Supreme Court refuses to hear William White’s writ and Bill on his terrible mistake

Bill was moved out of Chicago MCC yesterday morning and got to Oklahoma City at five this morning. Terrible trip, as usual. He has email and phone privileges.

NEWS -The Supreme Court has refused to hear his writ of certiori/review the Chicago case, after all. This writ challenged the Seventh Circuit’s definition of solicitation. So, Bill is now a “violent career criminal” for his various ANSWP Commander antics. He likely will be in prison for two more years.

After he learned about the Court’s decision, Bill wrote a sort of open letter to the public about the Matt Hale juror case. A few selected bits, below. Whole paragraphs go around these quotes, paragraphs I censored for fear of the DOJ. If you read to the end, I think you will get a good idea of what Bill wants to say.

Bill White wrote:

…there is no question that much of my behavior and many of the things I said which gave “context” to this case were immature and foolish and way over the top. Now, I don’t believe I would make statements of that type…

…”intent” was really the only issue in the case, and, as I am the only person who knew my intent, I can say that I was completely innocent of these charges…

…My mistake was all of the rhetoric and atmosphere I created around these words that allowed them to be interpreted “violently”…

…There were, I believe, some people who understood what I was doing when I was behaving outrageously — that I was mocking the stereotype of the so-called “extremist” by, essentially, play-acting in a way the media stereotyped …

…Clearly, I made a terrible mistake…

…Maybe I was unaware of who was in my audience. But, the fact that no violence occurred at all makes me think that I don’t think so…

… most countries do not let political dissidents criticize their system of law — but, the ability to criticize the legal system and its acts was supposed to be a cornerstone of American “democracy.”

Anyways, I am sorry I did something so foolish that I brought all of these problems down on me. I was certainly immature, years ago, when these acts occurred, and I, and those around me, are paying for my foolishness and inability now…

So, I am very sorry to all of you. I think this case says more about what America is right now than me, but it also says that, in my late 20s, when I should have been taking a much more serious approach to the world, I made the mistake of enjoying tweaking my nose at the system a bit too much — and made the foolish mistake of thinking myself much more able to challenge the world than I really was.

…Thank all of you for your support, and, hopefully, for your continuing support.

Matthew Hale loses in appeals court

Poor Matt Hale.

UPDATE: http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2013/D03-05/C:11-3868:J:Easterbrook:aut:T:fnOp:N:1093914:S:0

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I sent this article, below, to Bill. I’m sure he will spit his coffee when he gets to the part about “one of Hale’s followers, William White.” Bill is not a Creator and he never was. (I like that name, Creator. Sort of like Believer, only better.)

I think it was said at Bill’s trial in Chicago that young ANSWP member Phil Anderson (who may or may not run the Black Peoria blog) grew up living next door to Matt in East Peoria. Small world.

Courthouse News Service March 7, 2013
Racist Who Plotted Death of Judge Loses Appeal
By JOSEPH CELENTINO

CHICAGO (CN) – A white supremacist who solicited the death of a federal judge will stay in prison, the 7th Circuit ruled, tossing a collateral attack of his convictions.

Matthew Hale had been the leader of a white supremacist group known as the Creativity Movement. The group was originally called the World Church of the Creator until it lost a trademark battle over the name in 2002.

When U.S. District Judge Joan Lefkow entered the trademark injunction, Hale placed a contract on her life by telling the movement’s “head of security” to kill the judge. [“HEAD OF SECURITY” = AN INFORMANT WEARING A RECORDING DEVICE WHO APPEARED UNEXPECTEDLY AT HALE’S DOOR ONE NIGHT AND PITCHED THE PLOT.]

Though the Creativity Movement declares itself nonviolent, jurors convicted Hale of soliciting a crime of violence and obstructing justice. The 7th Circuit affirmed his conviction in 2006.

In a collateral attack under 28 U.S.C. §2255, Hale argued that the trial judge violated the U.S. Constitution by excluding him from the portion of the jury selection that dealt with pretrial publicity. Hale also claimed that his attorney, whom he later discharged to proceed pro se, had provided ineffective assistance.

The 7th Circuit was unsympathetic, rejecting both arguments in a 10-page opinion.

