Kramer to be released!!
 

It appears that Blakely v. Washington is resulting in the release of Ben in the coming year. The sentencing Judge departed upwards without jury input and the life sentence must be redone, meanwhile he should be released on Supersedeas bond.

(Hows that fightclub?)

Re: Kramer to be released!!
 

Oh lord....here we go...
Pop Corn Please :D

Re: Kramer to be released!!
 

One of my buddies was telling me about this the other day. He got upwards departed on a case that under the sentencing guidelines should have earned him 6 months probation, instead he did 18 months & has 2 years of probation.

He will never get his 18 months back, but it looks like his probation might be ending early....

Re: Kramer to be released!!
 

Maybe he'll join our website when he gets out?? :D

Re: Kramer to be released!!
 

Joining OSO should be part of the parole conditions.......he thought the Pen was a tough crowd :drink:

Re: Kramer to be released!!
 

When he gets out he will head straight to Saccenti's house, then pick up Eickert and head to Miami. He's gotta get an extra large bolster in the old Apache and show them boys in P2 what time it is!!!!

Re: Kramer to be released!!
 

I hope he stays in jail.

Re: Kramer to be released!!
 

You seem to know something I don't about Blakely's application to the Federal Sentencing Guidelines. FanFan and Booker were argued last Monday, but I haven't seen where an opinion has come down, yet. I agree that Blakely would seem to apply, but some appeals circuits didn't seem to have much trouble ruling otherwise. :confused:

Re: Kramer to be released!!
 

no . . moderating the Apache section of the board should be :D :D

Re: Kramer to be released!!
 

I wouldnt wish that upon anyone! :(

Re: Kramer to be released!!
 

Good info. Thanks for the reply. :cool:

Re: Kramer to be released!!
 

interesting...... and i seriously just had free ben kramer stickers made up :cool:

Re: Kramer to be released!!
 

Old info........but interesting to read I guess.

http://www.njppc.com/OldOffshoreStor...Sept261996.htm

Re: Kramer to be released!!
 

remember if kramer had not gotten life for the drug charges, he would already would be out from this charge( which he has always said was a plea of convenience)

Re: Kramer to be released!!
 

Wasn't he serving a second life sentence for pleading guilty to involvement in Don's murder? What about those charges?

Re: Kramer to be released!!
 

My limited understanding of the issue is that he has served out all his murder charges but is still if for the drug dealing stuff?

Jon

Re: Kramer to be released!!
 

Why does anyone other than his family and friends give a fu@k ??

I don't get it.

:confused:

Re: Kramer to be released!!
 

Because Thad couldn't build a new Apache so they are hoping that Ben will go back into the boat building business and produce the boat that everyone has dreamed of for so long.

Do you think he had time to come up with a new set of plans or will he just splash an old hull?

Re: Kramer to be released!!
 

Exactly......He was just the $$ behind Apache, No ??....The builders are still
out there.

Re: Kramer to be released!!
 

Is it April 1st? What a joke.

Benny
:snide: :blaster:

Re: Kramer to be released!!
 

Bill of Rights

Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.


Amendment II

A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.


Amendment III

No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.


Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.


Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.


Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.


Amendment VII

In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.


Amendment VIII

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.


Amendment IX

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.


Amendment X

The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

Re: Kramer to be released!!
 

Apache is gone, why can't they let it die with a shred of dignity? Scarab is dead too but you don't see us Scarab fans hoping that Wellcraft will break ranks with Genmar and hire Larry Smith as president and chief designer.

Jeeze
Roby

Re: Kramer to be released!!
 

I guess that Jack , Lucy and Maxines "Free Ben" T-Shirts were a good idea after all!! :eek: :p :D :drink:

D-Hlaw started this thread in response to Fightclub saying that the board was dead... and all of you fell for it!!


Hey Saber28,
Send me 20 of your bumper stickers.....NOT :rolleyes: :rolleyes:

Re: Kramer to be released!!
 

[QUOTE=craig223]I
D-Hlaw started this thread in response to Fightclub saying that the board was dead... and all of you fell for it!!

Goes to show you, a smooth talking or smooth typing lawyer can get you to believe anything :D I hope he wasn't TUO, (typing under oath). I do think he deserves a "time out" for falsifying and perpetuating untruths via the Internet. :rolleyes:

Re: Kramer to be released!!
 

I guess it would be a little difficult for him to ask Don Aronow to design and build him another Offshore Powerboat.

Re: Kramer to be released!!
 

Hey guys -- I hate to tell you that even though it was a joke, there is a kernel of truth at it's center. The Supreme Court really is examining that issue and many expect upward departures based on extraneous issues to be ruled unconstitutional. The only question then will be whether it will apply retroactively. (For the record, I expect them to be held unconstitutional, but the ruling to be prospective only.)

I don't recall if Benny was an upward departure case, but if he was, you can expect there to be further proceedings. :cool:

Just my .02...

Re: Kramer to be released!!
 

Actually the ruling would have to act retroactively also..... Ben was sentenced pursuant to a guidelines sentence but many of the enhancers are questionable.

Re: Kramer to be released!!
 

I got $100.00 bucks that they find a way to say it is prospective in effect only. (I'd be happy to lose this one.) Remember -- They aren't last because they are always right... They are right because they are always last. :eureka:

Re: Kramer to be released!!
 

It's great when two lawyers can agree.

_____________________
For the love of the sport

Re: Kramer to be released!!
 

So what all is he in for and how long?

Hopefully everyone sees the innocence of a question....