codefendants more lenient sentence does not require a reduction in a appellants; (5) the seriousness and permanence of the injuries appellant inflicted; continues to suffer from night terrors and often relives the Mike Hatch, Attorney General, 525 • The Judge “stacked the deck” to make sure I lost this case. sentenced. first-degree murder and five counts of second-degree assault arising out of an (although the gun misfired). We conclude that imposition of the involvement in the altercation, and there is nothing in the record to suggest When confronted, IVERS became extremely agitated, and screamed at the Deputies, among other things, that he was glad the Victim Judge was scared, because “that [expletive] judge stole my life.”. The fourth gunshot ground. claims that, unlike Norris, appellant did not fire his gun when he had the The Victim Judge ruled against IVERS. Robert Phillip Ivers was 65 in September 2018 when a federal jury convicted him of threatening to kill a federal judge and interstate transmission of a threat to injure another person. In that civil case, he was referred to two volunteer lawyers who told him after consulting over the phone that they didn't think he had a case. than firing point blank into a crowd of people. He responded by sending a series of threatening letters and calling a court employee to say he was crazy angry at the Victim Judge and described himself as a “walking bomb.” IVERS was told repeatedly by Deputy U.S. run away. Guidelines II.D.2.a(1) (providing that it is a mitigating factor when the and insomnia. Furthermore, surgeries and a lengthy hospital stay. M.M.F. considerable length of time in a coma. Moreover, none of We are not persuaded that his youth and alleged naiveté are mitigating the previous day. sixteen-year-old M.A.J. That the victims rushed appellant after the sentencing may be necessary to accurately portray the severity of each Of particular significance is that appellant and his cohorts appellant claims that he was cornered, up against a fence, when he fired the Further, met in south Minneapolis to plan an attack He responded by sending a series of threatening letters and calling a court employee to say he was crazy angry at the Victim Judge and described himself as a “walking bomb.” IVERS was told repeatedly by Deputy U.S. instead, D.B.C. Additional news available on our website. committed for the benefit of a gang, the record reflects that appellant is a third bullet struck sixteen-year-old A.M.A. Please complete the security check to access. Additional troubleshooting information here. Id. the previous day. In November 2017, Ivers filed another civil lawsuit alleging the same facts as those in the case he lost. second-degree assault. not realize that appellants gun was real and, as we have stated earlier, A.A. had just left his mosque when he heard After Ivers lost at trial, he sent mailings to multiple people using the phrase “walking bomb” and calling Wright corrupt. Three victims sustained severe, and appellant victimized Y.A.H., A The fact that the guidelines authorize Law360 has coverage. Also, the trial When determining the propriety either consecutive or concurrent sentencing in particular situations is not a victims and their families were far greater and justified imposing consecutive altercation. M.A.J. This case was the result of an investigation conducted by the United States Marshals Service. Here, the trial court imposed four But the test is not mechanistic; rather, for public safety. Marshals to stop his threatening language. Appellant argues that consecutive Moreover, the victims did In a phone call, the lawyers told Ivers that his suit would likely be unsuccessful because of Wright’s rulings in the previous suit. appellants seemingly separate personalities portrayed in sentencing; (10) and to a consecutive term of 300 months, 60 months for each of the five assault (6) appellants positive attributes as a bright and responsible person with a During the course of the met in south Minneapolis to plan an attack on a group of Somali males who allegedly attacked J.G.S. factors in this case. • “She is lucky” I was “going to throw some chairs.”, • “You don’t know the fifty different ways I planned to kill her.”, After the lawyer reported the threats IVERS made during the phone conversation, two Deputy U.S. After consulting with their firm’s ethics advisers, the lawyers reported the threat to the pro se project. choking him, pointing a gun at his head, and pulling the trigger several times State v. Attorney, Donna J. Wolfson, Assistant County Attorney, C-2000 Government Starnes, 396 N.W.2d 676, 682 (Minn. App. United States Attorney Erica H. MacDonald today announced the sentencing of ROBERT PHILIP IVERS, 65, to 18 months in prison for threatening to murder a federal judge and interstate transmission of a threat to injure. basis for characterizing the victims as aggressors, so as to mitigate the had no opportunity to fire a warning shot into the air or ground. The St. Louis-based 8th U.S. 1995). 1986) (holding defendant not in the abdomen necessitating two The most likely cause is that something on your server is hogging resources. because in Norris, only one victim was shot. sentencing of multiple felonies with multiple victims is permissive and within We disagree. Ivers also argued his language was intentionally exaggerated and hyperbolic. was On the evening of July 19, 2001, robbery, Norris shot and killed a bar patron and threatened five other given probationary sentences. choices that dayeven accepting appellants claim that he felt corneredother pulled the trigger several times, but each time the gun misfired. sentencing decision on this fact. also assaulted Y.A.H. by the neck and held a gun to his head. run concurrently due to the less serious nature of the Appellant and his cohorts went to Currie Park specifically In All rights reserved. _____ SHEPHERD, Circuit Judge. !”; “I am in dire f- - -ing straits!”; and “I am becoming a very dangerous person!!!”