Michael R. Hogan

District of Oregon

Congress has given me the melancholy duty of entering this sentence here. . . . [T]here is a pretty good argument to be made here that Mr. Pierce does not fit within the so called heartland of an [Armed Career Criminal] charge, although he does have priors. But . . . I have to follow the law, and the [caselaw] seems to effectively limit me taking any
departure action . . . . [1]

Appointed by: President George H.W. Bush, 1991.

Law School: Georgetown University, J.D., 1971.

Prior Legal Experience: Law clerk, Hon. Robert C. Belloni, D. Oregon, 1971-72;
Miller, Anderson, Nash, Yerke & Weiner, 1972-73.

Prior Judicial Experience: U.S. Bankruptcy Judge & U.S. Magistrate (part-time),
D. Or. 1973-80; United States Magistrate Judge, D. Or. 1980-91.

Background and Reputation in the Legal Community

After law school, Judge Hogan clerked for a judge on the court on which he now sits. He practiced law for two years while also tapped to act as a part-time federal Bankruptcy Judge and Magistrate. A full-time appointment to United States Magistrate soon followed in 1980 where he served until he was selected by President George H.W. Bush for the federal bench.

Lawyers consider Judge Hogan to be courteous and fair in the courtroom and very effective at promoting settlements. As lawyers put it, "He's an excellent negotiator." "He uses mediation and arm twisting and some shuttle diplomacy in trying to get settlements." "He is sharp enough to sound out the parties as to what they want and what they expect and he uses that to reach a settlement."

Most civil lawyers say Judge Hogan is fair, but a significant minority feel he can be "conservative and somewhat ideological." Other lawyers defended him stating "conservative isn't he right word, but he doesn't allow emotional arguments to sway his analysis of the case." "I think he is fair. Once he determines where the law is, he is going to rule."

Criminal defense lawyers say that Judge Hogan is pro-government in his rulings. Comments went so far as to say that "He's terribly pro-government." "He's unbelievably pro-government." On sentencing, however, defense lawyers seem to agree that Judge Hogan is fair and "he will give you a downward departure in the right case."

Judge Hogan has been a member of the Judicial Conference, Founder and President of a chapter of the Inns of Court, Chief Judge of the District, and otherwise active in bar and bench activities. Among his rulings that have garnered press attention, Judge Hogan blocked the first doctor-assisted suicide law until higher courts could determine its constitutionality. The same year, the judge ordered the Clinton Administration to allow timber cutting in certain old-growth forests in the Pacific Northwest in accord with a Congressional directive. The Ninth Circuit upheld this decision.

Ronald Eugene Pierce

Charge: Felon-in-Possession of a Firearm.

Sentence: 15 year mandatory minimum.

Projected Release Date: October 31, 2009.

At the time of his conviction in this federal case, Ronald Pierce had been a drug addict and petty criminal for over fifteen years. As a result, he had been in and out of state jails for charges ranging from burglary and forgery to driving on a suspended license and possession of drugs and drug paraphernalia. He had forged checks and unlawfully taken cars, from both his mother and a handicapped person, and he had stolen items ranging from a CB radio to tar paper, all in an effort to support his voracious drug habit. Although three or four of these convictions were felonies, Ronald had never used a weapon in any offense nor had he ever been imprisoned for more than six months for any crime.[2] In addition, all of his burglary convictions involved unoccupied buildings. Nevertheless, it can't be minimized that all totaled, Ronald has amassed approximately twenty-eight misdemeanor and felony convictions over a seventeen year period.

When asked about his early life, Ronald writes that he "pretty much took care of himself and his brothers as a very young teenager. Our mother did the best she could, she had to work all the time."[3] He left home around fifteen or sixteen and started traveling around the country. He briefly tried community college, joined a carnival, worked as a welder, and then as a field mechanic on oil rigs in Wyoming, Montana, and Texas. He married in this period and had two daughters but that marriage ended due to his frequent traveling. For a time, Ronald ended up in Bakersfield, California where he got certified as an Automotive and Diesel Mechanic. He stayed for four or five years, working at White Lane Automotive, and he remarried. However, he got in trouble again and his second wife divorced him after he went to jail on state charges.

