THE ABOVE-ENTITLED MATTER CAME ON FOR HEARING ON MOTION

OF DEFENDANT TO REDUCE SENTENCE, AND EXECUTION OF SENTENCE,

BEFORE THE HONORABLE JOYCE HENS GREEN, UNITED STATES DISTRICT

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PROCEEDINGS

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(DEFENDANT PRESENT)

THE DEPUTY CLERK:

CRIMINAL ACTION 83-75, UNITED STATES

OF AMERICA VERSUS GEORGE VERNON HANSEN. MR. WEINGARTEN AND MR.

COLE FOR THE GOVERNMENT; MR. LEWIN, MR. BRAGA, MR. CAMPBELL FOR
THE DEFENDANT; AND MR. HUNT FOR THE PROBATION OFFICE.

THE COURT: YES. WE ARE HERE BEFORE THE COURT FOR THE
PURPOSE OF THE SENTENCING OF MR. HANSEN, AND, PRELIMINARILY TO

THAT, FOR ARGUMENT AND RULING ON HIS MOTION FOR REDUCTION OF
SENTENCE AND THE GOVERNMENT'S OPPOSITION THERETO. AND I THINK

IT MUST HAVE BEEN APPARENT TO THE COUNSEL THAT SINCE ALL PARTIES
HAVE A RIGHT, UNDER LAW, TO ADDRESS THE COURT AT THE TIME OF
SENTENCING, THAT IT WOULD BE MORE EXPEDITIOUS AND PRUDENT TO DO
THIS ALL OF ONE PIECE AND HEAR THE ARGUMENT AT THIS TIME, MAKE A
DETERMINATION, AND THEN IMPOSE SENTENCE.

SO, MR. LEWIN, IT IS YOUR MOTION, SIR. THE GOVERNMENT

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WILL THEN OPPOSE IT, I PRESUME. AND THEN, OF COURSE, YOU MAY

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HAVE THE FINAL WORD IN THAT REGARD. I WOULD ASK THAT AS YOU ARE

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DOING IT, YOU MAKE WHATEVER REMARKS YOU WOULD HAVE MADE IN

ELOCUTION TO THE SENTENCE, SO THAT WE HAVE YOU UP HERE AT ONE

TIME.

AND THEN, OF COURSE, I WILL HEAR FROM MR. HANSEN

FOLLOWING THAT.

MR. LEWIN: YES, YOUR HONOR.

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MR. LEWIN: GOOD MORNING. THANK YOU, YOUR HONOR.

THE COURT: GOOD MORNING.

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WE ARE HERE, AS YOUR HONOR HAS INDICATED, FOR ARGUMENT

ON OUR MOTION FOR REDUCTION OF SENTENCE, YOUR HONOR HAVING

DECIDED THE QUESTIONS OF A NEW TRIAL AND REQUESTS FOR FURTHER

DISCOVERY.

WITH REGARD TO THE MOTION FOR REDUCTION OF SENTENCE, IT

IS CLEAR, WE SUBMIT, THAT THE FEDERAL RULE PROVIDES FOR THAT
MOTION PRECISELY TO GIVE THE COURT THE KIND OF OPPORTUNITY THAT

IT HAS TODAY, TO LOOK AT THE EVENTS THAT HAVE TRANSPIRED SINCE
THE TIME OF INITIAL IMPOSITION OF SENTENCE AND TO CONSIDER
WHETHER IN LIGHT OF THOSE CIRCUMSTANCES IT CONTINUES TO BE
APPROPRIATE TO IMPOSE THE SENTENCE WHICH THE COURT HAS ANNOUNCED

AT THE TIME INITIALLY SET FOLLOWING THE TRIAL. AND IT IS OUR

POSITION, FOR THE REASONS THAT WE'VE SET OUT IN THE MEMORANDUM,
AND I WILL JUST BRIEFLY TOUCH ON THE HIGHLIGHTS HERE, THAT THERE
HAS BEEN SUCH A VERY SUBSTANTIAL CHANGE IN TERMS OF THE

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CONDITIONS AS THEY AFFECT THIS DEFENDANT THAT IT REALLY IS NO

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LONGER JUST; THAT ENTIRELY APART FROM THE MERITS OF THE CRIMINAL
CHARGE AND THE OFFENSE OF WHICH THE DEFENDANT WAS CONVICTED,
THAT IT NO LONGER IS JUST, IN VIEW OF THE INTERVENING CIRCUM-

STANCES, TO PROVIDE THE KIND OF SENTENCE THAT YOUR HONOR DID
IMPOSE, A TERM OF IMPRISONMENT OF 5 TO 15 MONTHS AND A TOTAL
FINE OF $40,000, AND THAT THESE INTERVENING EVENTS WARRANT
RECONSIDERATION OF THAT SENTENCE IN VIEW OF TODAY'S CONDITION.

