Brown supporters sentencing

[Dezcad]

Just wondered over to the NH Underground forum

Somebody named Keith in RI chimes in.......

"joe just called me and the sentening is over for bob and jason. he tells me bob got 30 months on each charge but not sure if it is concurrent or consecutive, and then supervised probation after that. and jason was sentenced to 72 months on count 1, counts 2 and 3 he received a sentence of 60 months each but they will run together but not with the time from count one. and on count four he received 108 months to run with both the first and second and third charges. that brings his total to 132 months which is 11 years! he is 22. i think you must do 85-90 percent of federal time as there is no parole and with the approximately 11 months hes already served he will probably get out in about 9-9 1/2 years from now..... he'll be about 32 years old.
dannys sentencing was set for tommorow but we think it was delayed due to the courts ordering him to undergo a psych evaluation before he gets sent away for life!
joe tells me jason read a statement in court saying that he was carrying out article 10 which wasnt only a right but required him to do something about it all and the judge hinted that treason is punishable by death saying the severe sentence was to promote respect of the law i believe, but like i said this is third hand info as i wasnt there........ maybe if someone else was actually there or joe when you get online you could retell the story??"

My question then is Mr. Gebhard looking at 11 yrs or 20yrs?

Add the bold numbers together and you get 240 months, so the discrepancy is whether the 108 months on Count 4 is concurrent to the sentences on Counts 1, 2 and 3 or consecutive.

Joe's version says it is concurrent but Demo's information is that it was consecutive. We'll find out exactly which is correct, soon enough.

[1 of Them]

I knew where the 132 and 240 months were coming from. We just need to know concurrently or consecutively on Count 4. That's an extra 9 yrs this guy's looking at over one tiny word. Ouch!!

[Demosthenes]

Mrs. Wolffe, you holding up out there?

[SheWolffe]

Several jokes run through my mind, but I will cut Mrs. W some slack today.

Thanks Captain.

Mrs. Wolffe, you holding up out there?

Yes, a couple tissues and a 18 pound tabby cat can be very therapeutic.

I see Joe H is attempting to play lawyer again. No surprises there. He is a boob.

Bob's lawyer called, Bob sentence - 30 months. Period. Less 11 served is 19 and 85% of that is 16.25. So feasibly w/good behavior be placed in a half way house in 7 - 8 months.

I should be grateful.

[Famspear]

Several jokes run through my mind, but I will cut Mrs. W some slack today.

Thanks Captain.

Mrs. Wolffe, you holding up out there?

Yes, a couple tissues and a 18 pound tabby cat can be very therapeutic.

I see Joe H is attempting to play lawyer again. No surprises there. He is a boob.

Bob's lawyer called, Bob sentence - 30 months. Period. Less 11 served is 19 and 85% of that is 16.25. So feasibly w/good behavior be placed in a half way house in 7 - 8 months.

I should be grateful.

Well, best wishes to you and your family.

[Demosthenes]

Mrs. W, since Bob is now going to be transferred to the federal prison system, you might want to look into some of the more practical support groups online for people with loved ones in prison.

http://www.prisontalk.com/forums/

The advice you receive in such forums may save you from an all new learning curve on dealing with everything from phone calls and visitation to preparing for Bob to come home.

[SheWolffe]

Mrs. W, since Bob is now going to be transferred to the federal prison system, you might want to look into some of the more practical support groups online for people with loved ones in prison.

Thank you for the link Demosthenes.

[Demosthenes]

Supporters of NH tax evaders sentenced
Associated Press - July 31, 2008 5:35 PM ET

CONCORD, N.H. (AP) - A New York man who was found guilty of helping Plainfield, New Hampshire tax evaders Ed and Elaine Brown has been sentenced in federal court to 20 years in prison.

Twenty-2-year-old Jason Gerhard of Brookhaven, N.Y., was convicted of helping the Browns escape capture and brought them guns to prolong a standoff with authorities last year. He was found guilty of 2 counts of conspiracy to impede federal agents, accessory after the fact and possessing or carrying weapons in connection with a crime of violence.

Another supporter, Robert Wolffe of Randolph, Vt., was sentenced to 30 months in prison Thursday. He had pleaded guilty to conspiracy and accessory charges similar to Gerhard's.

Wolffe had cooperated with prosecutors and testified at Gerhard's trial.

[Dr. Caligari]

Bob's lawyer called, Bob sentence - 30 months. Period. Less 11 served is 19 and 85% of that is 16.25. So feasibly w/good behavior be placed in a half way house in 7 - 8 months.

I should be grateful.

I know a 30 month sentence doesn't seem like much to be "grateful" for, but you should be grateful that Bob, once he was arrested, wisely chose to do whatever he could to minimize his troubles, unlike his co-defendants who are still trying as hard as they can to make things worse for themselves. If Bob gets into a halfway house in under a year, that will be truly something to be grateful for, considering the alternatives.

For what it's worth, my best wishes to you and your family in a difficult time.

[SheWolffe]

I know a 30 month sentence doesn't seem like much to be "grateful" for, but you should be grateful that Bob, once he was arrested, wisely chose to do whatever he could to minimize his troubles, unlike his co-defendants who are still trying as hard as they can to make things worse for themselves. If Bob gets into a halfway house in under a year, that will be truly something to be grateful for, considering the alternatives.

For what it's worth, my best wishes to you and your family in a difficult time.