Before trial, U.S. District Judge James Moody called members of the venire into a small conference room to question them about their familiarity with Hale, who had received press attention after praising a man who shot at least 11 members of minority groups in 1999.

Hale never formally consented to this format of questioning, though his lawyer told Moody otherwise.

Before the 7th Circuit, Hale argued that he never consented. Arguing that a lawyer cannot consent to questioning the venire outside the presence of the accused on behalf of his client, he deemed the jury selection unconstitutional.

But the appeals court declined to review Hale’s claim, ruling that it had been “doubly defaulted.” Hale, who is a law school graduate, was aware of the procedures at trial and did not protest. He also failed to raise the issue on direct appeal.

The court also rejected Hale’s ineffective assistance of counsel claims.

Hale argued that his Sixth Amendment rights suffered because his trial counsel used peremptory challenges to strike white members of the venire rather than black members, who may have held Hale’s racist views against him.

The 7th Circuit noted, however, that Supreme Court precedent from the 1986 case Batson v. Kentucky forbids lawyers from exercising challenges on racial grounds.

“Far from holding that defense lawyers must defy Batson whenever evasion would be in the interest of the defense, we have held that racially motivated challenges constitute ineffective assistance, even when the lawyer sincerely believes that removing jurors of a particular race or sex would help the defendant,” Chief Judge Frank Easterbrook wrote for the panel.

Hale’s trial lawyer “should be praised, not condemned, for resisting the temptation to use race as the basis of challenges,” the ruling states.

“Hale was entitled to trial by a fair cross-section of the whole community, not just that subset of the community that the Creativity Movement favors,” Easterbrook wrote. “Hale’s hatred of blacks did not entitle him to an all-white jury.”
The panel also rejected Hale’s second ineffective-assistance argument – that his trial attorney should have conceded that Hale instructed a Movement member to kill someone while arguing that the intended target was not Judge Lefkow.

“Trial counsel did not have much room for maneuver, and trying to show that Hale’s ambiguous statements had been misunderstood was the best of the available choices,” Easterbrook wrote. “The approach that current counsel prefers – defending against a contract-murder charge but disputing the identity of the target – was unlikely to appeal to jurors.”

Finding that the District Court had sufficiently addressed Hale’s other arguments, the appeals court affirmed the rest of the judgment.

One of Hale’s followers, William White, has previously appeared before the 7th Circuit on related charges. Five years after Hale was convicted of soliciting Lefkow’s murder in 2003, White was indicted for posting online threats aimed at the jury foreperson in Hale’s trial.

White posted the name, address, phone number and a photo of the juror, who is a former assistant dean at the Northwestern School of Education and Social Policy, under the title “The Juror Who Convicted Matt Hale.”

Finding White’s speech protected under the First Amendment, a federal judge later dismissed the indictment, but the 7th Circuit reversed that decision in June 2010.

After a jury convicted White, U.S. District Judge Lynn Adelman acquitted him, causing the government to again appeal the case to the 7th Circuit.

In October 2012, the federal appeals court reinstated White’s conviction, noting that “although First Amendment speech protections are far-reaching, there are limits.” [FOR PEOPLE WE DON’T LIKE]

Updates on the Appeals, etc.

I don’t understand this, but I see that the BOP Inmate Locator now gives Bill’s release date as 5-17-2013.

Name Register # Age-Race-Sex Release Date Location
WILLIAM A WHITE 13888-084 35-White-M 05-17-2013 CHICAGO MCC

Bill’s always talking about some disputed time he served or didn’t serve. Then again, sometimes PACER has little goofs, maybe the date will be changed back. Where’s the recent 42 month sentence? I’m guessing they just haven’t entered it yet.

Speaking of the recent hearing, from what I read in the papers, I thought the Judge basically said, in so many words, “You have a bad character, you have to stay in prison.” But, I’m told, it was nothing like that. The papers didn’t report the full story (they never do.) When the transcript of the hearing is available, I will try to get it posted.

Bill sent letters to VNN Forum and to Harold Covington’s Thoughtcrime blog after the hearing, letters which I’m not going to repost here.

