American Samizdat

Wednesday, November 20, 2002. *
Judge wants to give RTF webmaster12 months in prison
JUDGE REJECTS PLEA FOR RAISETHEFIST.COM, SHERMAN AUSTIN
Raisethefist.com, Sherman Austin went to court on Monday, Sept 30th to plead guilty to felony: 18 U.S.C. 842 (p)(2)(A): DISTRIBUTION OF INFORMATION RELATING TO EXPLOSIVES, DESTRUCTIVE DEVICES, AND WEAPONS OF MASS DESTRUCTION WITH THE INTENT THAT SUCH INFORMATION BE USED IN FURTHERANCE OF A FEDERAL CRIME OF VIOLENCE.

The plea bargain was to give Austin a felony conviction with 1 month in jail, 5 months in a half-way home and 3 years supervised release. As the prosecutor read the factual basis of the plea agreement in court, Judge Wilson immediately turned defiant, saying 1 month in jail was not acceptable. He expressed that posting such information regardless of any intent should be illegal, (this of course completely disregarding the 1st amendment and the thousands of NON-ANARCHIST web sites which distribute bomb making instructions), stating that the offense is too serious for Austin to serve only 1 month in jail. Judge Wilson argued that Austin should serve more than 12 months, even though the sentencing is between 6-12 months for Austin's criminal history category under violation 18 U.S.C. 842.The judge also attempted to make Austin out as a terrorist, saying he didn't care how old he was, that his political philosophy behind his reasons of posting the information made it a very serious federal offense, with the intent that the information be used for malicious destruction at international events of foreign commerce.
posted by Joseph Matheny at 8:58 AM
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