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U.S. v. HAMMOND

Nos. 12-30337, 12-30339.

742 F.3d 880 (2014)

UNITED STATES of America, Plaintiff-Appellant, v. Steven Dwight HAMMOND, Defendant-Appellee. United States of America, Plaintiff-Appellant, v. Dwight Lincoln Hammond, Jr., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 7, 2014.

Attorney(s) appearing for the Case

Kelly A. Zusman , Assistant United States Attorney; S. Amanda Marshall , United States Attorney, District of Oregon, Portland, OR, for Plaintiff-Appellant.

Lawrence H. Matasar , Lawrence Matasar, P.C., Portland, OR, for Defendant-Appellee Steven Dwight Hammond.

Marc D. Blackman and Kendra M. Matthews , Ransom & Blackman, LLP, for Defendant-Appellee Dwight Lincoln Hammond, Jr.

Before: RICHARD C. TALLMAN and CARLOS T. BEA, Circuit Judges, and STEPHEN J. MURPHY, III, District Judge.

OPINION

MURPHY, District Judge:

The government appeals the sentences of Steven and Dwight Hammond, whom a jury convicted of maliciously damaging the real property of the United States by fire, in violation of 18 U.S.C. § 844(f)(1). The convictions carried minimum sentences of five years of imprisonment, but citing Eighth Amendment concerns, the district court sentenced Steven to only twelve months and one day of imprisonment and Dwight to only three...

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