Chris Temple On Line

This must be a fairly short little update to friends and interested parties one and all, as I must be at work on some appeal-related paperwork.  I’ll hope to be writing more regularly soon to let you all know how I’m doing, what’s new, etc. of course, I hope that will boon be from home!

NEARLY SIX MONTHS (AND COUNTING?)

            One good thing about my stay here at Federal Prison Camp, Duluth thus far is that the time has flown by.  As of February 26, I’ll have been here for six months already.

            Though we had a cold snap lasting about a week recently (where lows ranged from 20 to 30+ below zero) the winter has been warmer than the average for the Duluth area.  We do have a bunch of snow on the ground, though; in fact, the area saw more than double the usual accumulation in January.  As I write this, we’re having a heat wave of sorts, with highs getting back up into the 30’s.

            My time here so far has been a learning experience, and will no doubt continue to be one.  One of the many friends (and truly good men) I have met here refers to this place as “H.G.U. Duluth”, the H.G.U. standing for Holy Ghost University.  A prison stay is, to a great extent, what one makes of it; and already, I’ve been at work on bettering myself spiritually and physically.

            I’ve met many-and a great cross-section-of men here.  Some life friendships are being made; and not just for me, but as my family (which visits often) gets to meet other families as well.  One day I’ll have to write more on my observations.  But for now, suffice it to say that the LUNACY and EVIL of our federal government is in great evidence when you see many people locked up who have no business being in prison, and whose character is more true and noble than the average federal agent, prosecutor or judge.

THE BOOKER/FANFAN OPINIONS

            On January 12, the U.S. Supreme issued its long-awaited opinions in the consolidated cases of U.S. v. Booker and U.S. v. Fanfan.  These were two federal cases involving issues raised by the High Court’s June, 2004 decision in the case of Blakely v. Washington.  Elsewhere on this site, I’ve previously discussed Blakely. 

            As expected, the Supreme Court held the constitutional standard expressed in Blakely to the federal sentencing guidelines.  What this means is that a defendant cannot be punished for crimes 1.) Not proven to a jury beyond a reasonable doubt at trial, or 2.) Admitted by a defendant as part of a plea agreement.  Most Americans are still unaware that prosecutors over the years have regularly sought (and received) sentences from federal judges under the guidelines system for crimes or conduct that defendants had not been convicted of; and in some cases for crimes in which a jury had actually said not guilty!  Hopefully, this landmark decision will bring more truth in prosecution in the future.

            In a completely unexpected “Part 2” to the decision, the Supreme Court decided to make the previously mandatory guidelines advisory.  While it requires a LOT more time than I have here to explain how and why five justices did this (Justice Breyer’s contempt for the constitution as will as for trial by jury specifically is worthy of a future essay all by itself) suffice it to say for now that this part of the opinion should help most defendants in the future.

            As for my case, I will be arguing that the Booker affirmation confirms my argument at sentencing that the proper guideline range was 0-6 months based on my plea agreement (and not the 72 months the judge gave me).  Further, my plea agreement required the judge to follow this range in MY case; therefore- all the prodding by the Southern Poverty Law Center not withstanding- the judge was compelled to follow this range and does NOT have the “discretion” to raise it.

            There will be other issues raised in my appeal as well.  One concerns the district judge’s finding me guilty of being “associated” with a couple of different “extremist” groups, even though I

1.)    Was never charged with that

2.)     Didn’t plead guilty to it

3.)    Presented PROOF at sentencing that the government’s claim was false, something which

4.)    The government already knew. 

Yet, with Morris Dees of the SPLC working with the U.S. Attorney’s office and clearly wielding tremendous power (I’d STILL like to hear the allegedly conservative Bush Justice Department’s explanation for this) facts, common sense and justice didn’t matter.

THE FEDS’ “COMPLIMENT” OF YOURS TRULY

            The great and courageous syndicated columnist Joe Sobran has said (forgive me if this is not an exact quote) that the greatest compliment that a government can pay one of its citizens is to try to silence him.  In a sense, I’m honored that the government-inspired here, too, by Mr. Dees-is seeking to effectively render me silent (among other this, that means unable to repay investors I’ve not already repaid or started to) EVEN AFTER I’M OUT OF PRISON.  While I’m grateful for the compliment, I nevertheless intend to FIGHT LIKE HELL for what’s right!

            This is something I am also appealing, given that I never pled guilty to any charge with the knowledge that the government at sentencing would be imposing what I’ve termed its “scarlet letter” on me.  This punishment also, I contend, violated Blakely and Booker, is a violation of the plea agreement, and can be demonstrated to be an unprecedented punishment.  Oh, and I almost forgot the First Amendment; yet another thing the federal government (at least in my case) shares Mr. Dees’ hatred for.

            That’s all for now folks – I’ll be updating this as events and time allow!