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Thu Jul 15, 2021, 12:19 PM

U.S. seeks prison term for first felony defendant to be sentenced in Capitol breach...

Source: Washington Post/MSN

U.S. seeks prison term for first felony defendant to be sentenced in Capitol breach, citing domestic terror threat

Spencer Hsu 2 hrs ago

U.S. prosecutors on Wednesday urged a federal judge to impose an 18-month prison term on the first defendant to face sentencing for a felony in the Jan. 6 Capitol breach, citing the need to deter domestic terrorism.

"The need to deter others is especially strong in cases involving domestic terrorism, which the breach of the Capitol certainly was," Special Assistant U.S. Attorney Mona Sedky said in a government sentencing request for Tampa crane operator Paul Allard Hodgkins, 38, who carried a Trump flag into the well of the Senate.

The court filing marked one of the Justice Department's bluntest statements to date of its view of the Capitol breach, in which members of a mob supporting President Donald Trump stormed barricades, assaulted nearly 140 police officers, and forced the evacuation of a joint session of Congress meeting to confirm the results of the 2020 election.

Hodgkins's sentencing, scheduled for Monday, could set the bar for what punishment 100 or more defendants might expect to face as they weigh whether to accept plea offers by prosecutors or take their chances at a trial by jury.

Read more: https://www.msn.com/en-us/news/us/us-seeks-prison-term-for-first-felony-defendant-to-be-sentenced-in-capitol-breach-citing-domestic-terror-threat/ar-AAMbWba



NO PAYWALL






A video still from surveillance inside the Senate Chamber shows Paul Allard Hodgkins, carrying a flag and wearing a Trump shirt, standing in front of the Senate dais. (U.S Attorney’s Office for Washington)

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Reply U.S. seeks prison term for first felony defendant to be sentenced in Capitol breach... (Original post)
DonViejo Jul 2021 OP
underpants Jul 2021 #1
GregariousGroundhog Jul 2021 #5
underpants Jul 2021 #10
COL Mustard Jul 2021 #25
nykym Jul 2021 #27
LifeLongDemocratic Jul 2021 #2
Escurumbele Jul 2021 #7
RockRaven Jul 2021 #3
Hugh_Lebowski Jul 2021 #4
underpants Jul 2021 #11
ancianita Jul 2021 #24
JT45242 Jul 2021 #6
iluvtennis Jul 2021 #8
mpcamb Jul 2021 #12
former9thward Jul 2021 #16
mpcamb Jul 2021 #17
obamanut2012 Jul 2021 #20
bucolic_frolic Jul 2021 #9
iluvtennis Jul 2021 #13
old guy Jul 2021 #14
usaf-vet Jul 2021 #21
turbinetree Jul 2021 #22
clementine613 Jul 2021 #15
turbinetree Jul 2021 #23
Mr. Ected Jul 2021 #18
erronis Jul 2021 #19
marble falls Jul 2021 #26
IbogaProject Jul 2021 #28
ck4829 Jul 2021 #29
Deminpenn Jul 2021 #30
Deminpenn Jul 2021 #31

Response to DonViejo (Original post)

Thu Jul 15, 2021, 12:21 PM

1. 18 months in Fed sentencing equates to....why?

With time served and a probable early release?

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Response to underpants (Reply #1)

Thu Jul 15, 2021, 12:52 PM

5. This defendant will be eligible for up to 70 days of good time

The Sentencing Reform Act of 1984 requires federal prisoners to serve at least 85% of their term of imprisonment. The Bureau of Prisons calculates good time on days actually served and not on number of days sentenced, so prisoners actually end up serving a bit over 87% of the sentence. That will be just under 16 months in this case.

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Response to GregariousGroundhog (Reply #5)

Thu Jul 15, 2021, 01:28 PM

10. Ok. Thanks

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Response to underpants (Reply #1)

Thu Jul 15, 2021, 08:26 PM

25. At Least He's A Felon

So at least he'll lose his voting rights and gun rights. Good.

