A person up for resentencing this month over a monthslong armed standoff with U.S. marshals in 2007 to protest a tax evasion conviction says he needs to be sentenced to the 13 years he has already served.
- Associated Press
- Last Updated: September 19, 2020, 8:51 PM IST
FOLLOW US ON:
CONCORD, N.H.: A person up for resentencing this month over a monthslong armed standoff with U.S. marshals in 2007 to protest a tax evasion conviction says he needs to be sentenced to the 13 years he has already served.
Edward Brown, 78, was sentenced to 37 years in jail after the standoff at his fortress-like dwelling in Plainfield, New Hampshire. His spouse, Elaine Brown, obtained a 35-year sentence, however a choose determined in January she may very well be launched after serving over 12 years. She is in search of a divorce. Edward Brown is scheduled to be resentenced Sept. 29 in federal court docket.
In a sentencing memo filed with the court docket on Friday, Edward Brown stated resentencing him could be unconstitutional, violating the Fifth Amendment due course of clause and double jeopardy prohibition in opposition to a number of punishments for an offense.
If the court docket determines that resentencing doesn’t violate his constitutional rights, he requests that he be sentenced to time served, based mostly on his minimal historical past of legal conduct, declining well being, age and danger components for issues from COVID-19 and the truth that Elaine Brown and two different defendants have been sentenced to time served.
His 13 years of incarceration, which he has served from age 65 to age 78, completely displays the seriousness of the offense, promotes respect for the regulation, and gives simply punishment, his lawyer Benjamin Falkner wrote.
Prosecutors have advisable that Edward Brown keep in jail.
In 2019, Brown was identified with a transient ischemic assault, typically known as a mini-stroke, and has a historical past hypertension however has refused therapy for that situation, Falkner wrote.
The Browns holed up of their dwelling after they stopped exhibiting up in court docket for his or her trial on tax evasion prices. Anti-tax crusaders and out-of-state militia teams rallied to their trigger earlier than U.S. marshals posing as supporters gained entry to their dwelling and arrested them. The marshals found weapons, explosives and booby traps.
One cost in opposition to the Browns carrying and possessing a harmful machine in reference to a criminal offense of violence carried a compulsory minimal sentence of 30 years. It was vacated following a U.S. Supreme Court determination final yr that discovered the crime of violence time period imprecise.
Brown has stated he has no present want for weapons, his lawyer wrote within the sentencing memo.
Disclaimer: This put up has been auto-published from an company feed with none modifications to the textual content and has not been reviewed by an editor