WE NOTED IN OUR MEMORANDUM INITIALLY THE LANGUAGE OF A

STATUTE THAT CONGRESS ENACTED SUBSEQUENT TO YOUR HONOR 'S

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IMPOSITION OF SENTENCE, AND I WON'T REPEAT THE LANGUAGE OF THAT

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STATUTE, BUT IT IS CLEAR FROM CONGRESS' PURPOSE IN ENACTING

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SENTENCING REFORM THAT COURTS IN THE KINDS OF SITUATIONS

INVOLVING NONVIOLENT, NONSERIOUS OFFENDERS, WHERE THE INTERESTS

OF THE SOCIETY AS A WHOLE CAN CONTINUE TO BE SERVED THROUGH THE
IMPOSITION OF ALTERNATIVE SENTENCES, THAT COURTS

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CONGRESS HAS

ADVISED COURTS THAT THEY SHOULD, IN DETERMINING THE PARTICULAR
SENTENCE TO BE IMPOSED, USE MEANS OTHER THAN THOSE WHICH WOULD

CAST A BURDEN UPON THE PRISON SYSTEM. AND CONSEQUENTLY, AS I
SAY, THAT'S A NEW POLICY; THAT'S A POLICY THAT COULD NOT BE
BROUGHT TO THE COURT'S ATTENTION PRIOR TO SENTENCING THAT WE

HAVE BROUGHT TO THE COURT'S ATTENTION TODAY, THAT IT IS
CONGRESS' DESIRE THAT COURTS INVOKE AND UTILIZE, AND THAT WE ASK

THE COURT TO TAKE INTO ACCOUNT HERE.

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NOW, IF THAT WERE ALL, QUITE FRANKLY, I WOULD SAY,

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WELL, CERTAINLY THIS IS IN SOME WAYS AN UNUSUAL CASE, AND MAYBE

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YOUR HONOR, EVEN IN LIGHT OF THAT ONE STATEMENT OF CONGRESSIONAL

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OTHERWISE.

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POLICY, MIGHT DECIDE THAT THIS IS AN APPROPRIATE CASE TO DO

HOWEVER, THERE ARE A NUMBER OF OTHER CIRCUMSTANCES WHICH I THINK ARE VERY TELLING WITH REGARD TO THE PRESENT SITUATION AND THE APPROPRIATENESS OF PUNISHMENT OF IMPRISONMENT

WHICH YOUR HONOR INITIALLY IMPOSED.

FIRST OF ALL, CERTAINLY WITH REGARD TO THE PUNISHMENT OF IMPRISONMENT, I'M SURE THAT YOUR HONOR'S CONSIDERATION IN IMPOSING THAT PUNISHMENT WAS AS A MATTER OF GENERAL DETERRENCE;

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TO ADVISE THE PUBLIC AT LARGE AND OTHER PEOPLE WHO ARE IN THE

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SAME SITUATION AS THE DEFENDANT THAT THE KIND OF OFFENSE WITH

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WHICH HE WAS CHARGED AND CONVICTED COULD NOT BE COMMITTED

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WITHOUT A SUBSTANTIAL FORM OF RETRIBUTION OR PUNISHMENT. AND AT

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THE TIME THAT SENTENCE WAS IMPOSED, GIVEN THE CIRCUMSTANCES AS

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OF THAT DATE, THAT MAY VERY WELL HAVE BEEN APPROPRIATE.

AT THAT

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POINT, YOUR HONOR WILL RECALL, MR. HANSEN WAS A SITTING
CONGRESSMAN; THERE WAS AN ELECTION THAT WAS GOING TO BE COMING
UP; THERE WAS NO WAY OF KNOWING WHETHER HE WOULD OR WOULD NOT
PREVAIL IN THAT ELECTION. THERE WAS NO WAY OF KNOWING WHETHER
THE CONGRESS ITSELF WOULD TAKE ANY ACTION WITH REGARD TO WHAT

THIS COURT'S RECORD HAD SHOWN. AND IN THOSE CIRCUMSTANCES, THE
COURT SAID A TERM OF IMPRISONMENT OF 5 TO 15 MONTHS WOULD BE

APPROPRIATE.

SINCE THAT TIME, THERE HAS BEEN VERY, VERY SUBSTANTIAL PUNISHMENT IMPOSED UPON THIS DEFENDANT BY THESE OTHER MATTERS THAT WERE MERELY WAITING IN THE WINGS AT THAT TIME.

SPECIFICALLY, THE HOUSE, MOTIVATED PRECISELY, THE RECORD SHOWS,

HAD IT NOT BEEN FOR THE CONVICTION, I

THINK IT IS PLAIN THERE WOULD NOT HAVE BEEN ANY HOUSE

PROCEEDING, BECAUSE THE HOUSE INVOKED THE HOUSE RULE WHICH
REQUIRED THAT PROCEEDING IN LIGHT OF THE CONVICTION. THE HOUSE

PROCEEDED WITH A PROCEEDING WHICH WAS CONDUCTED PUBLICLY, WHICH
RESULTED IN A REPRIMAND OF THE DEFENDANT, WHICH WAS PUBLICLY

25 BROADCAST, WHICH PROVIDED SUBSTANTIAL GRIST FOR THE NEWS MILL,