With Booker percolating through the courts for about 2 weeks now, we are seeing cases all over the board. Most judges appear to be welcoming the discretion. Many appear to be imposing sentences significantly below the guidelines (when the facts warrant it); a few are going above the guidelines, as well, believing as well that the facts warranted a higher sentence. A few are following the guidelines rather consistently. I and others are encouraged with the results that we see to date in terms of more creative ( e.g. no prison, but treatment, for a developmentally disabled man) and discretionary sentences often not involving a long prison terms.

It is early yet many courts and judges have yet spoken. and few patterns suggesting predictability have developed

I am glad to hear this update. We are awaiting sentence for my husband on March 4,2005. He was found guilty by a jury of 2 counts on June 17,2004 and then three days later he was found guilty of two more counts. Total 4 counts of conspriracy to commit securities and wire fraud. There were many errors in this case and the first big one is that he didn't do the evil things they said he did. There was no evidence at trial of any conspiracy, in fact there was no evidence anything that was done wrong. Just the gov't saying words like, "fraud" "scam" "scheme", they just used smoke and mirrors and terroristic tactics to win. No lie or believer of a lie will enter the Kingdom of Heaven. So we wait. I am very thankful that the Blakely case came when it did. It was a gift from Heaven. His base level is 6, which calculates to 0-6 months. The gov't wanted to enhance it to a level 36 ! This is over the 20year mark. So with the law on the books, the Judge should not consider any enhancements unless proven to the jury beyond a reasonable doubt or admitted by the defendant. Is this correct? Also, is it possible for the Judge to take the individual counts and sentence him individually by each count? He is in jail without bond, even though they do have a bond of excess of $300,000.00, he sits in his eighth month now for a crime that no one else is in jail for, even the men they scared into pleaing guilty before the trial even began. Thanks for hearing me out.

tommi

With Booker percolating through the courts for about 2 weeks now, we are seeing cases all over the board. Most judges appear to be welcoming the discretion. Many appear to be imposing sentences significantly below the guidelines (when the facts warrant it); a few are going above the guidelines, as well, believing as well that the facts warranted a higher sentence. A few are following the guidelines rather consistently. I and others are encouraged with the results that we see to date in terms of more creative ( e.g. no prison, but treatment, for a developmentally disabled man) and discretionary sentences often not involving a long prison terms.

It is early yet many courts and judges have yet spoken. and few patterns suggesting predictability have developed

I can sure understand what you are feeling, it was a lot the same for me. They got me on "mail fraud" using the same terror tactics and and scary words. They even indicted my Mother and my Wife to get me to plead. The sad thing is it worked! I have two small daughters and could not take the chance on them being without both their parents. Thank goodness Blakely came along. It will make the difference of 40 months to maybe 12 months (hopefully less). I am being sentenced monday 2/7 so I should know before too long. Hang in there, I'll be praying for you guys.

Thanks for the prayers. I will pray for you too. Yah be with you. Tell your family I send my love and prayers for their strength.


But I say unto you, Love your enemies, bless them that curse you, do good to them that hate you, and pray for them that despitefully use you. Matthew 5:44

Take time to read, think on things from Above.

Shalom
tommi

14utoconsider ... I will keep you in my prayers!! And tommi ... Amen!! :)

From what my attorney told me last week enhancements seem to still be a problem for us all. Although he really did not explain it to the point where I understood, he said the judge will make the decision as to if the enhancement applies. I too thought the enhancements had to go to a jury. I guess they don't. Especially in a plea situation. Maybe it's different in a trial.

Cinammo: What he is probably referring to is the fact that many admit to certain facts in the plea and, as such, there is no need to go to a jury: YOU admitted to them so the judge can in fact use those facts to provide the enhancement. For instance if the Defendant admits to the amount of loss, or quantity of drugs, there would be no need for a jury to find certain facts and the court can legally enhance a sentence.

tommi

Of course, I do not know the details but I hope your husband gets the lightest possible sentence. The justice and penal system in our country is truly awful.
Good luck and Best Wishes

Actually I did not admit or agree to being an organizer/leader in my crime and that is what my attorney was referring too. My plea reads that we do not agree with this. So I'll let you knw what the judge says about this enhancement in June.

I was sentenced yesterday and Booker was ignored completely, I got sentenced to the enhancements reccomended in the PSR. This came right after the Judge admitted that I was a good person and had made some bad business decisions. He did not even consider sentencing based on the indictment I plead guilty to. He doubled my sentence based solely on the PSR and the governments supposition. We were shocked. There will be an appeal filed as this is clearly a violation of the 6th Amendment.

14utoconsider, who was your judge?

