Make that three federal judges who are refusing to jail one of the "geriatrics,"
From the Knoxvillle News Sentinal -
3rd judge refuses to jail 'geriatric' gun seller
Federal jurist orders man to help Habitat for Humanity effort
By JAMIE SATTERFIELD, [email protected]
March 9, 2005
Make that three federal judges who are refusing to jail one of the "geriatrics," a band of elderly men hawking guns at flea markets.
U.S. District Court Senior Judge Leon Jordan on Tuesday turned aside a request by a federal prosecutor to imprison Albert Extine, who was 59 when he was nabbed in a U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives sting of illegal firearms dealers.
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Instead, Jordan sentenced Extine to three years of probation and ordered him to use his construction skills to volunteer with the Habitat for Humanity program.
Jordan is the third federal judge in Knoxville to shoot down the Justice Department's demand for prison terms in a case that was dubbed the "geriatrics" because most of the suspects arrested in the ATF sting were elderly men.
Senior Judge James H. Jarvis twice refused to jail 84-year-old Henry Bostic - even after an appellate court said he should. Jarvis also granted Parke Goins, 69, probation over protests of the Justice Department. Judge Tom Varlan gave Olen Allman, a 71-year-old retired steelworker, probation, a decision the 6th U.S. Circuit Court of Appeals later ordered him to reconsider.
Not all of the 23 men nabbed in the ATF sting operation, which targeted people hawking guns without a firearms license, escaped jail terms. Nine were imprisoned for terms ranging from a few months to a few years.
But Extine, Bostic, Allman and Goins were in a unique situation: All four were older men who had never been arrested. All four considered themselves hobbyists hawking weapons more for the fun of it than to turn a profit. And, all four were deemed ineligible for probation under federal sentencing guidelines.
Jarvis and Varlan were bound under federal law by those guidelines. Jordan, however, wasn't, thanks to a recent landmark U.S. Supreme Court ruling that rendered the sentencing guidelines as mere advice, rather than mandatory penalty ranges.
Assistant U.S. Attorney David Jennings, who won appellate reversals in the cases of Bostic, Allman and Goins, has defended the sting and prosecutors' push for prison.
He has noted the band of geriatrics sold more than 600 weapons during the undercover operation, many to convicted felons. Extine sold 31 guns, including one to a convicted felon.
Jennings also has argued that the sting came after guns sold at East Tennessee flea markets began showing up at crime scenes, including at least one homicide in another jurisdiction.
On Tuesday, Jennings repeated those same arguments as he found himself again on the defensive. He did not back down, though, insisting that Extine should be sentenced within the 30-month to 37-month penalty range called for under the guidelines.
"I think the court is probably aware (the cases) have generated some controversy," Jennings said. "I can sense the court's frustration with these cases, too."
Jordan nodded his head in agreement.
Attorney Bruce Poston said Extine was an uneducated, hard-working, Church of Christ member who lived in a trailer with no telephone.
"He (was) one of those faceless, law-abiding citizens who works hard and stays out of trouble," Poston said, adding that Extine stopped selling guns as soon as he learned it was illegal.
Jordan said he did not excuse Extine's crime but believed Extine deserved credit for his otherwise spotless background.
"It's most unusual that I have a defendant standing before me without any prior criminal history," Jordan said. "Mr. Extine, the court has given you mercy. I expect you to walk the line."
"Yes, sir, I will," Extine responded.
Jennings confirmed Tuesday that the Justice Department has decided not to appeal for a second time Jarvis' refusal to jail Bostic. He declined to say why, although he did note the Supreme Court in its landmark ruling made it tougher to successfully appeal a judge's sentencing decision.
New sentencing hearings for Allman and Goins are pending.
From the Knoxvillle News Sentinal -
3rd judge refuses to jail 'geriatric' gun seller
Federal jurist orders man to help Habitat for Humanity effort
By JAMIE SATTERFIELD, [email protected]
March 9, 2005
Make that three federal judges who are refusing to jail one of the "geriatrics," a band of elderly men hawking guns at flea markets.
U.S. District Court Senior Judge Leon Jordan on Tuesday turned aside a request by a federal prosecutor to imprison Albert Extine, who was 59 when he was nabbed in a U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives sting of illegal firearms dealers.
Advertisement
Instead, Jordan sentenced Extine to three years of probation and ordered him to use his construction skills to volunteer with the Habitat for Humanity program.
Jordan is the third federal judge in Knoxville to shoot down the Justice Department's demand for prison terms in a case that was dubbed the "geriatrics" because most of the suspects arrested in the ATF sting were elderly men.
Senior Judge James H. Jarvis twice refused to jail 84-year-old Henry Bostic - even after an appellate court said he should. Jarvis also granted Parke Goins, 69, probation over protests of the Justice Department. Judge Tom Varlan gave Olen Allman, a 71-year-old retired steelworker, probation, a decision the 6th U.S. Circuit Court of Appeals later ordered him to reconsider.
Not all of the 23 men nabbed in the ATF sting operation, which targeted people hawking guns without a firearms license, escaped jail terms. Nine were imprisoned for terms ranging from a few months to a few years.
But Extine, Bostic, Allman and Goins were in a unique situation: All four were older men who had never been arrested. All four considered themselves hobbyists hawking weapons more for the fun of it than to turn a profit. And, all four were deemed ineligible for probation under federal sentencing guidelines.
Jarvis and Varlan were bound under federal law by those guidelines. Jordan, however, wasn't, thanks to a recent landmark U.S. Supreme Court ruling that rendered the sentencing guidelines as mere advice, rather than mandatory penalty ranges.
Assistant U.S. Attorney David Jennings, who won appellate reversals in the cases of Bostic, Allman and Goins, has defended the sting and prosecutors' push for prison.
He has noted the band of geriatrics sold more than 600 weapons during the undercover operation, many to convicted felons. Extine sold 31 guns, including one to a convicted felon.
Jennings also has argued that the sting came after guns sold at East Tennessee flea markets began showing up at crime scenes, including at least one homicide in another jurisdiction.
On Tuesday, Jennings repeated those same arguments as he found himself again on the defensive. He did not back down, though, insisting that Extine should be sentenced within the 30-month to 37-month penalty range called for under the guidelines.
"I think the court is probably aware (the cases) have generated some controversy," Jennings said. "I can sense the court's frustration with these cases, too."
Jordan nodded his head in agreement.
Attorney Bruce Poston said Extine was an uneducated, hard-working, Church of Christ member who lived in a trailer with no telephone.
"He (was) one of those faceless, law-abiding citizens who works hard and stays out of trouble," Poston said, adding that Extine stopped selling guns as soon as he learned it was illegal.
Jordan said he did not excuse Extine's crime but believed Extine deserved credit for his otherwise spotless background.
"It's most unusual that I have a defendant standing before me without any prior criminal history," Jordan said. "Mr. Extine, the court has given you mercy. I expect you to walk the line."
"Yes, sir, I will," Extine responded.
Jennings confirmed Tuesday that the Justice Department has decided not to appeal for a second time Jarvis' refusal to jail Bostic. He declined to say why, although he did note the Supreme Court in its landmark ruling made it tougher to successfully appeal a judge's sentencing decision.
New sentencing hearings for Allman and Goins are pending.
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