. No big deal.

Willie Green  posted on  2016-01-03   18:53:23 ET  Reply   Untrace   Trace   Private Reply  


#7. To: Willie Green (#6)

The original trial judge is retired

The original trial judge passed sentence before he retired.

Roscoe  posted on  2016-01-03   19:00:25 ET  Reply   Untrace   Trace   Private Reply  


#8. To: Roscoe (#7)

The original trial judge passed sentence before he retired.

It appears he let them off with a lighter sentence than the law allowed and the prosecutors won the full sentence on appeal. He let them off lighter than the law allowed, hoping it would stick. The original judge retired the day the day the case ended, including a retirement cake served in the courtroom.

Tooconservative  posted on  2016-01-03   23:18:48 ET  Reply   Untrace   Trace   Private Reply  


#9. To: TooConservative (#8)

It appears he let them off with a lighter sentence than the law allowed and the prosecutors won the full sentence on appeal.

The Ninth Circus Court of Appeals vacated the sentencing portion of the trial after the original sentences were completed. There was no retrial. How is that due process? For instance, in the original trial the federal judge could have issued a directed verdict of not guilty rather than resort to his equitable sentence. Without a retrial, the woman judge's resentencing rationalization stinks of justice-free pretext.

Roscoe  posted on  2016-01-04   0:48:06 ET  Reply   Untrace   Trace   Private Reply  


#12. To: Roscoe (#9)

The Ninth Circus Court of Appeals vacated the sentencing portion of the trial after the original sentences were completed. There was no retrial. How is that due process?

Retrial wasn't necessary. They merely restored the mandatory minimum sentences that the original trial judge didn't have the authority to ignore. The criminal ranchers weren't "resentenced." They simply had to return to prison to serve the remainder of the mandatory minimum.

The anti-government ranchers oughta quit their squawking... 5 years is too lenient... They actually deserve to be retried and have another 20 years tacked on to their sentence.

Willie Green  posted on  2016-01-04   9:52:09 ET  Reply   Untrace   Trace   Private Reply  


#14. To: Willie Green, TooConservative, Roscoe (#12)

If the judge made a wrong decision then the ranchers should not have to pay for it . Arson can't be tolerated ,even on private lands. But if the judge ignored mandatory sentencing then why should they be held for his error ? Many cases are thrown out and reversed in favor of criminals over technicalities /mistakes by the authorities .

Different debates can be made about this idea of mandatory sentencing ,and the reason why the Federal government owns so much of the land of the nation (especially in the Western states )

tomder55  posted on  2016-01-04   10:34:14 ET  Reply   Untrace   Trace   Private Reply  


#20. To: tomder55 (#14)

But if the judge ignored mandatory sentencing then why should they be held for his error ?

Because they were found GUILTY by a JURY, not the judge.
What don't you understand about GUILTY?
The MANDATORY minimum applies, not a lame slap-on-the-wrist granted by some wimp-ass retired judge.
Lock 'em up, make 'em serve their MANDATORY full sentences. They were found GUILTY by a JURY.

Willie Green  posted on  2016-01-04   11:13:27 ET  Reply   Untrace   Trace   Private Reply  


#21. To: Willie Green (#20)

MANDATORY minimum applies

The one you won't quote.

Roscoe  posted on  2016-01-04   11:14:15 ET  Reply   Untrace   Trace   Private Reply  


#23. To: Roscoe (#21)

The one you won't quote.

18 U.S. Code § 844(i):

Whoever maliciously damages or destroys, or attempts to damage or destroy, by means of fire or an explosive, any building, vehicle, or other real or personal property used in interstate or foreign commerce or in any activity affecting interstate or foreign commerce shall be imprisoned for not less than 5 years and not more than 20 years, fined under this title, or both; and if personal injury results to any person, including any public safety officer performing duties as a direct or proximate result of conduct prohibited by this subsection, shall be imprisoned for not less than 7 years and not more than 40 years, fined under this title, or both; and if death results to any person, including any public safety officer performing duties as a direct or proximate result of conduct prohibited by this subsection, shall also be subject to imprisonment for any term of years, or to the death penalty or to life imprisonment.

THERE.... I quoted it for you...

Willie Green  posted on  2016-01-04   11:35:16 ET  Reply   Untrace   Trace   Private Reply  


#29. To: Willie Green (#23)

Whoever maliciously damages or destroys, or attempts to damage or destroy, by means of fire or an explosive, any building, vehicle, or other real or personal property used in interstate or foreign commerce...

I don't see where a prescribed fire to burn weeds and underbrush applies here.

Where's nolu?

Fred Mertz  posted on  2016-01-04   12:14:04 ET  Reply   Untrace   Trace   Private Reply  


#31. To: Fred Mertz (#29)

I don't see where a prescribed fire to burn weeds and underbrush applies here.

The public land that they burned was leased for commercial grazing purposes, and therefor "real property" used in interstate or foreign commerce.

Willie Green  posted on  2016-01-04   12:33:59 ET  Reply   Untrace   Trace   Private Reply  


#32. To: Willie Green (#31)

Did they burn the public land intentionally?

Fred Mertz  posted on  2016-01-04   12:37:55 ET  Reply   Untrace   Trace   Private Reply  


#34. To: Fred Mertz (#32)

Although the Hammonds claimed that the fire was designed to burn off invasive species on their property, a teenage relative of theirs testified that Steven had instructed him to drop lit matches on the ground so as to “light up the whole country on fire.” And the teenager did just that. The resulting flames, which were eight to ten feet high, spread quickly and forced the teenager to shelter in a creek. The fire ultimately consumed 139 acres of public land and took the acreage out of production for two growing seasons.

Source

I guess the jury must've thought it was intentional. That's good enough for me.

Willie Green  posted on  2016-01-04   12:50:05 ET  Reply   Untrace   Trace   Private Reply  


#35. To: Willie Green (#34)

Thanks. 139 acres is nothing IMO.

Fred Mertz  posted on  2016-01-04   12:56:26 ET  Reply   Untrace   Trace   Private Reply  


#36. To: Fred Mertz (#35)

Well that was one incident, and there were apparently other incidents and warnings that they ignored, etc. etc.
I figure the jury waded through all those details, so I ain't gonna worry about it just because the convicts are whining.
The jury found 'em guilty and the Appelate Court overruled an excessively lenient judge. Case closed.

Willie Green  posted on  2016-01-04   13:05:32 ET  Reply   Untrace   Trace   Private Reply  


#37. To: Willie Green (#36)

You should move to Canada ... nkorea --- would be better !

BorisY  posted on  2016-01-04   13:10:21 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 37.

#39. To: BorisY (#37)

You should move to Canada ... nkorea --- would be better !

You been hanging out too much with savagesusie...

Da plane, boss... da plane!

Willie Green  posted on  2016-01-04 13:57:19 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 37.

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