Archive for the ‘Fourth Circuit’ Category

March 15, 2013

They left Bill White at the May release date so long, I began to think, maybe the Judge was pulling a weird Willie Wonka (Gene Wilder version) mind game on Bill, and Bill really was going to be released in May, but no. The other day the BOP changed his status to release date unknown.

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

There is nothing new on the wife threats case. Speculation on the missing documents two and three – they are probably search warrants. Speculation on why the search warrants are not posted – feds are looking for more people to draw into a conspiracy to threaten.

Then again, no deadlines or hearings have been set for this case, 7:13-cr-00013-JCT. So, maybe these charges are a tactic to keep Bill in prison indefinitely. (Which is what I thought they would do when they arrested him back in June last year.)

Sorry for the abrupt ending. I am tired and run down today.

Updates on the Appeals, etc.

March 5, 2013

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!

September 12 – Bill White gets 10 months for parole violation.

September 12, 2012

Evening Edition – heard from Bill. His probation is over. I can post what I want. Neither my blog or any other internet stuff was allowed to be brought up in court. The psych report was not brought up, but there was testimony about Bill’s stress-induced problems, such as his “waking nightmares.” The judge said he is NOT giving Bill any more time at the re-sentencing. Bill will still be in Roanoke until the October hearing. Then he thinks he will be going to Petersburg, which is a low security prison. He is talking about halfway houses, but his trying to get himself into one was such a nightmare in 2010, I don’t want to know!

Bill’s time served is debatable, somehow, it’s either 3 1/2 months or 7 months, at any rate, he thinks he will be out sometime between Dec. 31 and April 7. As I said, there are other cases and potential cases out there, so who knows what could happen, but everything went okay, today.

Updated 2 P.M. Roanoke time – new details from a short Scott Leamon of WSLS article. So, Bill gets credit for three months time served, and I think Bill even has some time from Chicago in 2011 left that might get applied. But there is that re-sentencing and maybe some other things on the back burners, don’t know what could happen with those.

From WSLS:

– White gets credit for the time he’s already served.

– He has been in federal custody since June.

– In court, Turk described the sentence as “powerfully lenient,” explaining he based his decision on the fact that White had served approximately one year of his probation without incident, and he hopes White can turn his life around.

White requested to serve his sentence at a federal prison facility in Petersburg.


Updated –

Everyone tells me four to tenth months is usual for a guilty plea in a parole violation case. Bill White plead guilty and got the maximum under the guidelines. The article doesn’t say whether he gets credit for time served.

Crummy Hammack article –

William A. White to serve additional 10 months for parole violation
Authorities apprehended White in Mexico in June. He has been held without bond since.

By Laurence Hammack
981-3239
William White
Updated 11:15 a.m.
William A. White was sentenced to an additional 10 months in prison for violating his parole.

“I’m sorry for leaving the country without permission,” White told U.S. District Judge James Turk.

White said he had been held in solitary confinement in a supermax prison and had a hard time readjusting to society, and he blamed others for his problems. “I tried to start my life over, and I went about it the wrong way,” he said. “I’d like a chance to try to do it again.”

Posted 9:48 a.m.
Former neo-Nazi leader William A. White is due in court today for a parole violation hearing.

White faces the possibility of additional prison time for an unauthorized trip to Mexico.

The hearing is scheduled for 10 a.m. today before U.S. District Judge James Turk.

White, the leader of a Roanoke-based neo-Nazi group who gained a national reputation for posting his inflammatory views online, was convicted in 2009 of making racially-charged threats.

After serving nearly three years in prison, he was let out in April 2011 and placed on supervised release, or parole, for three years.

By then, White’s organization and the website he used to promote his hate were defunct.

In May, authorities charged White with violating his parole by moving out of his Rockbridge County home without informing his probation officer.

Although White boasted on his Facebook page that authorities would not be able to find him, his whereabouts remained a mystery for less than a month.

Authorities tracked White down to Playa del Carmen, a resort town south of Cancun, and apprehended him June 8 in the parking lot of a Walmart. He has been held without bond since.

In a motion filed last week in Roanoke’s federal court, Assistant U.S. Attorney Patrick Hogeboom asked Turk to send White back to prison for six years.

