First Sentencing of Jan 6th Capitol Insurrection - Defendant Hodgkins sentenced to 8 months + 24 months probation
And that’s a wrap folks…but damn those footnotes are bonkers
To fully understand the arch of Defendant Paul HODGKINS - let’s start in February of 2021
February 16, 2021 Paul Hodgins was taken in to Federal Custody in the Middle District of Florida (MDFL). He made his initial appearance before Magistrate Judge Thomas G. Wilson - MDFL MJ Case No: 8:21-mj-01147 Rule 5 Arrest/Affidavit ECF/PACER and DDC MJ Case No: 1:21-mj-00213 Complaint ECF/PACER, Affidavit/Statement Of Facts ECF/PACER
Charge(s); 18 U.S.C. § 1752(a)(1) & (2) Entering and Remaining in a Restricted Building; Disorderly and Disruptive Conduct in a Restricted Building; 40 U.S.C. § 5104(e)(2) Disruptive Conduct in a Restricted Building
Note that Defendant HODGKINS wasn’t charged with any “ violent crimes” —thereafter earnest negotiations commenced between the Defendant and the Government - which resulted in the June 4th Article where I walked you through the Terms & Conditions of the newly signed Plea Agreement DDC-ECF or you can pulled down from my public drive
July 8, 2021 Sentencing Memorandum by Defendant Hodgkins
See DDC-ECF or see Scribd link to the Defendant’s July 8th Sentencing Memorandum…(also Scribd link to Exhibits - trust me wowzah and I do not mean that in a complimentary way, at all)… because wow -just- wow the temerity and lack of self awareness is grotesque…
Injected “GOD” into your sentencing memo isn’t just offensive, it actually invokes righteous indignation from other Christians, as it should. For Example on pages 2 & 3 Defendant Hodgkins attempts to establish a “spiritual predicate” to defend the indefensible - I am pretty sure that “God” wouldn’t condone breaking numerous laws and this spiritual defense is an affront to Common Law… unless of course your “god” is Donald J Trump
We now live in a county that seeks to cancel one another. It is the end state and the result of becoming a post-Christian society. A nation of citizens that have yet to experience Godly grace, finds it next to impossible to give grace to each other. The result is that we have become a nation that no longer sees one another as brothers/sisters traveling in a disjointed and fallen world in need of each other’s support and generosity, but rather as potential enemies to be destroyed.
I have nothing constructive to add to this section of the Defendant’s Memorandum beyond Lincoln was assassinated, he was murdered by Wilkes-Booth. Who shot him in the head and that caused his death. It was murder and the fact the Defendant thought it wise to invoke Lincoln in his rationale is an egregious act of intellectual dishonesty and abhorrently self indulgent.
But to then go on and attempt to portray yourself as a good and righteous Godly man…Defendant Hodgkins’ equating his actions be deserving of Lincoln’s
“malice toward none; charity for all.”
…this is likely one of the most offensive defense sentencing memorandum I’ve read in a very long time. No that is not how our Judicial System works, that you think your spirituality some how trumps (pun not intended) the laws of the land and the Democracy you choose to attack. Absolutely not.
Not that my opinion matters (because it actually doesn’t given he was sentenced) yes I read the Defendant’s 32 page Sentencing Memorandum and I see the same person in both pictures. A person that booked a bus ticket from Florida to Washington DC. Carrying with him rubber goggles, latex gloves, rope and a Trump flag. It doesn’t matter that he didn’t assault any law enforcement officer
He willingly assaulted our Democracy…
and the gravamen of his actions have left an indelible stain on the conscious of millions of reasonable Americans —who watched in absolute horror while thousands of Donald J Trump’s supporters descended on the very building that embodies our Democracy. No one force Defendant Hodgkins to come to DC, he believed the lies espoused by his “lord and savior” Donald J Trump and repeated ad nauseam by Fox News, OANN and NewMax.