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Response to COL Mustard (Reply #25)

Fri Jul 16, 2021, 10:37 AM

27. And we need to check up on these patriots

when the midterms come around to make sure they do not vote.

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Response to DonViejo (Original post)

Thu Jul 15, 2021, 12:24 PM

2. Give them a choice

 

I think they should treat these people like Benedict Arnold. Arnold ended up back in Britain. They should tell these traitors if they don't want to go to prison that they will be stripped of their US citizenship and sent to Russia to live out their days. Putin will gladly take these traitors.

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Response to LifeLongDemocratic (Reply #2)

Thu Jul 15, 2021, 12:58 PM

7. I don't think Putin will gladly take this traitors, but we shouldn't either.

18 months seems to be a very short time for treason. I thought treason was punishable by, at least, life in prison, or worse.

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Response to DonViejo (Original post)

Thu Jul 15, 2021, 12:43 PM

3. 18 months is the midpoint of the sentencing guideline for this charge in this circumstance.

Strait-shooting, by the book, etc. request on the part of the prosecutors.

This one felony count, no criminal record, sentencing guideline says 15-21 months.

There's no downward departure for cooperation, because while he pleaded guilty he did not provide the feds with testimony or evidence about anyone else. And there's no upward enhancement either, such as for belonging to a terrorist/extremist group.

It would be a big deal if the judge comes through with 18 months though, because the early cases will set benchmarks which other judges will be aware of, even if they are not bound by them. If guys like this one get 18 months, then the really bad actors who injured cops and brought weapons and trained/conspired with a domestic terrorist group could get some serious prison time -- which would be great.

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Response to RockRaven (Reply #3)

Thu Jul 15, 2021, 12:49 PM

4. Good info thx mate! (nt)

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Response to RockRaven (Reply #3)

Thu Jul 15, 2021, 01:29 PM

11. 👍 Thanks

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Response to RockRaven (Reply #3)

Thu Jul 15, 2021, 06:01 PM

24. Thank you.

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Response to DonViejo (Original post)

Thu Jul 15, 2021, 12:55 PM

6. if it was domestic terrorism then use that in the charges/sentencing

I have said many times it is in the statutes that domestic terrorism allows prosecutor to have all sentences served consecutively. If they are going to say that it is -- then back it up. He didn't roll on higher ups so make an example of this moron and go after the big dogs. Should not be hard to get to the co-conspirators in the House and Senate if they use the big sticks in their arsenal.

I am also disheartened that these folks aren't all being charged with the felony murder of Ashli the idiot.

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Response to DonViejo (Original post)

Thu Jul 15, 2021, 01:26 PM

8. In my opinion, 18 months is not enough. But since that's what the sentencing guidelines call for,

I'll take it.

I have no sympathy for these insurrectionists.

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Response to iluvtennis (Reply #8)

Thu Jul 15, 2021, 01:30 PM

12. Clearly, they shouldn't be allowed guns. The charge is treason; no guns.

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Response to mpcamb (Reply #12)

Thu Jul 15, 2021, 02:23 PM

16. No one is charged with treason.

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Response to former9thward (Reply #16)

Thu Jul 15, 2021, 02:49 PM

17. The 50s description of communists was advocating the violent over of the US govt.This fills the bill

If treason's not in the charges, it should be.

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Response to mpcamb (Reply #17)

Thu Jul 15, 2021, 03:41 PM

20. This in no way fits treason, which is very narrow

January 6 was not treason.

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Response to DonViejo (Original post)

Thu Jul 15, 2021, 01:26 PM

9. Somehow these conservatives don't look or behave like conservatives

Tagging them as traitors or terrorists is a political hot potato. Jury trial can go the wrong way, harsh punishment can spark outrage. So deterrence is a middle ground. But I would like to see substantial fines. $2500 is not a fine, it's a slap on the wrist. 10k should be a min, and most ought to be double that and ramp up rapidly. It impacts their lives? Awwww. What about the impact on the country of this rabble?

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Response to bucolic_frolic (Reply #9)

Thu Jul 15, 2021, 01:33 PM

13. Excellent idea on the fines and add community service to it. n/t

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Response to DonViejo (Original post)

Thu Jul 15, 2021, 02:04 PM

14. $2500 fine?

