http://www.nomadsurvivalsolutions.com
Dwight and Steven Hammond started a fire on their ranch and it spread to federal lands. They were tried in Federal Court for arson on Federal Lands. The trial judge at sentencing felt the mandatory 5 year sentence was cruel and unusual and gave them lesser sentences. The Hammond’s served that sentence and went home. The Federal Prosecutor appealed that sentence and won in Appeals Court to re-sentence the Hammond’s to the Mandatory 5 years (with time served) as required under Antiterrorism and Effective Death Penalty Act of 1996 drafted following the 1990s World Trade Center and Oklahoma City bombings, and signed into law by President Bill Clinton.
Examples:
2001 with permission Steven started a burn to combat invasive species. Fire spread to 139 acres of BLM land (Hamonds ranch on over 10,000 private and 26,000 BLM acres). The court later found that the damages were under $100 and BLM determined that the fire had raised the value of the gov land.
2006 lightening started a large fire threatening Hammond property. Steven back burned to protect is land but did not get authorization from BLM. A burn ban was in effect. 1 acre of gov land was damaged, later found to have a increase in value from the burning.
No one harmed, No Structures harmed.
Trial:
2012 Judge Hogan of US District Court presided and Frank Papagni represented the US Gov over 2 week trial. Not able to determine guilt on all charges, other than the 2 fires the Hammond’s confessed to starting. All parties agreed to resolve case with the 2 charges. The Judge expressed the opinion that he minimum 5 years was “grossly disproportionate” and that the Hammond’s conduct was not conducive with the AEDPA intent. The judge felt this violated the 8th Amendment and “shocks the conscience.” Verbal agreement on record. But, the federal government decided to appeal after the fact in December, 2013.
9th Circuit Court VACATED AND REMANDED Document
20 min video summary of situation:
The Truth About The Oregon Rancher Standoff
In the coming weeks, the Administration will engage with manufacturers, retailers, and other private-sector leaders to explore what more they can do.
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