Hogeboom called White’s unauthorized trip to Mexico “well-planned and orchestrated to make his apprehension difficult.”

“On their face, the defendant’s violations do not appear to be all that serious,” Hogeboom wrote.

“After all, many a country song has been written about leaving your cares behind to go to Mexico. Although an idyllic and romantic thought, it is doubtful that any of the song writers were referring to Supervised Release as the trouble to leave behind.”

Updated Wednesday, September 12, 2012, 7:17 AM –

10:00:00 AM – Roanoke/Courtroom 2, Room 202/Supervised Release Revocation Hearing/William White/7:08CR54


Strangely disconnected musings by the government in Document #303:

“…The victim’s concerns were not reduced when internet postings began appearing soon after WHITE left the country. The postings continued even after he was apprehended. A WordPress.com blog, styled “The Bill White Trial Update/Following the Political Persecution”, was full of information that could only have come from the Defendant. For example, a May 24, 2012, posting, styled Bill White’s First Public Posting after leaving the USA, stated “… I left the United States several weeks ago after accepting an offer of asylum from a foreign nation that shares my view that the United States government is not legitimate. I shall not be returning.-Bill White, May 2012″. Although not a separate violation, his postings are relevant in determining an appropriate sentence…”

Ahem! May 24th was before Bill White was apprehended on June 8th. But the “First Public Statement” had appeared even earlier on some other websites. For example, see this May 13th post made by someone called Maeve on “The Daily Paul”:

Screen shot made on Sept. 12, 2012 from:
http://www.dailypaul.com/232984/govt-trying-to-implicate-ron-and-rand-paul-in-terrorist-activities


Click to enlarge. Red circle on date added by BWTU.

There’s another level of “implications” in the above material; people who have been following the case since last spring may have picked up on this. But, this morning is not the time to go into it.

Bill White sentencing hearing tomorrow morning, 10 a.m.

September 11, 2012

White’s lawyer filed paperwork asking the judge to sentence White to the amount of time he’s already served, he’s been in prison since June, or consider a possible house arrest at White’s parents home in Maryland. – SCOTT LEAMON, WSLS 10. See #2, below.

1. Government admits the violations are not “all that serious”, but still asks for six years for Neo-Nazi Bill White.

From Document #303: The three violations of Supervised Release at issue are: leaving the judicial district without permission; failing to submit a written report; and failing to notify the Probation Officer prior to changing his residence. For the reasons stated below, the United States urges this Honorable Court to sentence the Defendant to a term of two years for each of the three violations and run the terms of incarceration consecutively…. Title 18, United States Code, Section 3553(a) provides that “[t]he Court shall impose a sentence sufficient, but not greater than necessary, to comply with the purposes” of sentencing. 18 U.S.C. § 3553(a). Those purposes are “(A) to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense; (B) to afford adequate deterrence to criminal conduct; (C) to protect the public from further crimes of the defendant; and (D) to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner.” 18 U.S.C. § 3553(a)(2). When applying those factors to this case, a substantial sentence is appropriate.

On their face, the Defendant’s violation do not appear to be all that serious. After all, many a country song has been written about leaving your cares behind and going to Mexico. Although an idyllic and romantic thought, it is doubtful that any of the song writers were referring to Supervised Release as the trouble to leave behind. His escape was well planned and orchestrated to make his apprehension difficult. Law enforcement utilized valuable financial and human resources to track him down and arrest him.

2. Neo Nazi Bill White to be sentenced tomorrow

By: SCOTT LEAMON | WSLS 10
Published: September 11, 2012

Federal court records reveal the prison sentence prosecutors will ask a judge to hand Neo Nazi Bill White tomorrow morning.

Federal prosecutors want to revoke White’s bond after an unauthorized trip to Mexico last spring.

Court papers show prosecutors will ask the judge to put White back in prison for six years, two years for each stipulation they claim he violated in the terms of his probation.

White’s lawyer filed paperwork asking the judge to sentence White to the amount of time he’s already served, he’s been in prison since June, or consider a possible house arrest at White’s parents home in Maryland.

The hearing is set to begin at 10 a.m.

