From: Greg Broiles <gbroiles@netbox.com>
Date: Sun, 25 Jan 1998 03:45:42 +0800
To: cypherpunks@cyberpass.net
Subject: Re: Executing Kaczynski
In-Reply-To: <Pine.BSF.3.91.980124112441.28084A-100000@gabber.c2.net>
Message-ID: <3.0.2.32.19980124114351.0072c3c8@pop.sirius.com>
MIME-Version: 1.0
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>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and the legal posture of the prosecution (e.g., the withdrawn notice of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:
gbroiles@netbox.com         | Export jobs, not crypto.
http://www.io.com/~gbroiles | http://www.parrhesia.com