-- The 10-page ruling of case No. 11-3868 is now available online.
In late 2002, Hale filed a class action lawsuit against Judge Joan Lefkow, the United States district court judge presiding over his trademark case. Again in late 2002 and prior to his arrest, Hale denounced Lefkow in a news conference, claiming that she was biased against him because she was married to a Jewish man and had grandchildren who were biracial. On January 8th, 2003, Hale was arrested and charged with soliciting an undercover FBI informant (Tony Evola) to kill Lefkow; he was subsequently convicted of two counts of obstructing justice and one count of soliciting a crime of violence. On April 6th, 2005, he was sentenced to a grossly disproportionate 40-year prison term, despite the fact that no connection was established between Hale and the subsequent murder of Lefkow's mother and husband on February 28th, 2005.
A previous account of the case reveals why the Feds sentenced Hale to 40 years. The Feds played the "terrorism" card:
Hale was sentenced on April 26, 2005. In light of United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), the district court acknowledged that the sentencing guidelines were advisory but that it was nevertheless required to calculate and consider the applicable guidelines range. For the first obstruction conviction — the one pertaining to Hale's letter to Judge Lefkow — the district court calculated an offense level of 12 after making no adjustments to the base offense level found in U.S.S.G. § 2J1.2(a). As for the second obstruction conviction, which pertains to Hale's attempts to impede Judge Lefkow in the discharge of her duties by soliciting her murder, the district court calculated an adjusted offense level of 23, after adding upward adjustments because the offense involved threatening to cause physical injury, see U.S.S.G. § 2J1.2(b)(1), and because the crime was motivated by Judge Lefkow's status as a government officer, see id. § 3A1.2(a)(1)(A).
On the count of soliciting a crime of violence, the district court began with a base offense level of 28, see U.S.S.G. § 2A1.5(a), and again added the three-level "official victim" adjustment, see id. § 3A1.2(a)(1)(A), as well as a two-level upward adjustment for obstruction of justice, see id. § 3C1.1. The latter stemmed from letters Hale sent while he was awaiting trial, in which he attempted to convince Jon Fox to testify falsely that Hale had known all along that Evola was a government informant and that Hale could not possibly have intended any harm to Judge Lefkow. Finally, over Hale's objection, the district court applied U.S.S.G. § 3A1.4 to increase the offense level by 12 levels and the criminal history category from Category I to Category VI because the solicitation "involved, or was intended to promote, a federal crime of terrorism."
The resulting total offense level of 45, in combination with the criminal history category of VI, yielded an advisory guidelines sentence of life imprisonment. After addressing Hale's objections at length, the district sentenced him to a total of 480 months' imprisonment. That term equals the maximum statutory penalties of 20 years for the solicitation count and 10 years for each obstruction of justice count.
Hale's currently serving his term at the Supermax facility in Florence, CO, and is scheduled to be released on December 6th, 2037. Hale periodically communicates via his mother with Frazier Glenn Miller, who posts his letters on the Vanguard News Network Forum. The most recent communication from Hale was posted in November 2012. Information on how to communicate with Matt Hale is posted on the Free Matt Hale website.