The $882,792 Letter

July 17, 2012

Read the letter that Bill White sent to the Virginia Beach Tenants:

civil rights error

You can’t say that!


Screen shot of the “Dear Whiney Section Eight Ngger” letter from United States v. White

Heard from Bill White in Miami federal prison today

June 22, 2012

UPDATED JUNE 26TH – PLEASE DON’T SEND BOOKS OR MONEY TO BILL WHITE AT THIS TIME. WAIT UNTIL HE IS BACK IN VIRGINIA. HE IS GOING TO BE MOVED FROM MIAMI, SOON.

ORIGINAL POST –

Got a prison email from him this morning. He sounds like he is fine.

He said he sent me some letters, but I have not received any of them, yet. Bill doesn’t want me to post about his case, but this is what he said can be posted here:

Bill White wrote on June 22, 2012 –

“… the US Marshals seized a phone from me without SIM card, and an encrypted computer using technology the US government has had trouble with in the past. I would expect anyone claiming to have any records of phone calls or electronic information from me is lying. I also, I believe, lost most of my luggage in Cozumel..”

I have been released from the SHU into population. Hopefully, I will stay here.

This is my first day on email and with phone access. I’ve sent about a dozen people letters, and need contact info for several more. If you didn’t get the story of my battle with Mexican Migracion and the Policia, I will retell it later.

Get back to me, and I will be back online later… [SNIP]

Please put my address out there. People can send money to my commissary account, or books to me here; I am good with money at the moment. Also, I believe the Roanoke PO Box is still good, but need to check.

Have to go and update my contacts. TTYL.

— aka WHITE


Write to Bill White:

WILLIAM A. WHITE #13888-084
FDC MIAMI
FEDERAL DETENTION CENTER
P.O. BOX 019120
MIAMI, FL 33101

Note: Bill has a removal hearing on Monday, but he thinks he will be in Miami for a while.

UPDATED JUNE 26TH – PLEASE DON’T SEND BOOKS OR MONEY TO BILL WHITE AT THIS TIME. WAIT UNTIL HE IS BACK IN VIRGINIA. HE IS GOING TO BE MOVED FROM MIAMI, SOON.

Bill White’s First Public Posting after Leaving the USA

May 24, 2012

…I left the United States several weeks ago after accepting an offer of asylum from a foreign nation that shares my view that the United States government is not legitimate. I shall not be returning.– Bill White, May 2012

___________________________________________________________
Bill White’s post on Facebook –

Well, this is my first public posting on Facebook since my release from the Supermax level of an American detention facility on April 20, 2011.

If you have paid attention to my case — not what the liars at the Roanoke Times have reported, but the truth about my case — the US federal government arrested me without cause on October 17, 2008 and then framed me for various crimes in an effort to st…ifle statements I was making critical of not only the current administration of the United States, but the social, cultural and political frameworks of American society. The government seized a magazine I own and several webservers and held me in a variety of prisons, ranging in level from Medium to Super-Maximum, in an effort to compel me to confess to various crimes that did not occur.

In particular, for the first week after my arrest, I was held in the bullpen at the Roanoke City Jail, where I was subjected to a continuous bright light and to constant banging on my cell in an effort to prevent me from sleeping. I was denied visitation and I was denied access to hygeine such as a toothbrush and a shower.

When I was transferred to the Metropolitan Correctional Center in Chicago, I was held in an unheated cell in the Chicago winter for five days. During that time, I was given only a torn piece of a jumpsuit to wear and a single torn blanket. The temperature in that cell I was told was below twenty degrees at times.

Later in the month of November, I was transferred to a separate cell that was flooded with human feces, and witnessed other inmates being stripped naked and beaten by guards, often on videotape.

The US government performed these acts against me in an effort to compel my confession to an attempt to assassinate Barack Obama that did not exist. In fact, most so-called terrorist incidents within the United States do not exist. The FBI and the US government are fabricating “terrorist” plots with perjured testimony and confessions extracted under torture in an effort to terrorize and deceive the US public.

