United States v. Hammond, No.
12-30337 (2-7-14)(Murphy, D.J., with Tallman and Bea).
The 9th
reversed sentences as being below the statutory minimum, and found no implied
waiver of appeal by the government in the plea agreement. The defendants were convicted of maliciously
damaging real property (wildfires) in violation of 18 USC 844(f)(1). The defendants had started various fires on
their private land. The fires supposedly were started to possibly kill off
invasive species, or back burn a natural fire.
They however did spread onto public land and got out of control. There had been other instances too. The convictions carried a stat minimum of
five years. At trial, the jury came back
with some verdicts, and hung on others.
An oral plea agreement was reached where the defendants took the
verdicts as rendered, waived appeal rights (except for IAC claims), and the
sentences would run concurrent. At
sentencing, the district court sentenced to far below the 5 year minimum,
citing 8th amendment concerns. The 9th
found the sentences of 5 years not grossly disproportionate to the dangers of
arson. Congress was within its rights
and power to enact a 5 year minimum for such an offense. Moreover, there was no implied waiver of
government appeal rights in the plea.
The sentence is vacated and the case is remanded.
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