The letter sent to HAC sounds bit unhinged to me, but, I got a letter myself the other day that was quite normal – same old Bill. By the way, I don’t think Bill is getting “diesel therapy”, I think he is getting the same crummy treatment all BOP prisoners get when they are moved from one facility to another.

Updates on the appeals.

1. Bill’s appeal on the Chicago/7th Circuit case went to the Supreme Court the last week in February. What is this about? According to Bill, no other circuit in the US recognizes solicitation in a case like Bill’s.

Case no. 12-1062
Title:
William White, Petitioner
v.
United States
Docketed: February 28, 2013
Lower Ct: United States Court of Appeals for the Seventh Circuit
Case Nos.: (11-2150, 11-2209)
Decision Date: October 26, 2012
Rehearing Denied: December 3, 2012

There is supposed to be a brief on PACER somewhere, but I have not seen it and I am told it is the size of book.

It will be six months to a year before the Supreme Court comes to a decision.

2. The 2255, Motion to vacate, set aside or correct sentence. What is this about?

In March 2012 the Fourth Circuit (Roanoke) ruled it could not rule on Bill’s appellate issues in panel, and had to have a hearing en banc. Two Judges (Duncan and Floyd) endorsed this position.

Bill’s Fourth Circuit appellate lawyer was hired to file the en banc petition and a writ of certioari. She did not do this. (Ineffective assistance of counsel). Defendant “BW” alleges this failure to file was due to willful malice.

Anyway, Bill’s Sixth and Fourteenth Amendment rights were violated, as he did not get his right to an appellate review of his convictions.

Bill wants his sentence set aside.

Hopefully, this will be resolved in May or June, in Bill’s favor, of course, by the kindly Judge Turk.

3. The phone threats to wife case, No. 13 cr 13.

Bill sent a letter (Document 4) to the court denying the charges and asking for Paul Beers to be appointed as his lawyer.

This case is strange. I’ve seen indictments where the agent takes the complaint and then goes out to investigate and then reports what he finds. The investigation is missing from Document One! Document Two and Three were missing from the docket when I was there looking for them. Bill’s cases tend to be a stream of letters from Bill to the court, but this is weird. However, if the Judge (Turk) throws the charges out, Bill will explain everything. Ha-ha!

Update for Wednesday

Guess I have had burn out for the past week and I practically forgot I had a blog.

– Recent comments have been posted. They were almost all negative, but I posted them anyway, and I will be responding to some of them, here, later. (Update – my responses are posted under the original comments.)

– Bill is still in Chicago and will probably be there a few more weeks. The mail room has been taking two or three weeks to deliver his mail. He gets a big pile of letters delivered at one time. Sometimes his newspaper gets delivered, sometimes it doesn’t. He is okay with the Chicago sentence and just glad he did not get the five years the government wanted. Somehow, he calculates that he will be out in two years, if not sooner. That is Bill. He is always getting out “soon” or even “next month” in his mind. We will see.

– Speculation on the new indictment. Apparently, the presence of 18 USC 2 in the indictment means Bill has been charged with aiding and abetting another person in sending the emails, and not with sending them himself. Bill WAS speculating a lot on the indictment, but the unexpected sentence has pushed that to the background. At any rate, under the new policy, I’m not posting Bill’s comments on his court cases any more.

– Updates on Bill’s appeals are overdue. Since this IS the Bill White Trial Update, I will try to get the latest info posted here. More later.

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Bill on his press.

In court Wednesday, a balding, bespectacled White gave a half-hearted apology for “causing the situation that brings me here today”… he winced as the judge said White’s wife told the court White spent too much time online, and again when the judge reviewed medical records that describe him as having a narcissistic personality disorder.

The Chicago Sun-Times is a “right” leaning Jewish tabloid. So, I am now balding and bespectacled. LOL. I have never been described that way. LOL. I certainly didn’t wince… These personality things have been out there for years. One shrink says yes, one says no, and I don’t care. LOL. And, my apology was certainly not half-hearted.

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Bill White’s Remarks to the Court in Chicago

Case 08 cr 851, US v. William White –

Your honor, I’d like to apologize for having created the situation that has brought us here today. I never believed or intended that any harm would come to Mr Hoffman as a result of my words, but, clearly, I communicated in a way that was subject to misunderstanding, and, for this, I am sorry.