Throughout these proceedings, the US government worked closely with the Roanoke Times newspaper to present false information to the general public in an effort to secure my conviction. When it became clear they would not be able to secure a conviction on the charge for which I was arrested — the alleged plot to assassinate a juror in the Matthew Hale case — or a confession, the US government charged with numerous petty cases in an effort to justify my detention, and judge shopped to find someone — in this case Judge James C Turk — who would be willing to rubber stamp their bogus charges. Working with the Roanoke Times to influence public opinion was key in this matter.

After my trial in Roanoke, I was repeatedly told by the US government that if I would confess to crimes which did not occur and testify before Congress as to my involvement in a right wing terrorist conspiracy that stretched from Congressman Ron Paul and Senator Rand Paul to the Ku Klux Klan and “nazi skinheads”, and which centered on the World Church of the Creator, that I would be freed and eventually pardoned for my crimes. I refused. Because of my refusal, I was taken from a medium security facility in Beckley, West Virginia, and returned to Supermax conditions, where I was brutalized for an additional eight months and told that if I did not cooperate I would held and tortured for as long as the government could possibly hold me. During this latter period I was also drugged in an effort to extract a confession.

Earlier this year, the US federal government bribed my appellate counsel, Melissa Warner Scoggins, of Warren and Associates, PLC, into not filing papers to appeal my case to the Fourth Circuit Court of Appeals. This act of bribery is consistent with other information I had received indicating that a group of agents within the Federal Bureau of Investigation and their supervisors in the United States Attorneys Office had made an agreement to “destroy” me at all costs, including killing me should they be unable to secure my conviction. This is because of their belief that a “broad conspiracy” of “white supremacists” were responsible for the killing of the family of US District Judge Joan Lefkow, among other acts, and their mistaken belief that I was somehow involved in that conspiracy. (I was not.)

For these reasons I left the United States several weeks ago after accepting an offer of asylum from a foreign nation that shares my view that the United States government is not legitimate. I shall not be returning.

Further, for those who believe that one cannot use the internet without having one’s location tracked, I am utilizing a multi-level proxy and anonymizing service to post to this account. I was using one of my own devising; I am now using a better one. The US government does not have the technology necessary to penetrate through to the root IP.

I am aware that all of my Facebook and email records from US providers will eventually be subpoenaed, as well as the limits of the current technology used to monitor cellular telephones and international travel.

I am doing well but am looking to expand my work as a writer. Anyone with a serious interest in licensing my work or commissioning new work should respond here or send an email to dhyphen@yahoo.com. Donations to help me settle in my new land are also welcome.

Thank all of you who support me. The United States has become an evil empire more dangerous to world security than the former Soviet Union, and its government must be overturned if the peoples of the world are going to remain free.

That maniacal laughter you hear…

May 24, 2012

… is Bill White in Tehran, Iran reading the press coverage back in Virginia of his disappearance.

Bill White’s Facebook page:

http://www.facebook.com/bill.white.7370?ref=ts

Is it Bill White or someone/some group trying to make Bill White look bad? It actually looks more like a fake anti-Bill White page than anything else!

HADDING SCOTT is rumored to be very happy with the recent turn of events.

Hadding’s comment on the phora forum this morning: If you look at some of the news-links that White has posted there and then compare the information in the report with his interpretation, there is no relationship. Bill White lets his paranoid imagination and his impetuous nature get the better of him.

Granted that he’s gotten some unfair treatment, but what he’s doing right now, flying off the handle like this, is self-destructive (unless, arguably, he somehow really is in Iran).

I see that he’s still talking about intimidating judges and prosecutors on his Facebook page.

Even if what he is doing somehow isn’t self-destructive, White’s attempt to stir up “neo-nazi terror”is very damaging to us. George Lincoln Rockwell would have had nothing to do with that.

This is what you get when an ARA type flips and decides to become a racist. The ideology changes but the chaotic personality type is the same as it ever was.

http://www.thephora.net/forum/showthread.php?t=81756

_______________________________________

VNN Forum’s “Bill White a Fugitive” thread-

http://www.vnnforum.com/showthread.php?t=142043

Opinion for Bill White’s Case 708cr00054 Appeal before Niemeyer, Duncan and Floyd

March 3, 2012

Bill White says he is taking this to the Supreme Court.