How much tax money was spent prosecuting this POS. Looks like a sweetheart deal to me. Domestic terrorism, not a problem. This kind of crap just reinforces my contempt for what our justice system has become.

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Response to old guy (Reply #14)

Thu Jul 15, 2021, 04:11 PM

21. Regarding a fine. let's take the total cost of damage / repairs and divide it by the number of......

..... arrested and found guilty of entering the building period. Whatever the cost per person treat it like a STUDENT LOAN DEBT if it takes 25 years to pay it off that is no worse than what it takes students to pay off their loans.

Why should those of us who DID NOT break into the Capitol have to pay one red cent to repair it?

It will also give them a TASTE of what it feels like to be BURDEN by student loans. Student loan debt is the next economic bubble to break and bring about another possible recession. Like the tech bust and the home loan scam bust.

https://educationdata.org/student-loan-debt-economic-impact#:~:text=Economic%20Effects%20of%20Student%20Loan%20Debt&text=Report%20Highlights.,student%20loan%20debt%20grew%203.5%25.

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Response to usaf-vet (Reply #21)

Thu Jul 15, 2021, 04:29 PM

22. Agreed .....

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Response to DonViejo (Original post)

Thu Jul 15, 2021, 02:18 PM

15. 18 months? 180 years would be more appropriate.

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Response to clementine613 (Reply #15)

Thu Jul 15, 2021, 04:36 PM

23. I think they should be brought to a public sqaure and be placed in stocks and have sign below their

name with word traitor, and then kick them out of the country's and lose there "citizenship"...

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Response to DonViejo (Original post)

Thu Jul 15, 2021, 02:50 PM

18. Imagine a world where Trump openly rigs and wins the election in 2024

And millions of Democrats take to the streets, peacefully, to protest the fascist takeover of our country.

The President calls upon the National Guard, the Capitol police, and perhaps even the armed forces, to arrest and imprison the protestors, citing the events of 1/6 as their precedent for punishing the protestors

Obviously, the 1/6 protestors went a helluva lot further than that, but fascists have a way of successfully telling half truths to half wits.

Sometimes I think we only go halfway with our justice because we know that the other side will distort the results and use them against us in the future.

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Response to Mr. Ected (Reply #18)

Thu Jul 15, 2021, 03:35 PM

19. And do we think trumpfuhrer's new DOJ will give 18 months sentences?

Let alone a real trial?

Probably not even "re-education camps" or gulags.

Why waste the fuel on over-the-ocean dumps of these rebellious democrats?

The neo-repuqlican fascists do have a lot of weaponry and millions of rounds of killing lead. Just need a national park to do ditch the bodies.

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Response to DonViejo (Original post)

Fri Jul 16, 2021, 12:15 AM

26. I have a bid for 24 months, do I hear 36 months?!?

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Response to DonViejo (Original post)

Sat Jul 17, 2021, 10:55 PM

28. How long post release supervision?

How long post release supervision?

I hope is post release supervision is many years of him being subject to search, reporting his income and employment and staying sober.

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Response to DonViejo (Original post)

Mon Jul 19, 2021, 05:41 AM

29. K&R

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Response to DonViejo (Original post)

Mon Jul 19, 2021, 06:42 AM

30. This is an appropriate sentencing request, but jmho

A year and a half in jail is a long time. But the real punishment will come after he's released when he has to list criminal convictions on his employment applications and finds that alone is a disqualifier for many jobs.

I agree with the prosecutor that these rioters have to see time in prison and to set a floor for the real bad actors on Jan 6th.

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Response to DonViejo (Original post)

Mon Jul 19, 2021, 04:34 PM

31. He was sentenced to 8 months in prison

I'm ok with this as he has no previous record and did not assault anyone or cause any damage. But whether or not the rioters were passive and just swept up in the moment or heavily involved in the planning and destruction, all should be spending some time in jail for their actions.

It's appropriate that they have a felony conviction to follow them the rest of their lives and the consequences that attach to it.

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