CDR: Some interesting progress

jim bell jimdbell at home.com
Fri Sep 15 23:33:50 PDT 2000


Jessica and Darcy:

I've been doing a lot of local research at the Clark County (Washington)
courthouse, and by telephone to the Multnomah County (Oregon) and Clackamas
County (Oregon) , and I've discovered how the government thugs originally
paid off Ryan Thomas Lund.  They did it in two separate ways.

First:  Federal courts do sentencing on a matrix system, combining both
prior criminal history of the defendant and the seriousness of the existing
offense.    (See United States Sentencing Guide).   The government gave Lund
a phony sentence by manipulating both his "criminal history" and the
"offense level."   Lund was sentenced as if he had a criminal history
category of "V", when he should have been sentenced as if he was in column
"VI".  Lund was previously guilty of four felonies, and perhaps over 10
misdemeanors, easily justifying a column "VI" classification. ( Alone, this
would have increased his sentencing range from "27-30" months to "30-37"
months.)

But in addition, for the purposes of the sentencing the government also
faked the offense level:  Check Sentencing Guide 2K2.1, and you'll see as a
person previously guilty of two "controlled substances felonies" (one in
Clackamas County Or. and one in Clark County Wash., both in 1994) he should
have gotten a "base offense level" of (24-2=22), rather than the (14-2=12)
he was actually given.  (In either case, 2 points are usually removed for
"acceptance of responsibility.")

But in addition, Lund possessed a gun in connection with his ongoing
business of trafficking methamphetamine and buying and selling illegal
drugs, so he should have gotten an additional 4  points for that.
(28-2=26).     Check the sentencing matrix for the proper sentence for a
"criminal history" of "VI" and an offense level of 26, and you'll see that
his proper sentence should have been 120-150 months (10-12.5 years.)   (the
sentencing included a collusive "stipulation" by the government that he
didn't possess the gun in connection with that illegal activity, but in fact
the contrary was the case and the search warrant served July 2, 1997 was
obtained for the purposes of collecting drug-sales evidence.  (Check with
Portland BATF agent Mike McNall, who was present on the search, despite the
fact that it was not a Federal search warrant.  I suspect it was agent
McNall who did the deal with Lund.)

In short, Lund was saved about 8 years of time for...what???  Well, I know,
and you now already know because I've told you.  He was offered this deal,
probably on November 21, 1997,  for the "job" he agreed to do a few days
later for the government.  That "job" was a crime:  attacking and
intimidating me (which he did on November 25, 1997) to accept a phony,
crooked plea deal that the government never intended to honor.

The second way he was paid off is really interesting:  At the end of 1998,
Lund filed a lawsuit against the Federal government, based on the claim that
he had slipped and fallen while taking a shower while (alone, no witnesses,
etc)  in "the hole" on December 14, 1997.  This date was two days after my
sentencing date on December 12, 1997.  I suspect that my crooked lawyer
Peter Avenia passed the word to various other government people (prosecutor,
etc) that, to Avenia,  I accused Lund (and his handlers in the government)
of coordinating the attack.   I wouldn't be surprised to hear, later, that
the US Marshals actually got a hold of Lund and retaliated (by roughing him
up) against him for "spilling the beans".

In any case, apparently Lund had real injuries, although I don't know the
details.  The last reference in the civil case file was that the government
and Lund had settled the case (for what amount, they did not say) in August
2000.    I now have copies of that civil case file, as well as numerous
other Lund papers.  Wanna see 'em???

Jim Bell








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