During the trial, the FBI testified that I had communicated with Matt Hale before his arrest, but they did not testify to what I’d said. In December of 2002, just before Mr Hale’s arrest, I received a copy of his email declaring war on Joan Lefkow, and, my immediate response — the one the agent didn’t detail — was to tell Mr Hale to retract his statement and leave Joan Lefkow alone. Things like this did not come out at trial — but they were the truth of the matter — I was never one to encourage political violence.

Until my arrest in this case, I had never read Mr Hale’s appellate argument, in which he admitted he had solicited a murder. Until I read this, I had believed Mr Hale to be completely innocent, and it was this belief that caused me to criticize his jury. Had I known Mr Hale had admitted so much, my actions would have been different.

Since my arrest in 2008, I have abandoned any sort of political activity. As a result of my imprisonment, I lost my marriage and my business, but I spent the year I was released working without a profit to help those who invested in my business to recover as much as possible. I also spent that year living quietly in the mountains, focused on raising my now five-year old daughter. I did not have internet at my home and I did not maintain a regular phone line, not because of any court order, but because I wanted to avoid even the potential of an allegation of having done something wrong. I pursued my degree and supported myself by writing, editing and consulting for publications. I lived within the law, and I committed no crimes. I did everything in my power to eliminate my public presence and be left alone.

When released again, I’m going to continue what I did in 2011 and 2012 — I’m going to live quietly, write, raise my daughter and obey the law. All I ask is that the Court put a final end to this case it has dismissed twice by granting me a fully concurrent sentence of time served and letting me get back to my family.

Bill White in Court Today

White, wearing shackles on his legs and an orange prison-issue jumpsuit, showed no emotion as the sentence was announced. But he winced as the judge said White’s wife told the court White spent too much time online, and again when the judge reviewed medical records that describe him as having a narcissistic personality disorder.

From the Chicago Sun-Times

A neo-Nazi who incited violence against a juror in a Chicago trial was sentenced to 3-1/2 years behind bars Wednesday by a federal judge who said the white supremacist “hasn’t developed respect for the law,” despite repeated run-ins with authorities.

William White, 35, of Roanoke, Va., used his extremist website overthrow.com to post the name, address and phone numbers of the foreman in the trial of Matthew Hale, a fellow white supremacist convicted of attempting to have Judge Joan Lefkow assassinated in 2005.

The juror was a “gay anti-racist … who played a key role in convicting Matt Hale,” White wrote on Sept. 11, 2008, listing the juror’s personal and professional contact details and writing that he lived with a black lover. White had claimed in another post on his website that everyone involved in the Hale case deserved to be assassinated.

When Lefkow’s husband and mother were killed by a disgruntled litigant unconnected to any hate group, White even wrote “Good for them!”

In court Wednesday, a balding, bespectacled White gave a half-hearted apology for “causing the situation that brings me here today.”

He asked Judge Lynn Adelman to give him credit for time he has already served for a series of similar threatening acts against a bank employee, a university professor and black plaintiffs who filed lawsuits in fair housing cases.

Saying he wanted to quietly raise his 5-year-old daughter in the mountains, White said he had sworn off his extremist political activities and just wanted the judge to “let me get on with my life.”

But Assistant U.S. Attorney Michael Ferrara said, “The system of justice would collapse if regular citizens could not do their jury duty without fear of this type of reprisal.”

Though the juror in this case was physically unharmed, he and his partner lived in fear, Ferrara said, urging a sentence of 5 years.

Adelman noted that White had absconded to Mexico while on supervised release for an earlier conviction, sentencing him to 42 months, one month of which will be served concurrently to a prior sentence White is already serving.

White, wearing shackles on his legs and an orange prison-issue jumpsuit, showed no emotion as the sentence was announced. But he winced as the judge said White’s wife told the court White spent too much time online, and again when the judge reviewed medical records that describe him as having a narcissistic personality disorder.

DOJ release – Bill White sentenced to 42 months, to be served consecutively to current sentence

Concurrent would mean time served, consecutive means to be served following the current sentence.

