U.S. v THOMAS

Final Order 4/4/86

UNITED STATES of America

Criminal No 83-186

v.

William Thomas,

Defendant.

MEMORANDUM AND ORDER

The defendant was sentenced on December 21, 1983, to serve six months in the custody of the Attorney General. He thereafter appealed his conviction.

In imposing sentence, this Court stated to defendant that if his conviction is affirmed on appeal, "I will have a further opportunity to reconsider this sentence in light of your ability to conduct your protest in accordance with the law." Sentencing Memorandum at 4 (filed Dec. 22, 1983) (copy attached)· The Court of Appeals' affirmed the judgment. United States v. Thomas, 753 F.2d 167 (D.C. Cir. 1984), cert. denied, 106 S. Ct. 195 (1985). The Mandate was issued on October 21, 1985.

On January 16, 1986, defendant filed a motion to reduce sentence pursuant to Fed. R. Crim. P. 35. In that motion he represented convincingly that since he was sentenced he had attempted to conduct his protest in accordance with the law. This has been demonstrated by his conscientious resort to a civil action as the forum for resolution of his continuing dispute with

the government. Thomas v. United States, Civil Action No. 84-3552. In that dispute he is attempting to assert and vindicate rights guaranteed to him under the First Amendment (albeit pro se).*/ Enough time has elapsed since his motion was filed to enable the Court to confirm its impression that defendant's post-sentence conduct reflects a positive response to the Court's statement to him at sentencing and justifies the sentence reduction which he seeks. The elapse of this time was necessary and appropriate in order to enable the Court to make the observations here recorded. The government has not opposed his motion to reduce sentence. Accordingly, it is this 4th day of April, 1986, hereby

ORDERED: that the sentence imposed by this Court on December 21, 1983, remanding defendant to the custody of the Attorney General for a period of six months incarceration is hereby VACATED; and it is further

ORDERED: that defendant's sentence' is reduced to a period of probation of six months, on the special condition that defendant continue to seek advance administrative guidance or permission before engaging in arguably prohibited activity on the White House sidewalk and, if and when dissatisfied with any advance administrative action, to seek judicial review of it and to abide by the final administrative and court decisions; and it is further

[* The Court (with full cooperation from the government) has made several unsuccessful attempts to arrange for counsel to represent Mr. Thomas in his civil action. He has counsel in this criminal case.]

ORDERED: that defendant's Petition for Writ of Error Coram Nobis remains under advisement.

(signed) Louis F. Oberdorfer

UNITED STATES DISTRICT JUDGE

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