(Download) "Adams V. Keller" by United States Court Of Appeals For The Sixth Circuit # eBook PDF Kindle ePub Free
eBook details
- Title: Adams V. Keller
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 29, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
On March 21, 1979, Timothy J. Adams was arrested for detonating an explosive device in the Tesoro Coal Company Office Building in Hazard, Kentucky. As a result of the explosion an accountant working late in the building was killed. Adams pled guilty to a charge of unlawful use of explosive materials in violation of 18 U.S.C. § 844. The district judge, aware that Adams was twenty-one years of age, but concerned that a maximum six-year sentence was inappropriate in light of the seriousness of the offense committed by Adams, with an accompanying death resulting from the crime, recommended Adams for study and observation for possible consideration as a youthful offender under the federal Youth Corrections Act (YCA or the Act), 18 U.S.C. § 5010(e). After it was determined that Adams was treatable as a youth offender under the YCA, the district judge, on September 17, 1979, sentenced him to 18 to 20 years under § 5010(c) of the YCA. At his initial parole hearing, held nine months after sentencing, a panel of the Parole Commission classified Adams as a "Greatest II offender," based on the severity of his offense and the fact that an individual was killed. At the same time, Adams was given a salient factor score of 8, indicating that his prognosis for release on parole was good.*fn1 Applying its parole guidelines for youthful offenders, 28 C.F.R. § 2.20 et seq., the panel concluded that Adams should serve a minimum of fifty plus months of his sentence, and, since a life was lost due to his offense, recommended that a presumptive parole date for Adams be set ten years into his sentence. The panel also recommended that Adams receive an interim administrative review and reconsideration in June, 1981. Administrative Hearing Examiner Gene Slaughter disagreed with the recommendations of the panel stating that since the Pre-Sentence Information Report did not indicate willful intent to cause death, the ten-year sentence was excessive. He urged the Parole Commission to adopt a shorter five-year sentence. On review, O. J. Keller, the Regional Parole Commissioner, urged the National Parole Commission to adopt a compromise seven-year sentence with a presumptive parole date of June 6, 1986, conditioned on Adams successfully completing an alcoholic treatment and rehabilitation program. Keller declared that a ten-year sentence was excessive, but that Adam's situation was aggravated by prior rape and criminal attempt charges, and the fact that he had constructed the bomb. The National Parole Commission adopted this recommendation.
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