Oh I am grateful, believe me and thank you for your message. Things could have been much worse for him. But now I can finally see an end in sight, and that is something to be grateful for.

[Dr. Caligari]

Demo, are you planning to update the Red Crayons blog?

[wserra]

Scoop's article wraps it up.

It also confirms the criminal defense lawyer adage that a fool and his freedom are soon parted.

Jason Gerhard, 22, of Brookhaven, N.Y., was sentenced to nearly 10 years more than the federal sentencing guidelines recommended, after he told the judge that he felt "disgust" for the court's process and did not believe he had done anything wrong.

"This is a kangaroo court," Gerhard said, when he was offered an opportunity to speak on his own behalf. "How could anyone with half a brain think of imprisoning me for exercising my constitutional rights?"
...
Judge George Singal, who presided over the case, said he weighed Gerhard's young age as he determined an appropriate sentence. Singal said he understood that people can be "young and stupid." But he said he changed his mind about Gerhard after hearing the defendant speak in court.

"Unfortunately, this defendant is now 22 and displays the same worrisome tendencies that he displayed without that weight of years," Singal said. "This defendant displays an intent to continue his conduct and endanger the community."

It seems hard to argue with that.

And, as Demo posted yesterday, Wolffe himself almost blew it:

During his statement to the judge, Wolffe argued that he had never been complicit in the construction of bombs, even though he had delivered some parts to the house. Though Wolffe said he was attracted to the Browns' resistance to federal authority, he said he never wished to harm agents.

"I never felt that I was outside my constitutional rights," he said. "I believe resistance to domestic tyranny is what the fight for freedom is all about."

Both Huftalen and Singal seemed surprised by Wolffe's words, which minimized his involvement in crimes he had already admitted to committing.
...
Singal said he found Wolffe's court statements troubling.

"Listening to you, I became concerned that you just don't get it," Singal said, before outlining the possibility of violence and death posed by the Brown standoff.

But Singal still agreed to impose a significantly reduced sentence because of Wolffe's cooperation.

As I've posted before, cooperation is the sine qua non of getting off as lightly as possible in federal sentencing. Still, there's always the Schiller factor. He was lucky.

[.]

"Listening to you, I became concerned that you just don't get it," Singal said

No kidding. Wolffe obviously doesn't get it and probably never will. His wife would probably be better off if Singal had locked him up and thrown away the key.

[ErsatzAnatchist]

Back in the day when I did a little Fed. criminal defense work, I made sure my clients understood that their opportunity to speak before sentencing should be focused on the following:

1) How stupid and foolish you are.
2) How you understand that you are solely responsible for your actions leading up to your arrest, etc....
3) How sorry you are to have done what you have done, and how sorry you hare that your actions have effected your family, friends and loved ones.
4) Repeat that you are responsible for your own stupidity and are sorry.
5) Shut up and sit down.

Jason clearly did not get it. Wolfe dodged a bullet.

Good luck SheWolfe. The next year and a-half will pass and your lives will go on.

[SheWolffe]

"Listening to you, I became concerned that you just don't get it," Singal said

No kidding. Wolffe obviously doesn't get it and probably never will. His wife would probably be better off if Singal had locked him up and thrown away the key.

Nobody is perfect, Mr. Dot. Not even the guy who stepped into the biggest pile of dog poop ever.
*******************
Thank you, ErsatzAnatchist for your genuine concern

[ErsatzAnatchist]

Bob's lawyer called, Bob sentence - 30 months. Period. Less 11 served is 19 and 85% of that is 16.25. So feasibly w/good behavior be placed in a half way house in 7 - 8 months.

I disagree with your math. I think (but could be very wrong) that the good time comes off the entire sentence, including pre-trial detention. In that case, the sentence is 30 months, less 4.5 months for good time, less 11 months served to date, will get a release date of 14.5 months.

[SheWolffe]

I disagree with your math. I think (but could be very wrong) that the good time comes off the entire sentence, including pre-trial detention. In that case, the sentence is 30 months, less 4.5 months for good time, less 11 months served to date, will get a release date of 14.5 months.

Yes, I know. I sure posted that prematurely......and I used a calculator. However the math works, (and I'm sure yours is more accurate) Bob's lawyer said 7 - 8 months to get him into a half way house. I will believe it when it happens.

I was right when I surmised he might be home for Thanksgiving 2009? Come in the door, royally stuff his bird, then help the missus prepare the turkey.

...funny guy. ....Hmmm....sort of what I had in mind too.

[Demosthenes]

Assuming the judge is consistent with how he sentenced Jason, it looks like Reno is facing a possible prison sentence of 60 months (Jason got 60 months for counts 2 and 3, served concurrently.)

Reno's prison interviews, and his attempt to talk to the jury without being sworn in may even bump that sentence even higher.

[Demosthenes]

Demo, are you planning to update the Red Crayons blog?

I wrote it up last night.

http://www.redcrayons.net

[grixit]

I just read that post:

[quote='Demo']There have been no announcements of additional supporter trials, although I counted some guns in the ATF video that weren’t among those brought by Reno, Jason, and Danny, and the government all but promised additional charges during the criminal trial for the first four supporters.[/quote]

Well remember all those months we wondered if the feds were actually working the case or just waiting for Ed to accidently blow himself up or get killed in a meat fight? Then they dropped the hammer. So just because nothing happens for another year doesn't mean there won't be new charges.

And BTW, is Operation Werewolf, er i mean Ed's revenge hit list, still active?