Wow this whole thing is so nerve wrecking. It's like i prayed for this decision to go through but now I have to pray that my baby gets a kind judge. His lawyer has told us that he has a very good chance of getting his time reduced. We have not heard back from her yet she asked that we give her 2 weeks so we are still waiting. I am just staying prayerful. We need to all do the same.

Judges do what they want. Keep praying and hope the appeal goes through

Shalom All, I just got caught up in all the messages. I am sorry to hear about your sentence 14utoconsider. That is really a bad deal. The probation report used for my husband is the 2001. She is clearly ignoring the Supreme Court ruling. In defiance of her superiors and the law. How can this go on? We have all these laws, but the ones that are hired to enforce them are destroying us. How long Yahweh? How long will the wicked seem to reign?

If you feel impressed to send this info along. Please do.







Report From The Desk Of OZ

3-12-05



Barry Gewin, mild mannered messianic minister from a rural area of western Pennsylvania, (A.K.A the "Pizza Man"), will be sentenced by none other than Judge Colleen Kollar-Kotelly.

That's right the same judge featured in a book written by Fox News Senior Judicial Analyst, Judge Andrew P. Napolitano (see page175, "Without any basis for doing so, ( emphasis added ) the Court of Appeals reviewing Judge Colleen Kollar- Kotelly's ruling concluded that".......interesting stuff. Good luck ,"Pizza Man" sounds like you'll need it .



The more the Great and Powerful OZ looked into this caper, it accurred to me that something is down and dirty in D.C. Land. How is it that the Hall of Justice prosecutors have deemed "Pizza Man" the ring-leader of securities offenses when, count them, two securities lawyers, hired to protect all from breaking any securities laws and( whom still walk among us while Barry Gewin has already spent over 10 months in the D.C. jail awaiting sentencing, because of his super powers as a flight risk ) are the Justice Departments key witnesses, who seem to be basking in the glow of their unethical behavior while the man they adviced gets a royal drilling on his constitutional rights to a fair and imparcel hearing.



So, as the sun sets on yet another day in the life of the Great and Powerful OZ, the weeks ahead will prove to be very interesting to say the very least. Take heart, even the Great Oz has been carried away by the misfortunes of hot air. But, the OZ must admit, "Pizza Man" should have kept delivering pizza' ( his trade before the great securities scam he is now accused of master-minding ).



Does this mean the "Pizza Man" will not escape the clutches of the Dark Side of a free society?



A Professor from Fortham University was a witness for one of the lawyers who adviced "Pizza Man", he apparently said no crime was commited after reviewing the securities deal before the court...........I wonder!



As this story of truth seeks justice unfolds we'll have to rely on the Editors of our Daily Planet to send out reliable reporters to get the scoop. Truth and justice may elude us one super hero at a time. Barry Gewin will leave behind a little boy who, looks a lot like Oppie of Mayberry and a beautiful wife whoes inner beauty is maginified by her steadfastness in caring for the homestead in the absence of her super hero and husband.



The out come of this story and the story of many a victim of circumstances relating to the misgivings of a judicial system out of control and out of touch with the truths of our Constitution depends on the willness of yet another Super Hero to come out of seclusion to protect Truth, Justice and our Founding Fathers and Mothers hopes of establishment for the people of a Free America, leaving the bondage of injustice outside the gates of a free people and our way of life.



The Great and Powerful OZ signs off for now, but........ just one more thing? Will someone at the Justice Department solve the missing sock in the dryer mystery or the tooth fairy identity thing for the OZ, your prosecutors seem to be on a roll and....well....I thought, I might just ask?



Barry Gewin will be sentence next week April 1, 2005 in Judge Kotelly' court.

The prosecution is seeking to take the pastor of a small congregation of messianic believers away for the long haul, some say 80 years, a life sentence because he delivered for the securities lawyers.

The lawyers who advised Pastor Gewin are still free and may see little or no jail time because they covered their sins with a scape goat. Wait just a minute..... did the Great and Powerful Oz say the "Pizza Man" will be sentenced on April 1st?

Unfortunitely, this is really happening in a free country, not Irag or Iran. Barry Gewin could be anyone who works with a bad lawyer in a business deal. Mark Twain was right about some lawyers, though his advice on how to deal with lawyers stooped to their level.

Don't be an April Fool on your constitutional rights, do unto the lawyer before he/she does unto you!

