Hendrickson Resentencing Rescheduled

[Imalawman]

So, which do you think it is? That Jack H. is lying or that Pete is? My money is on Pete.

I don't think so.

I agree with you.

Yikes! Jack might be in for a worse day than Pete. He's basically saying he falsified an affidavit before the court.

I want to say that I spoke out of turn with regard to Pete and should have waited for his response. However, to

[Dr. Caligari]

I must confess I didn't forsee this turn of events. It looks like Jack has some explaining to do...

[wserra]

It appears that resentencing is still on for tomorrow at 3:00 PM. You gonna be there, Gregg?

[Gregg]

Nah, couldn't get away or find an excuse to be in Dearborn.

[notorial dissent]

Pity, I bet this is going to be better than vaudeville.

It will be interesting to see whose tap dance routine turns out to be the better in this little exhibition. I'll bet the AUSA is really looking forward to this one, since he'll have ringside seats and not have to do anything, except not snicker too loudly or much.

[The Observer]

Presuming that Jack has lied, is this going to effect Pete's resentencing in the least? Or is this question premature?

[Imalawman]

Presuming that Jack has lied, is this going to effect Pete's resentencing in the least? Or is this question premature?

Well, I think the trouble is that Jack is now saying the motion and/or the affidavit are not true. Pete was instrumental in drafting these documents and if the court finds that documents to be false - even though Pete didn't sign them (or at least the affidavit) the judge make deem it to be a concerted effort to "pull a fast one". Thus, my response with the facts as they appear right now is, yes, Pete sentencing will be affected by it - but to a far less degree than if Pete had committed an outright fraud.

[notorial dissent]

I agree, I think a lot of what is going to happen depends on what the judge decided happened here, and who actually did what, and how ticked off he is by it all. I still think Pete has only made his position worse, regardless of what he did or didn't rope his brother in to, the only question now is how big of a mess is his brother in because of this.

[The Observer]

Pete was instrumental in drafting these documents and if the court finds that documents to be false - even though Pete didn't sign them (or at least the affidavit) the judge make deem it to be a concerted effort to "pull a fast one"

I think you captured the essence of what my question was really about. My belief (sans definite evidence) is that Pete was the prime mover of this motion and that Jack went along with it out of stupidity (did I mention they are idiots?). If that belief is correct, I would think that the judge is not going to let Pete off the hook, regardless of Jack signing and filing the motion on behalf of Pete.

Of course proving that Pete was the initiator of this travesty may be somewhat difficult.

[Famspear]

Ah, the Magical Bewitching Hour is upon us.

Meanhile, today Judge Rosen denied a motion by Preposterous Petey for reconsideration of the District Court's earlier ruling denying Pete's motion for disqualification of the judge, etc.

Also, it appears that Pete filed a petition for writ of certiorari with the United States Supreme Court on May 2, 2012. The petition has been docketed, and the case number at the Supreme Court is 11-1345.

[Dezcad]

05/15/2012 Minute Entry for proceedings held before District Judge Gerald E. Rosen: Resentencing held as to Peter Hendrickson. Disposition: The Court inquired and the defendant acknowledged that he no longer wished to pursue his claim of bias and disqualification of Judge Rosen and wished to proceed with the Resentencing. The Court also addressed with all parties the issues surrounding the Court's Order To Show Cause. After hearing from counsel, the Show Cause was Vacated by the Court. Attorney Randall Roberts made an oral motion to allow Jack R. Hendrickson to withdraw as an attorney of record, the motion was Granted, counsel is to submit order. Defendant was resentenced to 27 months custody, all other terms of the sentence remain as previously imposed. Government's Motion for upward departure was Denied. Defense counsel's request to seal Exhibit of his Sentencing Memorandum was Granted. (Court Reporter: Carol Sapala) (Defendant Attorney: Mark E. Cedrone; Harold Z. Gurewitz) (AUSA: Mark R. Daly)(Attorney for Jack Hendrickson: Randall Roberts) (RGun) (Entered: 05/16/2012)

[LPC]

Boring.

[Imalawman]

05/15/2012 Minute Entry for proceedings held before District Judge Gerald E. Rosen: Resentencing held as to Peter Hendrickson. Disposition: The Court inquired and the defendant acknowledged that he no longer wished to pursue his claim of bias and disqualification of Judge Rosen and wished to proceed with the Resentencing. The Court also addressed with all parties the issues surrounding the Court's Order To Show Cause. After hearing from counsel, the Show Cause was Vacated by the Court. Attorney Randall Roberts made an oral motion to allow Jack R. Hendrickson to withdraw as an attorney of record, the motion was Granted, counsel is to submit order. Defendant was resentenced to 27 months custody, all other terms of the sentence remain as previously imposed. Government's Motion for upward departure was Denied. Defense counsel's request to seal Exhibit of his Sentencing Memorandum was Granted. (Court Reporter: Carol Sapala) (Defendant Attorney: Mark E. Cedrone; Harold Z. Gurewitz) (AUSA: Mark R. Daly)(Attorney for Jack Hendrickson: Randall Roberts) (RGun) (Entered: 05/16/2012)

Ok...not what I expected. Apparently the Court didn't want to waste anymore time on this case.

[The Observer]

Apparently the Court didn't want to waste anymore time on this case.

That's how I see it. I guess the judge was satisfied with getting Jack out of the courtroom permanently.

[LPC]

Defendant was resentenced to 27 months custody, all other terms of the sentence remain as previously imposed.

Hendrickson was originally sentenced to 33 months, and the BOP had his projected release date as 11/18/2012. Subtracting 6 months from a 11/18/2012 release date would his release date no later than 5/18, which is Friday. (I expect that the recalculation of time off for good behavior would make his release date before that.)

So is it time for the government to start pursuing that civil contempt finding in the erroneous refund case?

And is it time to start taking a poll on who will be the first heretic to be expelled from the Lost Horizons forum once Petey is back at the helm?

[wserra]

I see that Jack had a lawyer. This may not be over as to him.

[Gregg]

And is it time to start taking a poll on who will be the first heretic to be expelled from the Lost Horizons forum once Petey is back at the helm?

Harvester

[Famspear]

Defendant was resentenced to 27 months custody, all other terms of the sentence remain as previously imposed.

Hendrickson was originally sentenced to 33 months, and the BOP had his projected release date as 11/18/2012. Subtracting 6 months from a 11/18/2012 release date would his release date no later than 5/18, which is Friday. (I expect that the recalculation of time off for good behavior would make his release date before that.) ......

I'm not conversant with the federal sentencing rules, but I computed the release date as being about May 27th or 28th.

I figured it as follows: A 27 month sentence. I was thinking that in federal cases, you're supposed to serve at least 85% of the sentence, So, 85% of 27 months would be 22.95 months, or 22 months plus about 28 or 29 days, depending on how you round (or truncate), and how you figure a "month."

He went into prison on June 29, 2010. So, 22 months from that date would be April 29, 2012. Add 28 days or 29 days, that would be about May 27th or May 28th.

I have no idea whether that's the way it's supposed to be computed, though.

I want to hope that people who make mistakes learn the right lessons from their experiences. In the case of Pete and Doreen Hendrickson, I would like to have that hope. However, and unfortunately, in this case I doubt that my hope would be well-founded.

[ashlynne39]

Let's say he is released fairly soon. Any bets on how soon he will be back in prison for his next round of crackheadedness?

[Gregg]

Let's say he is released fairly soon. Any bets on how soon he will be back in prison for his next round of crackheadedness?

The over/under is 19 months.