[clue-talk] The War On...?

Charles Oriez coriez at oriez.org
Wed Dec 29 14:47:58 MST 2004


At 02:22 PM 12/29/2004, Timothy Klein wrote:
>But in this issue, there is no civil disobedience.  But, it is also 
>patently ludicrous that a crime  which caused no physical harm, (and in 
>all likelihood fairly minimal actual monetary loss: the numbers bandied 
>about for copyright holder losses are completely fanciful), should have 
>the potential for such a long sentence.  There is one reason for this:
>bought and paid for legislation.

IANAL

There was an interesting supreme court ruling a few days ago. if the BSA 
comes in with information that extends the sentence due to extraordinary 
circumstances AFTER the guilty plea and without a finding of the facts by 
the jury / judge, those facts can't be used to extend the sentence.  I'm 
thinking that there is a connection between that ruling and the facts in 
this case.

Time will tell



-- 
Charles Oriez     coriez at oriez.org  39 34' 34.4"N / 105 00' 06.3"W    AIM 
ID caoriez
"The right to be heard does not automatically include the right to be taken 
seriously." -- Hubert Horatio Humphrey
     




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