Appeals from the United States District Court
for the Western District of Virginia, at Roanoke.
James C. Turk, Senior District Judge.
(7:08-cr-00054-JCT-1)
Argued: October 28, 2011
Decided: March 1, 2012
Before NIEMEYER, DUNCAN, and FLOYD,
Circuit Judges.

Conviction affirmed, sentence vacated, and case remanded for
resentencing by published opinion. Judge Niemeyer wrote the
opinion for the court, in which Judge Duncan joined and
Judge Floyd joined in part. Judge Duncan wrote a separate
concurring opinion. Judge Floyd wrote a separate opinion
concurring in part and dissenting in part.

COUNSEL

ARGUED: Linda F. Thome, UNITED STATES DEPARTMENT
OF JUSTICE, Washington, D.C., for the United
States. Melissa Warner Scoggins, WARREN & ASSOCIATES,
PLC, Norfolk, Virginia, for William A. White. ON
BRIEF: Thomas E. Perez, Assistant Attorney General, Jessica
Dunsay Silver, Tovah R. Calderon, UNITED STATES
DEPARTMENT OF JUSTICE, Washington, D.C., for the
United States. Rebecca K. Glenberg, Gabriel Z. Walters,
AMERICAN CIVIL LIBERTIES UNION OF VIRGINIA
FOUNDATION, INC., Richmond, Virginia, for Amicus Supporting
William A. White.

OPINION
NIEMEYER, Circuit Judge:
A jury convicted William White, the “Commander” of the
American National Socialist Workers’ Party, on four counts
(of a seven-count indictment), Counts 1, 3, 5, and 6.
The convictionson Counts 1, 5, and 6
were for transmitting in interstate
commerce — by email, U.S. Mail, and telephone —
threats to injure or intimidate individuals, in violation of 18
U.S.C. § 875(c) (prohibiting interstate communications containing
threats to injure a person), and the conviction on
Count 3 was for violating 18 U.S.C. § 1512(b)(1) (prohibiting
the intimidation of individuals to “influence, delay, or prevent
the[ir] testimony”).

On White’s Rule 29 motion for judgment of acquittal,
based on arguments that his communications were political
speech protected by the First Amendment and, in any event,
the evidence was insufficient to support a finding of guilt, the
district court denied the motion as to Counts 1, 3, and 5 and
granted it as to Count 6. The court sentenced White to 30
months’ imprisonment, rejecting the government’s argument
for a sentencing enhancement because of the vulnerability of
some victims of the crime charged in Count 3.

The government appealed the district court’s judgment of
acquittal on Count 6 and its refusal to apply the sentencing
enhancement for vulnerable victims on Count 3, and White
appealed the district court’s refusal to grant his Rule 29
motion as to Counts 1, 3, and 5 and to sustain his objection
to Count 3 based on constructive amendment of the indictment.
For the reasons that follow, we affirm the district court’s
rulings on the Rule 29 motions as to all four counts, and we
affirm White’s convictions on Counts 1, 3, and 5, but we
vacate White’s sentence and remand for resentencing because
the district court applied an incorrect standard in deciding
whether to consider an enhancement for victims’ vulnerability…

Read the entire Opinion here
BillWhiteopinion2012

Note: Count Six is for Richard Warman.

Hammack Article on Bill White’s Roanoke Appeal and Sentencing

March 2, 2012

Bill White wrote on Facebook:

The Roanoke Times is today running an article claiming I will serve an additional three months in prison. This is incorrect. Even if my sentence were to change, I have already served the additional three months on the solicitation of murder case that was thrown out.

Bill White’s Facebook page:
http://www.facebook.com/yahoo#!/profile.php?id=100003247280163


Appeals court orders new sentencing for former neo-Nazi leader White
By Laurence Hammack | The Roanoke Times
Source: http://www.roanoke.com/news/breaking/wb/305617

A federal appeals court has thrown out William A. White’s prison sentence, but that may not be good news for the former neo-Nazi leader.

White, who was sentenced to 30 months in prison in 2010 for making racially charged threats, could actually serve more time as the result of the ruling.

In a decision released today, the 4th U.S. Circuit Court of Appeals ruled that Judge James Turk applied an incorrect legal standard when he sentenced White. The court ordered a new sentencing in the case.

