Robert Wolffe plea agrement - continued

[Imalawman]

I agree, that it is still very much on the table that he will change his mind and screw himself totally. I have thought that its possible that his attorney talked some sense to him and told him that he could still be a "patriot", but still plead out and save quite a few years in prison. The best of both worlds. But like you said, anything could happen.

[webhick]

It probably hasn't been posted yet because they're trying to find a loophole to declare the plea invalid (per the post from Bud in the last thread where he quoted nhunderground).

Or it could just be that they don't want too many people to know that one of their stalwart kool aide drinkers has seen the light.

[wserra]

Okay, we have a news report that Robert Wolffe, an Ed Brown supporter and visitor to the Brown's place while they were evading capture, may have agred to a plea deal.

It's more than a news report - he really did. Allow me to repost from a thread that was locked due to . . . well, you know who you are.

Here is Wolffe's actual plea agreement.

A few interesting points:

(1) The factual recitation notes that Wolffe was observed with handguns on various occasions, but he was not charged with any weapons offenses. This omission avoids mandatory consecutive sentences. There are a couple of possible explanations. Perhaps the govt did not believe that his possession of them amounted to a violation of 18 USC 924(c), which does require a crime of violence (or drug offense) as a predicate. Others, however, are so charged on similar facts. Or maybe his cooperation was in the cards for some time, and the govt didn't want to bind its hands.

(2) He agrees to be sentenced within the Guidelines, which contain sizeable enhancements to base offense levels for weapons - unless he cooperates.

(3) There is a section expressly noting that the govt can release the provisions of (2) - if and only if he does cooperate.

(4) Wolffe acknowledges a possible maximum sentence of 6+5+42.5 years. He acknowledges that the 6 years could become 20 due to the weapons. Not that he would get it, but that's a good deal of time. I don't think the cooperation language is there for nothing.

Perhaps he fell back on his Army training and realized that sometimes a withdrawal and taking a tactical defeat (a few years in prison) is better than holding an untenable position and risking a strategic loss (a looooong prison term that would see him released sometime after his funeral)

And, frankly, if there are people who really do care about these guys, they would do well to reach this conclusion too. On several occasions, I have represented "freedom fighters", and have seen the damage that enablers do. The folks who egg such defendants on are doing them a tremendous disservice, from the comfort of their living rooms. Defendants who would be inclined to cut their losses don't do so because of the face they would lose among their misguided supporters. Hint to such defendants: after a couple of years in jail, you will be a distant memory to those folks, and your time will have barely begun.

[Imalawman]

Wes,

Can Wolfe change or revoke his plea now? I didn't think it was final yet.

[Nikki]

To highly simplify the issue, a plea does not take effect until the defendant speaks the word "guilty" (or the equivalent) in front of the Judge.

[wserra]

Can Wolfe change or revoke his plea now? I didn't think it was final yet.

The docket shows that Wolffe entered the guilty plea this past Tuesday (1-22-08). While not as final as if sentence had been imposed, it's final enough. The plea can only be withdrawn for specific reasons and with the Court's permission, which is rarely granted.

Edit: what kind of retarded system autocorrects to smileys?

Re-Edit: Thanks, Demo.