Michael Robert Hogan | |
---|---|
Senior Judge of the United States District Court for the District of Oregon | |
In office September 24, 2011 –November 1, 2012 | |
Chief Judge of the United States District Court for the District of Oregon | |
In office 1995–2002 | |
Preceded by | James A. Redden |
Succeeded by | Ancer L. Haggerty |
Judge of the United States District Court for the District of Oregon | |
In office September 16,1991 –September 24,2011 | |
Appointed by | George H. W. Bush |
Preceded by | Seat established by 104 Stat. 5089 |
Succeeded by | Michael J. McShane |
Magistrate Judge of the United States District Court for the District of Oregon | |
In office 1973–1991 | |
Bankruptcy Judge of the United States District Court for the District of Oregon | |
In office 1973–1980 | |
Personal details | |
Born | Michael Robert Hogan September 24,1946 Oregon City,Oregon |
Education | University of Oregon (BA) Georgetown University Law Center (JD) |
Michael Robert Hogan (born September 24,1946) [1] [2] is a former United States district judge of the United States District Court for the District of Oregon. He served as chief judge from 1995 to 2002. He was based at the Wayne L. Morse United States Courthouse in Eugene,Oregon. While he was Chief Judge,he was an influential force on the design of the new courthouse. [3] He took senior status with the court on September 24,2011 [4] and retired on November 1,2012.
Born in Oregon City,Oregon,Hogan received a Bachelor of Arts degree,with honors,from the University of Oregon in 1968 and received his Juris Doctor from Georgetown University Law Center in 1971. [1] [5] Hogan was a law clerk for Judge Robert C. Belloni after law school. He then went into private practice in Portland before becoming a bankruptcy judge with the District Court in 1973. Later he continued with the district as a United States Magistrate.
On June 27,1991,Hogan was nominated by President George H. W. Bush to a new seat on the United States District Court for the District of Oregon created by 104 Stat. 5089. Hogan was confirmed by the United States Senate on September 12,1991,and received commission on September 16,1991. He served as Chief Judge from 1995 to 2002,took senior status on September 24,2011,and retired on November 1,2012. [6]
In June 1994,the Malheur National Wildlife Refuge manager notified Dwight Hammond that his permit to graze his cattle and grow hay on the refuge was revoked. Two months later,Hammond and his son Steven obstructed the completion of a refuge boundary fence intended to keep their cattle out of the refuge's protected marsh and wetland,prompting their arrest by federal agents. The fence was needed to stop the Hammonds' cattle from moving onto the refuge after the ranchers had repeatedly violated the terms of their special grazing permit,which limited those times when they could move their cattle across refuge property. [7] [8] Officials also reported that Dwight had made death threats against refuge managers in 1986,1988,1991,and 1994;and that Steven Hammond also made incendiary remarks against them. [9] [10] [7]
In 1999 Steven started a fire,intending to burn off juniper trees and sagebrush,but the fire escaped onto BLM land. The agency reminded him of the required burn permit and that if the fires continued,there would be legal consequences. [11] Both Dwight and Steven Hammond later set more fires,one in 2001 and one in 2006,that would lead to eventual convictions of arson on federal land: [12] [13] The 2001 Hardie-Hammond fire began after hunters in the area witnessed the Hammonds illegally slaughtering a herd of deer. [14] Less than two hours later,a fire erupted,forcing the hunters to leave the area but also intending to conceal evidence of the deer herd slaughter. [15] Steven's nephew Dusty Hammond testified his uncle told him to "light the whole countryside on fire," and that in doing so. he was "almost burned up in the fire," having to flee for his life. [11] [16] The Hammonds claimed they started the fire to stop invasive plants from growing onto their grazing fields. [17] The 2006 Krumbo Butte fire started out as a wildfire,but several illegal backburns were set by the Hammonds with an intent of protecting their winter feed. The backfires were set under the cover of night,without warning the firefighters they knew were camped on the slopes above. [15] [18] The fires threatened to trap four BLM firefighters. One of those later confronted Dwight Hammond at the fire scene after he had moved his crews to avoid the danger. [15] [16] Two days later,Steven Hammond threatened to frame a BLM employee with arson if he didn't terminate the investigation. [17] In 2012,the Hammonds were tried in federal district court on multiple charges. During a break in jury deliberations,partial verdicts were rendered,convicting them on two counts of arson on federal land. [15] Striking a plea bargain,in order to have the four remaining charges dismissed and for sentences on the two convictions to run concurrently,the Hammonds waived their rights to appeal their convictions. They knew the trial would proceed to sentencing at which the prosecution intended to seek imposition of the statute's mandatory five-year minimum sentences, [15] [19] under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). [18] [20] [21] [22] Judge Hogan independently decided that sentences of that length "would shock the conscience" and would violate the constitutional prohibition on cruel and unusual punishment. On his last day on the bench before retiring,October 31,2012,Hogan instead sentenced Dwight Hammond to three months' imprisonment and Steven Hammond to a year and a day's imprisonment and then retired on November 1,2012. [23] [24] Both men served those sentences.
