Oregon Man May Have Title changed to "Terrorist" from "Saboteur"

Stanislas Meyerhoff's was convicted of conspiracy to commit arson and destruction of an energy facility of the United States on Monday, May 21. Federal prosecutors assert that Meyerhoff was a key figure in the Earth Liberation Front (ELF) cell that carried out a series of arsons and sabotage crimes across the West in the name of protecting the environment.^[1] They included attacks on a Vail, Colo., ski resort; national forest ranger stations; meatpacking plants; research laboratories; lumber company offices; a tree farm; and an auto dealership.^[2]

Meyerhoff's motives will be considered when he goes before a federal judge for sentencing on Tuesday.^[3] Meyerhoff will be the first of 10 militants sentenced in the government's Operation Backfire case. The others will be sentenced over the next few weeks. All 10 have pleaded guilty to charges of conspiracy and arson.^[4]

According to federal prosecutors, Meyerhoff had been involved in 21 separate criminal acts over three years, ranging from vandalism to arson and conspiracy to commit murder.
The federal government has recommended that Meyerhoff be sentenced to 15 years and 8 months in prison.^[5] The federal government is also asking U.S. Judge Ann Aiken to declare Meyerhoff and the nine others to be classified as terrorists.^[6]

Attorneys for the 10 say they are not terrorists, because they took precautions not to harm anyone, and his motivation could be the key to whether Judge Aiken decides to accept the government's argument that Meyerhoff is a domestic terrorist and subject to tougher sentencing.^[7]

Judge Aiken asserted in the opinion, “[t]he court finds that the terrorism enhancement under § 3A1.4 may apply to defendants' convictions for conspiracy under 18 USC § 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.”^[8]

Aiken ruled Monday that Meyerhoff and the other defendants could be designated terrorists, but that doesn't mean she will give them that label, she stated that she would listen to arguments at each sentencing before deciding whether a "terrorism enhancement" may be applied to a particular defendant.^[9] If they are ruled to be terrorists, this is not likely to boost any time they will spend in prison because prosecution recommendations, which balance the seriousness of the crimes against how much defendants cooperate with investigators, already include the time recommended; it could, however, send them to tougher prisons.^[10]

Sabotage
In order for one to be convicted of sabotage, the government prosecutor, Assistant United States Attorney (AUSA), must prove beyond a reasonable doubt;1) That the defendant delivered, placed, discharged, or detonated an explosive device in, on, or against any place of public use, federal government facility, public transportation system, or infrastructure facility; or 2) that the defendant conspired to deliver, place, discharge, or detonate an explosive device in, on, or against any place of public use, federal government facility, public transportation system, or infrastructure facility; or3) that the defendant acted with the intention of causing death, serious bodily injury, or extensive destruction which caused, or was likely to cause, serious economic loss.^[11]

The crime of Destruction of an Energy Facility of the United States has been previoiusly discussed in this blog, here.

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^[1] William McCall, Oregon Man to Be Sentenced for Sabotage, Associated Press Newswire, May 21, 2007, available at LEXIS, News Library, Wire News Services.
^[2] Id.
^[3] Id.
^[4] Id. The rest of the co-defendants face sentences ranging from less than eight years to just over three years, except for Kevin Tubbs, 14 years, and Chelsea Dawn Gerlach, 10 years.
^[5] Id.
^[6] Id.
^[7] Id.
^[8] United States v. Meyerhoff, No. 06-60078 (D. Ore. May 21, 2007)(mem.).
^[9] Id.
^[10] McCall, supra note 1.
^[11] Bombings of Places of Public Use, Government Facilities, Public Transportation Systems, and Infrastructure Facilities, 18 U.S.C. § 2332f (2007)