After being released from the California penal system, Ronald returned to Oregon where he admits, "I flat gave up, and started doing burglaries, and went to prison."[4] He further explains that he had "been doing some kind of drugs most all of my life, since about the age of 13," and that he had tried drug treatment without success because "at that time I was very rebellious."[5]

Ronald's revolving door with the criminal justice system abruptly ended in April 1995. The circumstances of his federal gun offense are not in dispute. Ronald was seen lurking in and around a "park & ride" lot by a nearby gas station attendant.[6] The deputy that arrived on the scene found Ronald between two cars in the lot. After noticing that the glove box and console of one of the cars was open and the contents strewn across the front seat, he had Ronald empty his pockets which contained among other things, three rounds of ammunition.[7] During a subsequent pat down search, Ronald told the deputy that he had a .25 caliber pistol in his boot.

While being transported to the station, the officer told Ronald that it was illegal to carry a concealed weapon or to possess any firearm if you had been convicted of a felony. Ronald stated that he knew about the felon-in-possession rule and that was why he had hidden the gun, which he claimed he had intended only to deliver to his boss who had been helping out him and his sister-in-law by giving Ronald odd jobs.[8]

The state gun possession case was dismissed and he was released when he finished another sentence.[9] However, he was later indicted and re-arrested on federal charges of being a felon-in-possession of a firearm. Ronald declined the initial plea offer and filed a motion to suppress the gun which was denied. He then pled guilty to the felon-in-possession charge, and in exchange the government dismissed a second count for having a firearm with an obliterated serial number and agreed to a conditional plea, which allowed Ronald to appeal the denial of his suppression motion.[10]

Under the Guidelines, with credit for acceptance of responsibility, Ronald's Offense Level would have been 13 with a sentencing range of 12-18 months. However, he was automatically subject to a fifteen year mandatory minimum under the Armed Career Criminal Act because he had at least three prior burglaries that fell within the statutory definition of a "crime of violence."[11] The government requested that Ronald receive 188 months, but Judge Hogan chose to stay with the statutory minimum of 180 months.

Judge Hogan began the sentencing hearing with a few remarks about his view of what the case was really worth and how the sentencing regime impacted his sentencing discretion:

There is a sense, and there's a pretty good argument to be made here that Mr. Pierce does not fit within the so called heartland of an ACC charge, although he does have priors. I � my count may not be accurate, but a few moments ago I came up with at least 34 prior convictions or charges. Maybe that's with some pending ones. The exact number isn't important, it's just that there is a whole basketful of them.[12]

With this encouragement, Ronald's attorney tried to argue for a departure on the grounds that the fifteen year mandatory minimum was "disproportionate to the qualitative nature of [his] predicate burglaries.[13] Judge Hogan responded, "with regard to just the burglaries, and not considering the other charges, I agree." But, the judge noted that he had to "follow the law," and the law "limit[s] me taking any departure action below the 180 months."[14]

When it was his turn to speak, Ronald did not have that much to say. He wanted the judge to know that he had earned his GED during one of his prison stays and that if he had known how much trouble the gun would have caused him, he would not have taken it to sell to his boss, adding, "I would never have done nothing with it. I would have thrown it away. Because I [] have never used a gun in any kind of offense."[15] Here, Judge Hogan responded only briefly, stating only that "Well, Congress has given me the melancholy duty of entering this sentence here,"[16] and he imposed the minimum 180 months required by the ACCA.

In prison, Ronald has tried hard to educate himself and stay busy. He has worked as a painter and welder and taken soldering, blueprint reading classes and every computer, building, and trade course that has been offered. He reports that he was works almost every day at his current institution at some job and that he has been trained and then volunteered for suicide watch and alternatives to violence programs.