Seems to me Bill should have got the concurrent sentence. Maybe the Judge was swayed by the new indictment, which has not gone to trial, yet.

From Yahoo:

“…Although many legal professionals believe that all convicted criminals should serve their sentences consecutively, others feel that mitigating circumstances should allow for concurrent sentences. In most states, it is up to the judge’s sole discretion as to how the defendant’s sentences should be served. In others, state law requires concurrent sentences for some offenses and consecutive sentences for others.

One of the main factors used to determine the type of sentencing served is past criminal history. An individual who is committing his or her first offense is more likely to inspire leniency and compassion in the judge and to receive a concurrent sentence. An individual, on the other hand, who has been convicted before (especially of a similar crime) will probably receive a consecutive sentence.

Another factor the judge and the law will consider is the nature of the crimes involves. An individual who is convicted of three similar crimes will most likely serve concurrent sentences. However, if the crimes are unrelated (such as robbery and murder), the judge is more likely to issue an order for consecutive sentences. This is partly because the commission of one crime can lead to several charges…”

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From the District Attorney’s Office:

FOR IMMEDIATE RELEASE February 20, 2013
White-Supremacist William White Sentenced to 42 Months
in Prison for Soliciting Violence Against Hale Jury Foreman

CHICAGO — Self-proclaimed white-supremacist WILLIAM A. WHITE was sentenced today to 42 months in federal prison for soliciting violence to the foreman of a federal jury in Chicago that convicted another white-supremacist, Matthew Hale, in 2004. White stood trial in Chicago in January 2011 and was convicted by a jury of one count of solicitation.

“No doubt the experience was extremely frightening for the juror,” U.S. District Judge Lynn Adelman, of Milwaukee, who imposed the sentence, said in reference to the Hale jury foreman who was the victim of White’s violent solicitation.

Judge Adelman, who was assigned to preside over the case in Federal Court in Chicago, ordered White to serve the sentence consecutively to all but a little more than a month remaining on a federal sentence that White is currently serving for making threats to other victims and intimidating a witness in Virginia. White’s prior sentence totaled 43 months and is scheduled to end in early April.

Initially, Judge Adelman dismissed the 2008 indictment against White but a federal appeals court in Chicago reinstated the solicitation charge in 2010. After White’s trial in January 2011, the judge overturned the jury’s guilty verdict, but the government appealed and White’s conviction was reinstated, leading to today’s sentencing. White’s prior sentence stemmed from a December 2009 trial conviction by a federal jury in Roanoke.

“This defendant has been prolific in making threats to people,” Assistant U.S. Attorney Michael Ferrara told Judge Adelman today in arguing for a consecutive sentence instead of White’s request for time served.

The evidence at White’s Chicago trial showed that after Matthew Hale was tried, convicted and sentenced for soliciting the murder of a federal j udge in Chicago, White solicited his followers to retaliate against the foreman of that jury. White created and maintained a former web site, “Overthrow.com,” which was publicly accessible on the Internet. The web site purported to be affiliated with the “American National Socialist Workers Party” (ANSWP), and claimed the organization was comprised of a “convergence of former [white supremacy] ‘movement’ activists who grew disgusted with the general garbage that ‘the movement’ has attracted and who formed the ANSWP under the Command of Bill White.” Members of the ANSWP were described as “National Socialists… who fight for white working people.”

Between Sept. 11 and Oct. 11, 2008, White used the web site to solicit anyone to injure Juror A on account of Juror A’s role as the foreperson of the jury that convicted Hale, the leader of a white-supremacist organization known as the World Church of the Creator. Hale was sentenced to 40 years in prison for soliciting the murder of a federal judge in Chicago.

As part of White’s solicitation of violence against Juror A, White posted derogatory comments and personal information about Juror A, including Juror A’s home address and phone numbers, on the Overthrow.com web site on Sept. 11, 2008. The solicitation occurred under circumstances strongly corroborating White’s intent that another person use, attempt to use, or threaten the use of force against Juror A.

White was aware that individuals associated with the white-supremacist movement, who were the target audience of his web site, at times engaged in acts of violence, directed at non-whites, Jews, gays and persons perceived by white-supremacists as acting contrary to their interests. Prior to the solicitation against Juror A, White on multiple occasions caused postings to the web site that disclosed what purported to be the home address and/or personal identifying information of individuals who were targets of criticism on the Internet.