Because closing your 32 page sentencing memorandum with this feigned “reborn again” nonsense is almost as offensive as invoking the Civil War, Race Relations, Lawful & Peaceful Social Justice Demonstrations (of which the defendant attempted to impugn) and “cancel culture” —Also I’m pretty sure that former President Lincoln and Ulysses S. Grant (who actually created the Justice Department1)
July 14, 2021 Sentencing Memorandum by USA
The July 14, 2021 SENTENCING MEMORANDUM by USA as to PAUL ALLARD HODGKINS via DDC-ECF or via this Scribd Link - I can not recall the Government at any time proffering any evidence that Defendant HODGKINS assaulted any law enforcement officer, broke windows or doors or anything whilst inside the Capitol. He should not have been in the Capitol. He took a bus from Florida to Washington DC. He wasn’t part of any group, like the Proud Boys, Oath Keepers, III%ers etc… See the Statement of Offense via DDC-ECF or you can pull down a copy from my public drive —which accompanied his Plea Agreement.
..but of our democracy itself…
To be clear no one forced Defendant Hodgkins to go inside the Capitol Building, no one forced him to attack our Democracy…it is difficult to reconcile the Defendant’s contrite statements made in Court, and in at least 2 other post criminal charge interview. I genuinely think the Defendant felt and articulated remorse…
“a singular and chilling event in U.S. history, raising legitimate concern about the security—not only of the Capitol building—but of our democracy itself.” United States v. Cua, No. 21-cr-107, 2021 WL 918255, at *3 (D.D.C. Mar. 10, 2021); see also United States v. Fox, No. 21-cr-108 (D.D.C. June 30, 2021) (Doc. 41, Hrg. Tr. at 14) (“This is not rhetorical flourish. This reflects the concern of my colleagues and myself for what we view as an incredibly dangerous and disturbing attack on a free electoral system.”); United States v. Chrestman, No. 21-mj-218, 2021 WL 765662, at *7 (D.D.C. Feb. 26, 2021) (“The actions of this violent mob, particularly those members who breached police lines and gained entry to the Capitol, are reprehensible as offenses against morality, civic virtue, and the rule of law.”).
And what do I say about the footnotes? Footnotes always read them. Also see page 8 of Hodgkins’ Amended Memo…and page 3 -Government was rightfully pissed
Hodgkins did not, as he seems to assert in his sentencing memorandum, voluntarily disclose his involvement to law enforcement, and, when officers arrested him, they also had a search warrant for his home and electronic devices. See Def. Amended Sentencing Memo at p. 8.
Architect of the Capitol May 2021 Congressional Testimony - it’s exactly what I expected
To be completely transparent my “did this F__ker resign yet” tweets largely born from frustration of those who didn’t know the US Capitol Police has a Board, membership includes House Sgt at Arms, Senate Sgt at Arms, the US Capitol Police Chief and lastly the Architect of the Capitol… I’ll come back to this, as I’m currently deep in my research hole and will likely extricate myself in a few more days. Because I have a lot to say about good ol’ Brent. So for now put a pin in this.
Turning back to the Sentencing of Defendant Hodgkins…The following phrases is repeated over and over in the Government’s Sentencing Memorandum regarding Defendant Paul Hodgkins because it’s the truth…
Hodgkins could have turned back and remained outside…instead pressed forward.
