Brown supporter trial - verdict and sentencing

[jcolvin2]

Reno was found guilty on one of the conspiracy counts and accessory after the fact. The jury hung on the other two counts and the judge declared a mistrial.

If the government decides not to retry him on the other two counts (which seems entirely possible to me), could the judge nevertheless take the possession of weapons into account in sentencing?

Reno admitted carrying around a gun while at the Browns, so it wasn't exactly a disputed fact.

With respect to most sentencing guideline issues, the parties only need prove the adjustment by a "preponderance" of the evidence (not "beyond a reasonable doubt" or "by clear and convincing evidence"). To the extent that the conduct was "relevant conduct" for purposes of the sentencing guidelines for the guilty count, the judge can take into account conduct with respect to which the jury hung, or even conduct with respect to which the jury gave an acquittal. The rationale is that the jury was applying a higher standard (beyond a reasonable doubt) than the judge applies at sentencing (preponderance).

[Dr. Caligari]

If the government decides not to retry him on the other two counts (which seems entirely possible to me), could the judge nevertheless take the possession of weapons into account in sentencing?

Reno admitted carrying around a gun while at the Browns, so it wasn't exactly a disputed fact.

Reno cannot be sentenced to more than the statutory maximum sentence on the two counts he was convicted of. However, in determining his sentence within that maximum, current precedent (which I personally don't agree with, but that's neither here nor there) says that the judge can consider any conduct which he, personally (not the jury), thinks was proven at trial by a preponderance of the evidence (not beyond a reasonable doubt).

[darling]

Any person in possession of a pic of Scoop, or a link thereto, shall post same immediately or be subject to the contempt powers of this court.

It is so ordered.


/s/ The Lawdog
District Judge for the State of Quatloos
Calaveras County

I'm late to the party, and I'll probably get told off for ruining the mystique, but...



The lass on the right. Maybe.

(From this page, here. And no, I don't have better things to do.)

[Nikki]

Seems like someone is looking to overthrow Demo as the Grand Purveyor of Arcane Knowledge and Single-Hit Google Searches

[darling]

Seems like someone is looking to overthrow Demo as the Grand Purveyor of Arcane Knowledge and Single-Hit Google Searches

I could never come close, not even in my wildest dreams.

And they can get pretty wild, y'know. Did I tell you about the time I dreamt I met Bob Dylan? Of course not, we've hardly just met. So there I was, face to face with the greatest living American poet, rock God, Traveling Wilbury, godawful singer, folk hero and legend.

And I said to him, "Bob, the weather's getting a little cold. Have you turned your central heating on yet?"

That's why I could never begin to approach Demo's greatness.

[Imalawman]

does anyone know how much jail time the Brown Four are looking at based on their guilty plea/verdict?

[Scoop]

does anyone know how much jail time the Brown Four are looking at based on their guilty plea/verdict?

The short answer is no.

As I understand it, the weapons/device sentences are pretty clear cut. Gerhard is looking at mandatory minimum 5 years and Riley is looking at mandatory minimum 30 years. I believe those sentences are required to run consecutively with any other sentences. The other charges, particularly the accessory after the fact, are difficult to estimate. When he testified, Robert Wolffe told jurors that he was expecting a sentence anywhere from 8 months and 52.5 years.

[wserra]

I think we can come a little closer than that. I just don't have time to run the Guidelines right now. Maybe I can shame somebody else into doing it.

Dr. Caligari? LAProsecutor?

[Imalawman]

I think we can come a little closer than that. I just don't have time to run the Guidelines right now. Maybe I can shame somebody else into doing it.

Dr. Caligari? LAProsecutor?

Well, I did some quick research. The conspiracy charges are a little hard to predict for someone that does not do any fed criminal law. Those sentences could vary quite a bit it would appear. The accessory after the fact charge is likewise hard to predict because the base level is only 4, but the max is 30, so its going to hard to tell where in that span the defendants will fall.

The weapons charges do look like they will be 5 yr. minimums, except that there is 4 point increase in level of offense for the serial number being removed. Which in this case it was, and thus it could add some substantive time to the sentence. The explosives charges will as said before be around the 30 year mark. So I stick to my ranges so far posted on red crayons, with some adjustments now having looked at the guidelines - 35 - 42 years for Riley, 12 - 17 years for Jason, and 6-10 for Reno. Reno did get very fortunate by missing out on the biggie charges. I wouldn't be surprised if he's charged again when they try Ed and Elaine. That wouldn't be good for Reno to be lumped in with those two.

[Dr. Caligari]

The Guideline range for accessory after the fact depends on the offense level of the principal (Ed & Elaine). I don't know what their guideline level was, so I can't begin to compute the range for these guys.

I generally agree with what's been predicted for Danny and Jason, because they're facing mandatory minimums for firearms/ explosives. But I have no idea what Reno is facing.

[ErsatzAnatchist]

Would the accessory after the fact guideline be based upon the tax related charges or the refusal to surrender/standoff uncharged conduct? This could make a huge difference. Also, is the PSR sealed or is it just not filed on the docket. Dogwalker may post his on the internet.

[Scoop]

Would the accessory after the fact guideline be based upon the tax related charges or the refusal to surrender/standoff uncharged conduct? This could make a huge difference.

My understanding is that it's based on the tax-related charges, since that's the crime these guys were accessory to. If you did the math on those, the total maximum penalties were absurdly high, but the actual sentences the Browns got were 63-months.

[Judge Roy Bean]

...So there I was, face to face with the greatest living American poet, rock God, Traveling Wilbury, godawful singer, folk hero and legend...

Anyone who claims to be able to interpret Subterranean Homesick Blues please turn in any professional credentials and don't mess around with anything flammable while others are within range.

[webhick]

Anyone who claims to be able to interpret Subterranean Homesick Blues please turn in any professional credentials and don't mess around with anything flammable while others are within range.

Is that a dare?

[Gregg]

I had also seen that picture of Scoop, it's where I found out she was a Yalie. And she had such promise.
Wait till the patriot movement finds out she went to a CIA enclave.... :ninja:

[grixit]

Anyone who claims to be able to interpret Subterranean Homesick Blues please turn in any professional credentials and don't mess around with anything flammable while others are within range.

The words are coded instructions on how to use the map on the back of the original manuscript.