The Government was represented by Assistant U.S. Attorneys Michael Ferrara and William Hogan. The sentence was announced by Gary S. Shapiro, United States Attorney for the Northern District of Illinois, and Cory B. Nelson, Special Agent-in-Charge of the Chicago Office of the Federal Bureau of Investigation.

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News Article – According to the last line, this is not time served. I find that hard to believe. We will see.

Roanoke Times

Neo-Nazi Bill White sentenced to 42 months in prison for juror threats
Prosector says former Roanoke landlord and neo-Nazi leader should serve all but one month of the new sentence after he completes serving time for violating his parole.
By Laurence Hammack | The Roanoke Times

Former neo-Nazi leader William A. White was sentenced today to 42 months in prison for soliciting violence against a former juror in Chicago.

It was the latest in a series of prison terms for White, who as the commander of a Roanoke-based white supremacy group was known his heated online rhetoric and emails that often bordered on threats.

Today’s sentence in federal court in Chicago came after White was convicted of soliciting violence for posting derogatory comments along with the name, address and telephone number of the foreman of a Chicago jury that convicted a fellow white supremacist in 2004.

Prosecutors have argued that White published the information with the hope it would prompt readers of his racist Web site to threaten or harm the man.

A Roanoke jury has also convicted White in separate cases of making racially charged threats. After serving a 30-month term for those charges, White was sent back to prison for violating his parole by fleeing to Mexico, where he was arrested last June.

White will serve all but about a month of the term he received today after he completes his current time, according to a news release from the U.S. Attorney’s Office in Chicago.

No news, yet

Looking for news on Bill’s hearing this morning, all I can find is old reports from earlier years. Here is one from 2011 that I don’t recall posting before. Posting this now as a little background information about the Chicago case:

APRIL, 2011
Fed Judge Tosses Conviction of White Supremacist Who Posted Info About Jury Foreman

By Allan Lengel
ticklethewire.com
The message is clear: Even hatemongers have Constitutional rights.

The Chicago Tribune reports that a federal judge has tossed out the conviction in Chicago of white supremacist William White who posted personal information on his website about a jury foreman who helped convict a fellow white supremacist in 2004. A jury found White had used the website to solicit an attack on the foreman.

U.S. District Judge Lynn Adelman of Milwaukee, who had been assigned to the trial because of local conflicts of interest, wrote in a ruling that prosecutors failed to prove during trial — even though the jury convicted after three hours of deliberation — that supremacist White’s postings on overthrow.com showed he wanted the foreman harmed, the Tribune reported.

She wrote that the posting was protected by the First Amendment. [OH YEAH, I REMEMBER POSTING THIS BEFORE. ADELMAN IS A HE, NOT A SHE. LYNN ADELMAN LOOKS LIKE THE SON OF A TENNESSEE COTTON FARMER, BUT HE IS THE SON OF A ZIONIST FANATIC.]

“The First Amendment protects vehement, scathing and even offensive criticism of others, including individuals involved in the criminal justice system,” Adelman wrote, according to the Tribune. “Knowledge, suspicion or even hope that something might happen to Hoffman is not enough.”

Prosecutors charged that White had posted info in 2008 on his website about jury foreman Mark Hoffman, saying he was the “gay Jewish anti-racist” juror who had helped convict Matthew Hale for the solicitation of the murder of U.S. District Judge Joan Lefkow, the Trib reported. White also included info about Hoffman including a color photo, home address, phone numbers and his cats name (Hoffman is not Jewish).

Prosecutors during trial pointed out that in 2005, White on his website called for the “assassination” of anyone involved in the Hale trial, the Trib reported.

White’s attorneys argued their client never directly solicited an attack on Hoffman, the Trib reported.

The Tribune reports that the U.S. Attorney’s Office in Chicago is considering an appeal.

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Judge Adelman’s Decision and Order to Acquit Bill White, April 19, 2011

Click to access ACQUITTAL.pdf

Department of “Justice” press release, January 2011.

