noted yesterday, the armed men who are occupying an office building at the Malheur National Wildlife Refuge in Oregon broke off from a demonstration protesting the sentences received by two ranchers, 73-year-old Dwight Hammond and his 46-year-old son Steven, who in 2001 and 2006 set fires on their own property that spread to public land. In addition to the long-running conflict between ranchers and the federal government over control of land in the West, the case illustrates the practical impossibility of challenging harsh mandatory minimum sentences as violations of the Eighth Amendment’s ban on “cruel and unusual punishments.”As Ed Krayewski
The first fire set by the Hammonds, which Steven Hammond said was intended to eliminate invasive species on their property, ended up consuming 139 acres of federal land. The second fire, which was aimed at protecting the Hammonds’ winter feed from a wildfire sparked by lightning, burned about an acre of public land. Although the Hammonds did not seek the required government permission for either burn, the damage to federal land seems to have been unintentional. In 2012 they were nevertheless convicted under 18 USC 844(f)(1), which prescribes a five-year mandatory minimum sentence for anyone who “maliciously damages or destroys, or attempts to damage or destroy, by means of fire or an explosive,” any federal property.