Team Kimberlin Post of the Day

When Brett Kimberlin was convicted in the Speedway Bombing case, one of the charges was possession of explosives by a felon. He had a felony conviction for perjury on his record at the time of the bombings which made him a “prohibited person” for purpose of possessing firearms, ammunition, or explosives. Of course, he filed an appeal in the case. Here are the first two paragraphs of the Seventh Circuit’s rejection of his appeal [United States v. Kimberlin, 776 F.2d 1344 (1985)].

Among Brett Kimberlin’s many convictions are two for receiving explosives, which felons may not do. 18 U.S.C. § 842(i)(1). One count charged Kimberlin with receiving blasting caps, the other with receiving a plastic explosive. The district court sentenced Kimberlin in 1981 to concurrent terms of five years’ imprisonment, terms that run consecutively to other terms imposed in Indiana and Texas for dealing in drugs. We affirmed the explosives convictions by an unpublished order, and on April 18, 1983, the Supreme Court denied Kimberlin’s petition for certiorari, 460 U.S. 1092, 103 S.Ct. 1792, 76 L.Ed.2d 359 (1983).

Kimberlin filed a motion 116 days later, on August 12, 1983, seeking a reduction of sentence under Fed.R.Crim.P. 35(b). He argued that he had begun to cooperate with the government and should receive a reward. The government opposed the motion — ungratefully, if one believes Kimberlin, although the government’s position is that Kimberlin has never provided it any help concerning his dealings in explosives and that to the extent he has offered other aid he should direct his plea to the Parole Commission rather than the court. Kimberlin also filed a motion to disqualify Judge Steckler, who had sentenced him. On August 23 Judge Steckler stepped aside. By now 127 days had passed since the denial of certiorari, or seven days more than the 120 provided by Rule 35(b). No one drew the question of timeliness to the attention of Judge Dillin, to whom the case had been reassigned. On November 8 Judge Dillin denied the motion, concluding that Kimberlin had not “presented any facts which warrant a reduction or modification” of the sentence.

Begun to cooperate? Receive a reward?

Uh, huh.

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