However,in what was described by one source as a "rare" action, [25] the government (represented by the United States Attorney's Office for the District of Oregon,led by U.S. Attorney Amanda Marshall) successfully appealed the sentence to the United States Court of Appeals for the Ninth Circuit. The appellate court upheld the mandatory-minimum law,writing that "given the seriousness of arson,a five-year sentence is not grossly disproportionate to the offense." The court vacated the original sentence and remanded for re-sentencing. The Hammonds filed petitions for certiorari with the U.S. Supreme Court,which the court denied in March 2015. [17] [20] In October 2015,Chief Judge Ann Aiken re-sentenced the pair to five years in prison (with credit for time served),ordering that they return to prison on January 4,2016. [20] [24] Both of the Hammonds reported to Federal Correctional Institution,Terminal Island in California on January 4,as ordered by the court. [26] A few days earlier,the Hammonds also paid the federal government the remaining balance on a US$400,000 court order for restitution related to the arson fires. [18]
Dwight Ware Watson,dubbed the "Tractor Man" in the media,is a tobacco farmer from Whitakers,North Carolina,who,in March 2003,brought much of Washington,D.C. to a standstill for two days when he drove a tractor into the pond in the Constitution Gardens area of the National Mall and claimed to have explosives. The standoff with federal and local law enforcement ended when Watson surrendered. He was subsequently convicted in federal court of making a false threat to detonate explosives and for destroying federal property,and served 16 months in prison.
Gregory Paul Walden is an American politician who served as the U.S. representative for Oregon's 2nd congressional district from 1999 to 2021. He is a Republican. Walden is the son of three-term Oregon State Representative Paul E. Walden. In October 2019,Walden announced that he would not run for reelection in 2020.
Ann Louise Aiken is an American attorney and jurist in the state of Oregon. A native Oregonian,she has served as a state court judge of the Oregon circuit courts and worked in private legal practice. She is currently a United States district judge of the United States District Court for the District of Oregon. She served as Chief Judge of the Court from February 1,2009 to January 31,2016.
Stephen Joseph Murphy III is a United States district judge of the United States District Court for the Eastern District of Michigan.
The American Land Rights Association (ALRA) is a Wise Use organization based in Battle Ground,Washington. The group describes itself as "dedicated to the wise-use of our resources,access to our Federal lands and the protection of our private property rights."
Jamison Square is a city park in Portland,Oregon's Pearl District. It was the first park added to the neighborhood.
Sally Amanda Marshall is an American lawyer in the U.S. state of Oregon. She was,most immediately,the United States Attorney for the United States District Court for the District of Oregon,the top federal prosecutor position in the state. She resigned her position on April 24,2015,amid an internal review,citing unspecified health issues.
The 2014 Bundy standoff was an armed confrontation between supporters of cattle rancher Cliven Bundy and law enforcement following a 21-year legal dispute in which the United States Bureau of Land Management (BLM) obtained court orders directing Bundy to pay over $1 million in withheld grazing fees for Bundy's use of federally owned land adjacent to Bundy's ranch in southeastern Nevada.
Cliven D. Bundy is an American cattle rancher who was charged and underwent pre-trial detention for his role in the 2014 Bundy standoff. Bundy advocated a philosophy opposed to what he views as federal government overreach. He is the father of Ammon Bundy,who in 2016 also led another armed standoff against the government,the occupation of the Malheur National Wildlife Refuge in Oregon.