Click to access pr0105_02.pdf

Bill White’s Sentencing Hearing in Chicago, February 20

I haven’t heard from Bill today, but he sounded fine in the last batch of emails that I got from him. Reading and doing his research, as usual. I think he was hit pretty hard last week by the new indictment, but he got over it.

Some updates:

Case No. 08-cr-851 (Chicago). Sentencing hearing tomorrow at 9 AM.

The govt. is asking for Bill to be sentenced at the “high end” of the guidelines, at least five years. (Actually, I think
they want ten… Well, we will find out tomorrow.)

From the Government’s Sentencing Memorandum: Where the defendant so brazenly obstructed the operation of this system by targeting a juror, he committed a serious offense that must be punished accordingly. In sum, the nature of the crime weighs heavily in favor of a substantial sentence of no less than 63 months under §3553(a).

From Bill’s Sentencing Memorandum and Objections to PSR: In this case, three specific factors under 28 U.S.C. § 994(d) favor this Court’s grant of probation or time served, including: previous employment; family ties and responsibilities; and the degree upon which the defendant relies upon criminal activity for a livelihood…

…Defendant White is married and has a baby girl which demands his attention. This is especially true in light of his having just finished a term of incarceration for his convictions in Virginia. Additionally, Officer Rice verified Defendant White’s gainful employment as far back as 1996. PSR, pp. 14-15. White remained employed until his incarceration in these cases. Ultimately, all of the above factors are now appropriate for this Court to consider and all favor Defendant White receiving time served or probation so he may begin rebuilding his life.

I think Judge Adelman will side with Bill again, as he did in 2009 and 2011.

Case No. 13-cr-013 (Roanoke). Rude comments about Bill and the new indictment – people have been sending them. I’m not going to post them.

This case is assigned to Judge Turk, but I think he will throw it out.

Case No. 12-mj-02833 (Miami, Florida) – Bill sent some more letters to the court regarding his property, but Judge O’Sullivan did not change his ruling about the electronics that are being held.

If you think Bill has a screwy lot of cases, well, he did back in 2010 when I started this blog. His bankruptcy case was highly screwy all by itself. I just remembered his case with the lawyer Melissa Scoggins … that was still going on, the last time I checked, because she messed it up.

PACER is acting weird for me today, so that’s all the updates for now.

Bill White sentencing hearing in Chicago rescheduled AGAIN

UPDATED, January 28th. The sentencing hearing has been rescheduled for February 20th. Seems likely that Bill will stay in Chicago until his release date in April. Also, it is possible that he will get supervised release, again. 😦

ORIGINAL POST

There was something about a parole officer on the court document, which means, Bill is getting out on parole soon, I hope.

Bill missed the January 22 hearing because he was stranded in transit due to a plane breaking down.

This February 4th date means that Bill might be headed back to Loretto quite soon. The transit will take a week or more. Part of the trip is by a bus that only runs every so often.

Bill was in the SHU in Chicago at first, but in a short time he was put in a regular unit. I had a call from him yesterday. He sounded very, very upbeat.

His email is still screwed up (withheld), at least between myself and Bill. Supposedly, somebody is looking for a plot, but that makes no sense – you’d think an investigation would benefit from letting the suspects yack away.)

Judge Adelman is from Milwaukee, but he was asked to handle the “Matt Hale Juror” case in Chicago because all the Chicago judges were co-workers with Judge Joan Lefkow, who was involved with Matt Hale as the judge in the civil trademark infringement case and the victim in the Matt Hale criminal solicitation case.

Matt Hale, by the way, has his own hearing on Feb. 11 in an appeals court in Chicago. I don’t think he is going to be present at that, though. He was still in ADMAX in Colorado, as of this morning.

UNITED STATES OF AMERICA
Plaintiff,
v. Case No. 08-CR-851
WILLIAM WHITE
Defendant.
SCHEDULING ORDER
IT IS ORDERED that the sentencing set for January 22, 2013, is re-scheduled to Monday, February 4, 2013, at 9:00 a.m. The parties shall file any sentencing motions or memoranda on or before January 30, 2012.
Dated at Milwaukee, Wisconsin, this 18th day of January, 2013.
/s Lynn Adelman
______________________________
LYNN ADELMAN
District Judge