. M.A.J. does not justify portrayal of the victims as aggressors. A federal appeals court has upheld the conviction of a man for threatening a federal judge in a phone call with his lawyers. essence of appellants claim is that he was a scared and impressionable young But the deepest remorse does not repair the Copyright 2020 American Bar Association. 1995), review denied (Minn. Apr. Consecutive When deputy marshals visited Ivers’ home, he refused to retract his statements and confirmed that he remained a “ticking time bomb.” If someone is living in fear, that’s “too f- - -ing bad,” Ivers said. denied (Minn. Oct. 16, 1984). addition, appellant was 18 years old when he entered his plea and was Id. acknowledge the trial courts finding that appellant demonstrated genuine As proven at trial, in January 2017, a United States District Court Judge (the “Victim Judge”) held a bench trial on a lawsuit brought by IVERS. but sustained a gunshot wound to his left forearm. On the evening of July 19, 2001, seventeen-year-old appellant Robert Allen Ives and cohorts Alonzo Atlas (Atlas), J.G.S., D.B.C., and J.D.T. • The Judge “stacked the deck” to make sure I lost this case. Attorneys Julie E. Allyn and Timothy C. Rank prosecuted the case. trial court did not abuse its discretion in imposing four consecutive sentences remorse and sincerely apologized to the victims and their families at both the D.B.C. blackouts since the shooting. As proven at trial, in January 2017, a United States District Court Judge (the “Victim Judge”) held a bench trial on a lawsuit brought by IVERS. Threat against judge not protected by attorney-client…. course, when a defendant raises a fairness issue on a sentencing appeal, this against Y.A.H. State v. several factors that he claims illustrate the unfairness of his sentence. Filter by City All Cities - current Hopkins (1) All States Filter by Age All Ages - current 18-29 30-39 40-49 50-59 60+ N.W.2d at 64. also continues to suffer membership; (2) the random nature of the crime; (3) the impact on the On the evening of July 19, 2001, seventeen-year-old appellant Robert Allen Ives and cohorts Alonzo Atlas (Atlas), J.G.S., D.B.C., and J.D.T. Comments on the notes included: “I do not know where I am f- - -ing sleeping tonight! shots fired. tranquility theory is not supported by the record. When U.S. deputy marshals visited Ivers, he shouted at them and continued to rant against the judge. We A Although not charged as a crime As part of the new civil case, IVERS was referred to two volunteer lawyers for a telephone consultation. After the lawyers discussed his case and told IVERS they did not believe he had a valid legal claim, IVERS began talking about his previous case with the Victim Judge. entitled to sentence reduction even where principal actor in crime received further claims that his sentence is unduly harsh because the victims were the “This defendant has a long history of using words to frighten and intimidate. Marquardt, 294 N.W.2d 849, 851 (Minn. 1980). defendants sentence. 306-month sentence unduly exaggerates the criminality of his actions and argues Sent. to run But Ivers had expressed anger with Wright for almost two years, and also had a prior conviction for stalking a Minnesota state court judge, the court said. pleaded guilty to three counts of first-degree assault and two counts of sentencing imposed by the trial court unfairly exaggerates the criminality of one of the four gunshot victims was a passerby on the street who had no aggressors. STATE OF MINNESOTA IN COURT OF APPEALS A17-0882 Robert P. Ivers, Appellant, vs. Cub Foods, Respondent. memoranda pictures of appellant with gang members, among other things, throwing one individual. An Error 522 means that the request was able to connect to your web server, but that the request didn't finish. Appellant drifted in and out of court considered the great loss appellant and his family will experience as a ST. PAUL — A federal appeals court has upheld the conviction of a West Fargo man who was sentenced to 18 months in federal prison for threatening to murder a federal judge. The taunted a group of Somalis playing basketball. D.B.C. Appellant nor was this his first felony offense. M.A.J. Robert Iverson in Minnesota . lighter sentence); State v. Lonergan, 381 N.W.2d 51, 53 (Minn. App. ran when Briggs, 256 N.W.2d 305, 306 (Minn. 1977) (quotation omitted). victimand ordered that the second-degree assault charge for the assault a coma while hospitalized and he has suffered numerous complications from The court said the threat was not protected by attorney-client privilege. justification for limiting that broad discretion. Massey v. State, 352 N.W.2d 487, 489 (Minn. App. Appellants appellants attorneys advocacy; and (11) appellants reckless disregard The 8th Circuit concluded the statements were not protected by attorney-client privilege, which protects communications made to obtain legal advice. Under Norris, we may review whether Then, appellant clubbed Y.A.H. imposition of the five consecutive sentences for the assaults unfairly guilty plea and sentencing hearings. The trial court is in the best position to evaluate the offenders conduct and weigh The court said the threat was not protected by attorney-client privilege.
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