Whenever Any Form of Government Becomes Destructive To These Ends,
It Is The Right of the People to Alter Or To Abolish It,
And To Institute New Government


Sunday, January 03, 2016

Justice In Oregon?

From the Associated Press, HERE is the complete article, dated January 3, 2016.

This has me puzzled:
Dwight Hammond, 73, and Steven Hammond, 46, said they lit the fires in 2001 and 2006 to reduce the growth of invasive plants and protect their property from wildfires.

The two were convicted of the arsons three years ago and served time - the father three months, the son one year. But a judge ruled their terms were too short under federal law and ordered them back to prison for about four years each.
Does this kind of re-sentencing happen often?

Is there a precedence for such re-sentencing?

Help me to understand this.

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Anonymous Anonymous said...

My spouse, an attorney but not working within the criminal sphere...believes a re-sentencing like this was likely instigated from high in the government...not initiated by the judge - not a common occurrence.

Sunday, January 03, 2016 3:17:00 pm  
Blogger Always On Watch said...

From higher up, huh?

Any idea as to likely candidates?

Sunday, January 03, 2016 5:22:00 pm  
Anonymous Anonymous said...

RRA re-blogged conservative treehouse's post on this topic. At the CT link there is a comment that may help:

Rebel Mope says:
January 3, 2016 at 10:47 am

Against my better judgement, I am going to make a comment. I don’t know if a re-sentencing is unConstitutional, but I will note that when the Hutaree Militia charges were dismissed the prosecutor had to get permission from the Solicitor General to appear the verdict. The Solicitor General approved the appeal. That request to appeal a not guilty verdict was highly unusual. The granting of the request even more so. That Solicitor General was Elana Kagan. When the case was over, I discussed it with one of the defense lawyers. The government always controls the narrative. This goes back to even Blago being arrested and US Attorney Fitzgerald remarked that “Lincoln would be turning over in his grave.” It is, IMHO, a signal to the media on how to tell the story. Therefore, these guys fighting the BLM are right to get out in front to tell their side before they are shut up. The media will not tell the other side of the story until they see people are serious.

Sunday, January 03, 2016 7:10:00 pm  
Blogger christian soldier said...

nothing new- --Kelo vs. New London Connecticut --eminent domain does not include private use land grab--SC sided w/ the gvt over the private citizens though ..

Sunday, January 03, 2016 8:07:00 pm  

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