Eco-Sabotage Cases: Judge Aiken Rules on "Terrorism Enhancements"

Portland Indymedia

[5/21/07] This evening, Judge Ann Aiken issued her ruling on whether the "Terrorism Enhancement" could apply to the District of Oregon federal defendants in the "Operation Backfire" eco-sabotage cases. Although Judge Aiken stated that this enhancement may apply, the government still has to provide clear and convincing evidence that the enhancement applies in the case of each individual defendant.

Terrorism Enhancement ruling, 5/21/07 http://stream.paranode.com/imc/portland/media/2007/05/359740.pdf

From Judge Ann Aiken's ruling:
"The court finds that the terrorism enhancement under § 3A1.4 may apply to defendants' convictions for conspiracy under 18 U.S.C. § 371 if the government establishes that defendants' participation in the conspiracy involved or was intended to promote a "federal crime of terrorism." Further, the court finds that a "federal crime of terrorism" does not require that the offense create a substantial risk of injury or transcend national boundaries. [...] The court also finds that the increase in criminal history category under § 3A1.4 does not violate defendants' Sixth Amendment rights. Finally, the government must establish the applicability of the terrorism enhancement by clear and convincing evidence."

Notes from last week's hearings on the sentencing enhancement are available here.