On January 2,2016,an armed group of far-right extremists seized and occupied the headquarters of the Malheur National Wildlife Refuge in Harney County,Oregon,and continued to occupy it until law enforcement made a final arrest on February 11,2016. Their leader was Ammon Bundy,who participated in the 2014 Bundy standoff at his father's Nevada ranch. Other members of the group were loosely affiliated with non-governmental militias and the sovereign citizen movement.
Jon Eric Ritzheimer is an American political activist. He is affiliated with the 3 Percenters and formerly associated with the Oath Keepers group,and has used social media to declare his opposition to Islam and the Bureau of Land Management.
Citizens for Constitutional Freedom (C4CF),later also known as People for Constitutional Freedom (P4CF),was the name taken on January 4,2016,by an armed private U.S. militia that occupied the U.S. Fish and Wildlife Service's Malheur National Wildlife Refuge headquarters in the U.S. state of Oregon from January 2 to February 11,2016. The leader of the organization was Ammon Bundy,son of Cliven D. Bundy,who engaged in a standoff with the federal government over grazing rights on federal land.
Ammon Edward Bundy is an American anti-government militant and activist who led the 2016 occupation of the Malheur National Wildlife Refuge. He is the son of rancher Cliven Bundy,who was the central figure in the 2014 Bundy standoff regarding unpaid grazing fees on federally-owned public land.
David M. "Dave" Ward was the sheriff of Harney County,Oregon,from 2015 until 2020. This included during the time of the Occupation of the Malheur National Wildlife Refuge in 2016.
Robert LaVoy Finicum was one of the American militants who staged an armed occupation of the Malheur National Wildlife Refuge in January 2016. After it began,the occupying force organized itself as the Citizens for Constitutional Freedom,of which Finicum was a spokesman. He was the only fatality of the occupation.
This timeline of the occupation of the Malheur National Wildlife Refuge describes the progression of events leading up to,during,and after the occupation. The 2016 event played out over several weeks of public statements,occupying activity,and rallies.
United States v. Hammond was a court case in Oregon,United States,culminating from 20-year-long legal disputes between Harney County ranchers Dwight Lincoln Hammond Jr.,73,his son Steven Dwight Hammond,46,and federal officials. In 2012,both Hammonds were charged with several counts in relation to two fires in 2001 and 2006,and eventually convicted of two counts of arson on federal land. Knowing they would face the statutory minimum of five years,the men waived their right to appeal these convictions in exchange for dismissal of several unresolved charges. After this mid-trial agreement was entered,the Hammonds were sentenced to a few months in jail,which they served. In 2015,the United States Court of Appeals for the Ninth Circuit vacated these sentences because they were shorter than the statutory mandatory minimum. The Ninth Circuit remanded to the district court for resentencing. The district court subsequently re-sentenced both Hammonds to the mandatory minimum of five years in prison,with credit for time served.
From January 2 to February 11,2016,the headquarters of the Malheur National Wildlife Refuge (MNWR) in eastern Oregon were seized and occupied by an armed group,later called Citizens for Constitutional Freedom,affiliated with private U.S. militias and the sovereign citizen movement following an earlier peaceful march in protest of the prison sentences for ranchers Dwight Hammond and his son,Steven Hammond,who were convicted of arson on federal land,sentenced to five years' imprisonment,and sought clemency from the U.S. president. The occupation received widespread coverage from media outlets.
Ryan C. Bundy is an American cattle rancher and former Independent candidate in Nevada's 2018 Gubernatorial Election. He is the brother of Ammon Bundy and the son of Cliven Bundy,who was a central figure in the 2014 Bundy standoff in Bunkerville,Nevada over his unpaid grazing fees on federally-owned public land. Ryan Bundy was noted as a participant and leader in both the 2014 Bundy standoff and the 2016 occupation of the Malheur National Wildlife Refuge in Oregon.
Marcus Mumford was an American criminal defense lawyer. He was known for representing the defendants in the Occupation of the Malheur National Wildlife Refuge,and Ponzi schemer Rick Koerber.