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In June 2001, environmental activist Jeff Luers was sentenced to 22 years, eight months for burning three SUVs - to raise awareness how gas-guzzling vehicles exacerbate global warming. No one was hurt, $40,000 in damages resulted, and the vehicles were refurbished and sold.
A political prisoner, Luers appealed in January 2002, his hearing held in November 2005, and on February 14, 2007 the Appeals Court remanded his case to the Circuit Court for resentencing. On February 28, 2008, it was reduced to 10 years, a hopeful sign for McDavid, Mason and others like them, wrongfully imprisoned for their activism and honor.
Calling his sentence "fair, just, and reasonable," Judge Morrison C. England found McDavid's talk and items bought "very serious....with respect to the disruption of the Government....There was no question that this....was a conspiracy, and (its) object (was) federal buildings or locations....this is a new world after September 11, 2001...."
"So when taking all of these factors into consideration, it is the judgment and sentence of this Court that in accordance with the Sentencing Reform Act of 1984, that the defendant, Eric McDavid, will be sentenced to 235 months in federal prison. (He) will also pay a special assessment of $100 immediately....Upon release from imprisonment, Mr. McDavid will be placed on supervised release for a term of 36 months."
Imprisoned at FCI Victorville, Medium II, Adelanto, CA, McDavid's appealing his conviction and sentence.
A Final Comment
On August 9, the San Francisco-based 9th Circuit Court of Appeals heard McDavid's oral arguments, focused mainly on "the incorrect written response to a question the jurors asked during deliberations....the oral answer (given) was the complete opposite from the written" one, after which jurors quickly reached a guilty verdict.
Afterwards, however, the deception outraged juror Diane Bennett, saying:
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