Most importantly, Ronald has also acknowledged that overcoming drug addiction is possible "if a person wants to quit," but he also realizes that "that it is a constant fight." He thinks he finally understands that "drugs is nothing but trouble and a very short relief, and the problems are there when I come back to reality."[17]

Ronald feels he has paid his dues and that fifteen years was too harsh a sentence. However, in complete honesty, he admits that "the 10 years that I have done is pretty much what I needed."[18] He has set his sites on three goals now. First, he now wants "his freedom back and make something of my life." Second, he wants to return home and "make his mother happy for the remaining years of her life."[19] Third, he desperately wants to find his two daughters, Melody Dawn Pellersels and Dusty Rennee Pellersels, last known to have lived in Pendelton, Oregon and asks that anyone who reads this profile and knows them, let them know he is looking for them.

Compiled from Sentencing Transcript, PSI, inmate letters, PACER docket sheet, appellate opinions.

[1]

Sentencing Transcript at 2-3, 8, United States v. Ronald Eugene Pierce, Cr. 96-60144-01 (D. Or. June , 11. 1997).

[2]

He has a felony assault conviction on his record, but that appears to have arisen from a mutual combat situation. He was also convicted of possession of a shotgun for which he received probation, later revoked and converted to a six month sentence.

[3]

August 7, 2006 letter to author at 1 (on file with author).

[4]

Id. at 2.

[5]

Id. at 2.

[6]

At one point, Ronald approached the attendant and repeatedly asked for a cigarette. The attendant was sufficiently nervous that he reached for an ax handle he kept for protection and warned Ronald away.

[7]

When searched at the station, Ronald had a pair of gloves, two flashlights, and a lighter, suggesting that he may have stolen some items from one or more of the cars.

[8]

Ronald reports that this man had been giving him part-time chores such as cutting firewood. He bears him no ill will, saying, "He was just a nice guy." August 7, 2006 letter to the author at 2 (on file with author). He further explained to the judge at sentencing that the reason he had three rounds of ammunition in his pocket was that the man wanted to test fire the gun before accepting it. Sent. Tr. at 8. While this explanation seems less than fully credible on its face, it is worth noting that the gun was actually a .22 caliber revolver, not a .25 pistol as he told the arresting officer, suggesting that Ronald was not familiar with the weapon (and therefore lending some credence to his account that he had only been in temporary possession of the firearm). Later, Ronald explained that he had purchased the gun in pieces and that it only worked by turning the cylinder each time. He believes his boss "was buying it just to help us out." January 8, 2007 letter to author at 1(on file with author).

[9]

The state gun case was apparently dismissed on speedy trial grounds. See May 12, 1997 letter from Assistant Federal Public Defender Charles G. Rodgers to United States Probation Officer Lucinda Palmer (on file with author).

[10]

That appeal was denied by the Ninth Circuit. See United States v. Pierce, 145 F.3d. 1243 (9^th Cir. 1998).

[11]

Under the Guidelines, he was also considered an "Armed Career Criminal," which operated to increase his Offense Level to 33 (reduced to 30 for his early plea). See U.S.S.G. � 4B1.4. With a Category VI Criminal History, his adjusted Guideline range was 168-210 month, which was trumped by the statutory mandatory minimum of fifteen years (180 months).

[12]

Sent. Tr. at 2.

[13]

The prosecutor responded to the judge's implicit criticism of his charging decision by noting the propensity of armed drug users to eventually use their weapons if they are confronted by a citizen while committing an otherwise non-violent offense, especially when under the influence of drugs. The prosecutor also noted that while Ronald "lacks . . . perhaps in quality or seriousness of the offenses, he's more than made up in the quantity of the offenses." Sent. Tr. at 5.

Sent. Tr. at 3.

Sent. Tr. at 8.

Sent. Tr. at 8.

August 7, 2006 letter at 2.

[18]

Id..

[19]

Id.