Much more needs to be said about this, but for now, the main question that’s nagging me is: why did U.S. Attorney Amanda Marshall feel the need to make the Hammonds serve a full five years when a previous judge decided such a punishment was way overboard?
“Amanda Marshall: Former U.S. Attorney for Oregon. Marshall recommended that the federal government challenge the Hammonds’ original prison sentences. By law, the convictions come with mandatory five-year sentences, but U.S. District Judge Michael Hogan in 2012 balked at the punishment and instead sentenced Dwight Hammond to three months and Steven Hammond to one year. Marshall called Hogan’s punishments “unlawful.” The solicitor general authorized a rare appeal of an Oregon judge’s order. The appeals court sided with the prosecution, and the Hammonds returned to federal court last year to face a second sentencing. At that hearing, U.S. Chief District Judge Ann Aiken ordered the pair to finish five-year terms.”
http://www.oregonlive.com/pacific-northwest-news/index.ssf/2016/01/militia_standoff_in_oregon_key.html
In another article on Oregon Live, Marshall is quoted as saying:
"If the government stands by and doesn't pursue the statutorily mandated sentence in this case, what kind of precedent does that set?" Marshall asked. Hogan, she said, imposed "an unlawful sentence."
http://www.oregonlive.com/pacific-northwest-news/index.ssf/2015/12/ranchers_fight_with_feds_spark.html
How sweet of her to stand up for the little guy—the government—and make sure that the two Oregon ranchers suffer to the fullest extent of the law. One has to wonder to what extent any of these judicial branch operators even trust each other, and if they have the same understanding of the law, when such cases get volleyed about. Marshall and her bad decision making is only one layer of this shit-cake.
I plan to write a full post on this very shortly.
“Amanda Marshall: Former U.S. Attorney for Oregon. Marshall recommended that the federal government challenge the Hammonds’ original prison sentences. By law, the convictions come with mandatory five-year sentences, but U.S. District Judge Michael Hogan in 2012 balked at the punishment and instead sentenced Dwight Hammond to three months and Steven Hammond to one year. Marshall called Hogan’s punishments “unlawful.” The solicitor general authorized a rare appeal of an Oregon judge’s order. The appeals court sided with the prosecution, and the Hammonds returned to federal court last year to face a second sentencing. At that hearing, U.S. Chief District Judge Ann Aiken ordered the pair to finish five-year terms.”
http://www.oregonlive.com/pacific-northwest-news/index.ssf/2016/01/militia_standoff_in_oregon_key.html
In another article on Oregon Live, Marshall is quoted as saying:
"If the government stands by and doesn't pursue the statutorily mandated sentence in this case, what kind of precedent does that set?" Marshall asked. Hogan, she said, imposed "an unlawful sentence."
http://www.oregonlive.com/pacific-northwest-news/index.ssf/2015/12/ranchers_fight_with_feds_spark.html
How sweet of her to stand up for the little guy—the government—and make sure that the two Oregon ranchers suffer to the fullest extent of the law. One has to wonder to what extent any of these judicial branch operators even trust each other, and if they have the same understanding of the law, when such cases get volleyed about. Marshall and her bad decision making is only one layer of this shit-cake.
I plan to write a full post on this very shortly.