Question about the Hammond case

[jberryhill]

15. .

http://www.landrights.org/or/Hammond/Hammonds%20Appeal%209th%20district%20court.pdf

The government appeals the sentences of Steven and
Dwight Hammond, whom a jury convicted of maliciously
damaging the real property of the United States by fire, in
violation of 18 U.S.C. § 844(f)(1). The convictions carried
minimum sentences of five years of imprisonment, but citing
Eighth Amendment concerns, the district court sentenced
Steven to only twelve months and one day of imprisonment
and Dwight to only three months of imprisonment. Because
the sentences were illegal and the government did not waive
its right to appeal them, we vacate the sentences and remand
for resentencing.

-----

Note that the Hammond's lawyers outnumbered the government:

COUNSEL

Kelly A. Zusman, Assistant United States Attorney; S.
Amanda Marshall, United States Attorney, District of
Oregon, Portland, Oregon, for Plaintiff-Appellant.

Lawrence H. Matasar, Lawrence Matasar, P.C., Portland,
Oregon, for Defendant-Appellee Steven Dwight Hammond.

Marc D. Blackman and Kendra M. Matthews, Ransom &
Blackman, LLP, for Defendant-Appellee Dwight Lincoln
Hammond, Jr.