[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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