The Government again affirms the level 14 which includes a 3 level downward departure. Last month I walked you through his plea agreement and the sentencing range/guidelines are for Level 14 offense — Christ-on-a-cracker, I even embedded the USSS chart I mean it’s there, memorialized in plain black and white text
So it’s not at all surprising that in the July 14, 2021 Government Sentencing Memorandum they reiterate the level of the offense
July 12, 2021 -Defendant’s Amended Sentencing Memo
So off the bat you should know having to clean-up or “clarify” your original memorandum typically means you’ve screwed up. As evident on page 1, first footnote because wow-just-wow (see DDC-ECF or see Scribd Link
I now refer you to page 3 of the Defendant’s Amended sentencing memo - I’m pretty sure this is what caused the Government to throw down that footnote in their memorandum. Because the Defendant clearly misrepresented and the Government wanted to set the record straight and alert the Court prior to handing down the actual sentence…
…prior to entering this plea, by providing the United States access to all of his electronic devices, as requested. Mr. HODGKINS understands what he has done, and offers no excuse for his actions. Mr. HODGKINS case represents one of the first defendant’s to have pled to a felony charge, to which he has accepted full and complete responsibility
the Court should also consider that the PAUL HODGKINS has voluntarily pled guilty and by doing so, saved the taxpayer the costs of excessive litigation, and conserved a substantial number of judicial resources during a time where the COVID 19 pandemic has placed great stress upon the system. This acceptance of responsibility should be considered as the Defendant essentially voluntarily disclosing to the offenses brought to his attention. In that respect, the Defendant would be eligible for variance consistent with §3553 and IAW section 5K2.16, Voluntary Disclosure of Offense
July 19, 2021 -Sentencing & various Minute Orders;
See recent Docket Report via
Minute Entry for proceedings held before Judge Randolph D. Moss: Sentencing held on 7/19/2021 as to PAUL ALLARD HODGKINS.
Count 1:
Defendant sentenced to Eight (8) Months of Incarceration to run consecutively to any other term of imprisonment;
Followed by Twenty-Four(24) Months of Supervised Release;
$100.00 Special Assessment is imposed;
Restitution is imposed in the amount of $2,000.00.
Counts 2, 3, 4, and 5: Dismissed by Oral Motion of theGovernment. Bond Status of Defendant: Defendant remains on a PR Bond withLocation Monitoring until self-surrender
And that my friends is the end of the Defendant Hodgkins story time. While you might not agree with the Sentencing - I personally think 8 months is a pretty light sentence but if the other Jan 6th Defendants think they will get a slap on the wrist …my unsolicited and non binding legal advice …negotiate a plea agreement forthwith because gambling on a sympathetic jury…I wouldn’t take that bet —even if you fronted me the money. The best thing Defendants like Caldwell, Watkins, Chrestman, Rehl, Biggs could do it call the DOJ and schedule a new proffer session and then negotiate a plea deal otherwise expect to spend the rest of your natural life in prison. Insurrection has consequences
Where is your God the Orange Lord and Cheesus now?
Whispers he doesn’t even like MAGA & QANON - he thinks you are stupid and suckers. He laughs at you behind closed doors and he’s called you “suckers and losers” more times than I’ve brushed my teeth. Shittlestix was that said out loud?
Ulysses S. Grant created the Department of Justice. Ratified the Fifteenth Amendment. Grant urged Congress to pass the Civil Rights Act of 1871 (colloquially known as the Klu Klux Klan Act and later codified Section 1 (42 USC § 1983) which would later be used combat and prosecute the Ku Klux Klan. - See Library of Congress Ulysses S. Grant Papers
Wow, the MSM leaves out so many details that you provide to us: details that add richness to the legal stories of this epic and historic legal battle to make those who tried to upend our democracy accountable. The defense presentencing memorandum is some world class bloviating "...like you wouldn't believe " to borrow a phrase from the now booted from office " TIFR "(Pelosi''s labeling him as such still delights me ). If a sentence is 8 months can it be reduced for good behavior? Does this defendant now have a felony on his record? Tx Filey !
There are HUNDREDS of idiots that marched into Congress on January 6th. They all knew they didn't have permission from authorities to be in that building. SOME of those hundreds marched in there sniffing for blood, fully equipped and ready to cause bodily harm to anyone they perceived as being in the way of the angry orange winning. Some of those poor suckers stood in line when God was handing out brains and thought he said trains and said please give me a slow one... But, to the ones with zip ties, bear spray and bats. Those that erected a gallows on OUR LAND. Those ardent secessionists that should be exiled to an uninhabited island in the South Pacific. THOSE people should be hit with every single violent offense that could possibly be supported in their prosecution. They should be sentenced to prison for the rest of their lives. I don't know that they can be reformed. The hate flows too deep within them.
Dear God, I hope and pray that I'm wrong. Please forgive me, but I'm still afraid and I fear for the future of my children and possible grandchildren... :'(