Ok. On to the sentencing phase. Judge commented on the following things.
My knowledge of the different jurisdictions we have sovereignty. Knowledge of weapons and military training that make me particularly dangerous. Claims I knew the weapon was a MG as per testimony, even though the testimony was recanted and the only statement from me to the local Pd was I know what a MG is and that is not it. Claimed I have ties to vigilantly militia groups. Points to a email between me and the minute men discussing stopping down and helping out someday as proof of the allegation. Points to pdf manual of conversions as proof I somehow meant this to happen. (Thought this was about a malfunctioning gun?) As addition proof I meant this to happen says I wanted Mr. Kerniki to shoot it as an auto, why else would I give him 100 rounds every 2 weeks. Adds that I admit knowledge of FA to the LEOís. Leaves out the part where I added I donít have the skill for machining. Talks about a CCW case that was tossed after I produced a video of the gun in the open and a 911 tape with the caller saying it was open carry. Said it didnít matter if the charge was dropped and that it was openly carried (legal in WI), anyone who carries a gun in public is endangering public safety (LEO anyone?). Especially if children are around. Points to a mystery document supposedly a letter of reprimand from the army. No proof of service was included with this document. ATF says they did not get it from the Army, but found it in the data on one of the hard drives taken. Document claims I destroyed data on military computers, sold or transferred military data to outside militia or terrorist groups, and was AWOL. I have JAG looking into this BS now. Will know more later. Interesting to note this happened at the same time I received an Honorable discharge and AAM for maintaining Army computers and improving unit data processing. Not sure how I can supposedly be doing both things at the same time, but I will find out. Brings up the giving of ammunition is evidence of some kind of illicit profit making on my part somewhere and that I must have been ignoring the law somewhere to do that. Claims all of the above is proof of less than honorable service in the military and willful disregard of the law. Goes over cases showing people who had real MGís on a first offence and were either given 12 months probation of let off with a deferred prosecution agreement. Says just because itís done doesnít mean it should be done in this case, and that an example must be set to deture others from committing the same crime.
End result is a sentence as follows:
30 months confinement (26 served with good behavior).
2 years probation with 30 hours community service each year.
No guns or drugs
$100.00 Special assessment
Points out importance of submission to federal system
Puts on the record that He has no reason to believe I am a flight risk or that I would misbehave in anyway. Says I have been polite and co operative throughout the entire process. As such I am not remanded to custody, but will self report when noticed at my expense.
Notice of appeal was put on the record.
Judge would not issue a stay of execution of sentence at his level; one is being put in for at the next level.
Some other paperwork is being done, not clear on it all yet. When I know more I will post it.