BANGOR – A Millinocket man was sentenced Thursday to 81/2 years in federal prison for possession of a firearm after being convicted of a felony. He was found guilty of the charge last year after a jury trial.
Jeffrey Paul Barnard, 40, faced up to 10 years in prison. U.S. District Court Judge John Woodcock, however, shaved about 10 months off his sentence as a result of a U.S. Supreme Court decision issued last week. It was the second time in a week that a federal judge in Maine has decreased a sentence because of the ruling.
Woodcock ruled Thursday that Barnard’s sentence could not be increased because of the number of firearms he possessed.
Although the indictment listed the three firearms seized at Barnard’s residence, the verdict form used by the jury during its deliberations did not.
In Blakely v. Washington, a Washington state kidnapping case, the high court last week ruled unconstitutional state sentencing guidelines that allow a judge to use facts not considered by a jury to increase a defendant’s punishment.
Since the justices ruled 5-4 on the case, now referred to as Blakely, prosecutors, defense attorneys and judges at all court levels around the country have been examining their options.
“But for Blakely, I would impose the … increase,” Woodcock said during Thursday’s hearing.
Barnard has prior convictions in California and Maine, according to court documents. He originally was convicted of marijuana possession in California before moving to Maine in 1997.
The arrest that led to Barnard’s day-and-a-half-long trial this week took place almost three years ago. He was arrested at his Kelly Lane home in the early hours of Dec. 3, 2000, on information obtained from a confidential informant by the Millinocket police.
In the bedroom shared by Barnard and his wife, Vicki Barnard, 45, officers found a .22-caliber rifle, an SKS assault rifle and a pump-action shotgun.
Barnard was charged in federal court in August 2001. He was released on a $5,000 personal recognizance bond the next December but was back in jail eight months later for violating bail. He has been in federal custody a total of 32 months, but on Thursday he was granted credit for time served.
Last month, Barnard sued the Millinocket Police Department, the Penobscot County Sheriff’s Department and other officials in federal court over his arrest. He is seeking $300,000 in damages.
Barnard, who was recovering from back surgery when he was arrested, claims that law enforcement officers reinjured his back so badly that he had to have emergency surgery to repair the damage less than 48 hours after his arrest.
Two other sentences not affected by Blakely were handed down this week. Both defendants previously pleaded guilty.
Jeremy Engel, 27, of Bath was sentenced to five years of probation and ordered to repay nearly $20,000 to MBNA, his former employer, after pleading guilty to computer fraud.
Rodney Trott, 41, of Perry was sentenced to two years of probation for lying on an application to purchase a firearm.
Comments
comments for this post are closed