White, who was released from prison last spring and has been living in Rockbridge County, could face an additional three months when his case goes back to Turk’s court.

As the former leader of the Roanoke-based American National Socialist Workers Party, White gained a reputation for racially incendiary language on his website and other venues.

A jury convicted him in 2009 on four counts of making threats, rejecting White’s argument that words alone, no matter how hateful, were protected by the First Amendment. Turk later threw out one of the convictions.

Both sides appealed, with White arguing that he should not have been convicted and the government arguing that Turk was wrong to dismiss one of the convictions.

In a 50-page decision released this afternoon, a three-judge panel let the convictions and dismissal stand, but took issue with Turk’s sentence in one of the three cases.

In that case, White was convicted of sending threatening letters to tenants of a Virginia Beach apartment complex who had filed a housing discrimination lawsuit against their white landlord.

The letters, addressed to “Whiny Section 8 N—–,” called them dirty parasites who had been “noticed” by the white community. “Our patience with you and the government that coddles you runs thin,” White wrote.

Because at least one of the tenants had young children, the government argued that White should have received an enhanced sentence.

Turk erred by declining to impose the sentencing guideline and the stiffer punishment it called for, the appeals court ruled.

Although it’s not certain what will happen at the second sentencing hearing, it appears that the ruling calls for a minimum sentence that’s three months longer than the 30-month term White received two years ago, according to Ray Ferris, a Roanoke attorney who represented him.


White Reference blog post on the latest court ruling –

Friday, March 02, 2012

Former National Socialist Activist Bill White Gets Prison Sentence Set Aside By Fourth U.S. Circuit Court Appeals, But Convictions Upheld

Former national socialist activist Bill White got good news and bad news from the Fourth U.S. Circuit Court of Appeals on March 1st, 2012. The good news — they set aside White’s 30-month prison sentence for making racially charged threats. The bad news — they did not set aside the convictions, which are listed HERE. This has generated fears that White could be sent back to prison for at least three months. Primary stories from the Roanoke Times and WSLS Channel 10.

Bill White initiated the appeal, contending that he should not have been convicted, while the government countered by contending that Judge James Turk was wrong to dismiss one of the four convictions. The conviction dismissed was in the Richard Warman case; because Warman was a public anti-racist activist who had even gone so far as to masquerade as a white nationalist on Stormfront, Judge Turk decided he was fair game for White’s activism.

The three-judge appeals panel decided that Judge Turk erred in sentencing in the case of the tenants of a Virginia Beach apartment complex who had filed a housing discrimination lawsuit against their white landlord. They determined that because at least one of the tenants had young children, this case called for an enhanced sentence for targeting especially vulnerable victims. Judge Turk failed to consider this in his sentencing, so the Appeals Court decided that the case should be returned to Judge Turk for re-sentencing. According to according to Ray Ferris, a Roanoke attorney who originally defended White on the charges, the ruling calls for a minimum sentence that is three months longer than White’s original 30-month term. No new sentencing date has been set.

— Read the full 50-page decision in 104241.P US v. William White HERE.

Click to access 104241.P.pdf

The Bill White Trial blog estimates that the federal government squandered over $1 million to prosecute this case — and that was before the trial even began. In a May 2011 article published by the American Free Press, White said that his arrest was actually prompted by a false claim by FBI informant Hal Turner that he was planning to assassinate President Barack Obama by detonating a truck bomb at the Poff Federal Building in Roanoke, VA. But although the government ultimately determined there was no bomb, they were determined to get their pound of flesh, and so they charged him with a series of free speech violations for publishing a website and magazine critical of the government. They were using those charges as leverage to get White to testify to a “neo-nazi domestic terrorist conspiracy” and perjure himself before a grand jury and Congress, implicating their political enemies. Since White refused, the Feds pressed on with their prosecution.

One million dollars down the drain — and all because the federal government had too much pride to admit they made a mistake. Will the government be stupid and stubborn enough to spend more tax dollars to send him back to prison for three months just to get another pound of flesh?
Posted by Anchorage Activist at 1:32 AM Labels: Bill White, judicial terrorism
http://whitereference.blogspot.com/2012/03/former-national-socialist-activist-bill.html