THE OZ

Wifes Plea For Justice

March 14, 2005 Please cover this story and attend the hearing



The Supreme Court has had a new decision effecting the Federal Sentencing Guidelines, actually, two decisions. In the first, which actually gives context for the second, enhancing a defendant's sentencing based on the guidelines through the use of non-jury decided facts, is now considered to be unconstitutional and thus illegal. The jury must decide on all facts used in the case in which Federal Sentencing Guidelines are being applied to. Moreover, the judge can use the Guidelines, as a Guide. The judge must use the guidelines in that manner, so as to approach uniformity in sentencing. But using the guidelines to determine sentencing based on the facts that a jury decided were facts is the only thing permitted. Using the guidelines to sentence on facts not decided by the jury is not permitted and is now illegal.
The second decision mandates the judge use the guidelines as guidelines. Uniformity. The judge must stay reasonably close to the guidelines pattern of sentencing, but is permitted to "reasonable" discretion to leave them somewhat. I don't know what "reasonable" would be. A schizophrenic thinks of "reasonable" as something far different from somebody "sane." A thief thinks its reasonable to steal. A person with a highly developed sense of morality thinks that it is not reasonable. Somebody who thinks that ends justifies means is liable to find anything reasonble in attaining a certain end, while, somebody who thinks that both means and ends must follow a definite morality would think such.
At any rate, the second decision should not, probably can not, be used to gut the meaning of the first. Its only actual meaning is in terms of not enhancing. The guidelines must still be used as a guide in order to approach overall uniformity in the federal sentencing of defendants. In the now present disqualification of enhancing sentencing the court is saying that the guidelines must still be used. They said that the guidelines can not be thrown out. To throw them out would leave everything in the hands of judges. Many of the judges would appear to not be able to judge, at least, in terms of both means and ends being justifiable.





1. Judge Kotelly’s Memorandum filed on February 22, 2005 Denying Gewin’s fourth and fifth motions for release. Criminal Action No. 03-366



No hearing has been held on any of these motions for release.

June 23,04

July 26,04

Aug. 18,04 memo denying first two motions

Sept. 18,04

Nov. 15,04 denied

Nov. 24,04

Feb. 9,05

Feb. 22,05 denied



Page 8 “at this point, as outlined supra, Mr. Gewin faces a potentially lengthy imprisonment.” The jurors convicted Gewin on 4 counts, base level 6. Which in jail time is 0-6 months. How then could the judge state that he faces a potentially lengthy imprisonment?



Page 9 “ at this point, Defendant Gewin’s sentencing is only two weeks away, and he faces a possibly lengthy imprisonment-if released, he would have a strong incentive to flee to avoid returning to prison for a significant period of time.” (Sentencing was postponed till April 1, 2005. He will have served approx. 10 months in a maximum security jail.) Again, the judge states about a significant period of time. With this statement it is showing her tendency to break the law on April 1, 2005 at 9:30am. One can’t serve a “lengthy or a significant” jail term on a base level 6, 0-6 months. When he already served 10 months.







2. Presentence Investigation Report Docket No. CR-03-366-01

Feb. 28,05



Guidelines Manual 2001 edition

Count 1

Count 6&7

Count 8



Base Offense Level 6



***Then the report adds another 28 points for things that were not proven to the jurors or admitted by the defendant. This report was made after the Supreme Court ruled that the only enhancements that could be used to sentence with are the ones that were proven to a jury or admitted by a defendant. Nothing was proven to a jury or admitted by the defendant show this also shows breaking of the law on the part of the probation officer. She is asking a District Judge to break the law.




Government’s sentencing memorandum filed February 18, 2005


The gov’t wants 188-235 months and to pay restitution of $1,975,786 and a fine of $1,000,000. After he has served years in prison he is also to have a three year period of supervised release. Not only do they want such a long time, but they are asking that the sentences be served consecutively. This means 78 years !!



Gov’t states “in light of the Supreme Court’s recent decision in United States v. Booker”



They are ignoring their superiors with this statement and going ahead with their unlawful enhancements.



The gov’t is not satisfied with a level 34 that the PSR stated they want to add 2 more points for a total of 36. All of which was not proven to a jury or admitted by the defendant. The true base level is a 6, which calculates to 0-6months in jail.




At the eleventh hour the Gov’t files a Supplemental Memorandum in Aid of Sentencing. This is a document that is chalked full of lies and new allegations. 40 plus pages of new attacks the day before sentencing. March 4,05 9am was to be the sentence, but after this filing the Judge postponed it till April 1, 05 9:30am. The delay is for the defendant to answer this filing.


In this long and lengthy memo, On one part of the report the gov’t admits to only having a limited amount of information on “victims” So they,the gov’t is going to conduct an investigation to see if they can find any “victims” Question? Shouldn’t the victims come first, before a trial?



Many more unlawful acts done during this trial. Please help get the word out and support a man and his family in this time of need. I thank you.



Contact;

Attorney Jacob Stein

1100 Connecticut Ave. NW

Washington DC 20036

202-737-7777