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Re: Executing Kaczynski
>The more important silence is about the instant sentencing of the
>Unabomber compared to Jim Bell's sentencing. What _is_ happening with
>Jim?
Kaczynski was not sentenced immediately - but the crimes he plead guilty to
and the legal posture of the prosecution (e.g., the withdrawn notice of
intent to seek the death penalty) make his sentence a foregone conclusion.
He is still, however, subject to the same pre-sentencing rigamarole that
Jim was; see, for example, this excerpt from the transcripts of the court
proceeding on 1/22 - (at
<http://cnn.com/SPECIALS/1997/unabomb/transcripts/9801/012298.txt>).
9THE COURT: Okay. There will be a special assessment of
10 $650 imposed for your guilty plea pursuant to federal law.
11Mr. Kaczynski, do you understand those possible
12 consequences of your plea?
13THE DEFENDANT: Yes, Your Honor.
14THE COURT: Under the Sentencing Reform Act of 1984, the
15 United States Sentencing Commission has issued guidelines for
16 judges to follow in determining the sentence in a criminal
17 case. Have you and your attorneys talked about how the
18 Sentencing Commission guidelines might apply to your case?
19(Discussion off the record between the defendant,
20 Ms. Clarke and Mr. Denvir.)
21THE DEFENDANT: Yes, Your Honor.
22THE COURT: Do you understand that the Court will not be
23 able to determine the guideline sentence for your case until
24 after the pre-sentence report has been completed and your
25 attorney and the Government have had an opportunity to object
SUSAN VAUGHAN, CSR No. 9673 -- (916) 446-1347
3810
1 to any of the findings in that report?
2THE DEFENDANT: Yes, Your Honor.
3THE COURT: Do you understand that after it has been
4 determined what guideline applies to a case, the judge has the
5 authority in some circumstances to impose a sentence that is
6 more severe or less severe than the sentence called for by the
7 guidelines?
8THE DEFENDANT: Yes, Your Honor.
9THE COURT: How about the question of appeal? Has that
10 been waived?
11MR. LAPHAM: Yes, Your Honor. It's contained at page 7,
12 beginning at line 16.
13THE COURT: Okay. Do you understand that by entering
14 into the plea agreement you have entered with the Government,
15 you will have waived or given up your right to appeal all or
16 any part of your plea of guilty and anything else that occurs
17 during this conviction hearing and anything that occurs during
18 your sentencing hearing?
19THE DEFENDANT: Yes, Your Honor.
20THE COURT: Do you understand that parole has been
21 abolished and that if you plead guilty, you will spend the
22 rest of your life in prison and you will never be released or
23 paroled?
24THE DEFENDANT: I understand that, Your Honor.
25THE COURT: Do you understand that if the sentence is
SUSAN VAUGHAN, CSR No. 9673 -- (916) 446-1347
3811
1 more severe than you expected, you will still be bound by your
2 plea and will have no right to withdraw it?
3THE DEFENDANT: I understand it, Your Honor.
4THE COURT: Do you understand that if I do not accept
5 the sentencing recommendation in your plea agreement, you will
6 still be bound by your plea and will have no right to withdraw
7 it?
8THE DEFENDANT: I understand that, Your Honor.
[...]
--
Greg Broiles | US crypto export control policy in a nutshell:
[email protected] | Export jobs, not crypto.
http://www.io.com/~gbroiles | http://www.parrhesia.com