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Eco-Sabotage Cases: Judge Aiken Rules on "Terrorism Enhancements"

On Monday evening (5/21/07) Judge Ann Aiken issued her ruling on whether the "Terrorism Enhancement" could apply to the District of Oregon federal defendants in the "Operation Backfire" eco-sabotage cases. Although Judge Aiken stated that this enhancement may apply, the government still has to provide clear and convincing evidence that the enhancement applies in the case of each individual defendant.

From the Civil Rights Outreach Committee:
"Monday's ruling by U.S. District Court Judge Ann Aiken gave the government the green light to attempt to brand 10 environmental and animal rights activists as terrorists, though they caused no injury to human life. Pursuant to Judge Aiken's opinion that a "federal crime of terrorism does not require a substantial risk of injury," the government will likely seek harsher prison sentences under the terrorism enhancement provision of the Federal Sentencing Guidelines. Judge Aiken has retained discretion to determine whether the terrorism enhancement provision should apply to each individual defendant involved in arsons intended to stem environmental destruction and animal abuse. The ruling does require however, that the prosecutors prove that defendants' actions were directed at the government itself and not just at private or corporate entities."
(Full Civil Rights Outreach Committee release is here.)

UPDATE, 5/25/07: Chelsea Gerlach was sentenced today to 108 months plus 3 years supervisory probation. Terrorism enhancements for BPA power line, EPD substation and Jefferson Poplar. Court notes from Gerlach's sentencing are here.
Court notes from Kevin Tubbs' sentencing are now available here.

UPDATE, 5/24/07: Kevin Tubbs was sentenced today to 151 months plus 3 years supervisory probation. Terrorism enhancements for Oakridge, Burns BLM, EPD substation, Romania and Jefferson Poplar.
Court notes from Stanislas Meyerhoff's sentencing are now available here.

UPDATE, 5/23/07: Stanislas Meyerhoff was sentenced today by Judge Ann Aiken to 156 months plus 3 years supervisory probation. The terrorism enhancement was applied for the Jefferson Poplar, Romania and EPD substation arsons.

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