6 August 2003
Sherman Austin was arrested with other protesters at the World Economic Forum in New York in February 2002 on charges of disorderly conduct and unlawful assembly. While in New York, federal charges were handed down in California. Austin said he took a plea bargain because he feared his case was eligible for a terrorism enhancement, which could have added 20 years to his sentence. The plea deal had called for him to serve four months.
-- CNN, Man jailed for linking to bomb sites, August 5, 2003
Sherman Austin files of first indictment and dismissal:
http://cryptome.org/usa-v-sma-dkt.htm [this file]
Sherman Austin files for second indictment:
What the FBI Doesn't Want You to See at RaisetheFist.com
The free speech contents of Raisethefist.com:
16 February 2002: California docket updated. Case dismissed. See news report:
New York detention hearing transcript, February 7, 2002
13 February 2002: New York docket updated.
8 February 2002
Source: Electronic files of US Federal Courts via PACER.
Search warrant and affidavit:
Affidavit in support of complaint and arrest warrant:
Dockets from Central District of California (Los Angeles) and Southern District of New York (New York City, Manhattan).
From Central District of California:
|Docket as of February 15, 2002 7:14 pm||Web PACER (v2.3)|
SHERMAN MARTIN AUSTIN (1) defendant [term 02/13/02] Pending Counts: NONE Terminated Counts: NONE Complaints Disposition Dft in viol of 18:824(p)(2)(A) Cmp dism w/o prej. and 26:5861(d) (-1) U. S. Attorneys: NONE
2/4/02 1 COMPLAINT filed against Sherman Martin Austin in violation of 18:842(p)(2)(A) and 26:5861(d). Approved by Magistrate Judge Jennifer T. Lum. (step) [Entry date 02/05/02]
2/4/02 -- BENCH WARRANT issued for Sherman Martin Austin by Magistrate Judge Jennifer T. Lum. (step) [Entry date 02/05/02]
2/13/02 2 ORDER filed by Magistrate Judge Carla M. Woehrle as to Sherman Martin Austin: Dismissing case as to Sherman Martin Austin (1) count(s) cmp. Cmp dism w/o prej. (cc: all counsel) (sbr) [Entry date 02/15/02]
From Southern District of New York:
PACER session date: Tuesday February 12, 2002 12:51:59 PM EST Docket as of February 11, 2002 10:20 pm Page 1 Proceedings include all events. 1:02m 253-ALL USA v. Austin U.S. District Court Southern District of New York - Civil Database (Foley Square) CRIMINAL DOCKET FOR CASE #: 02-M -253-ALL USA v. Austin Filed: 02/04/02 Dkt# in other court: None Case Assigned to: Judge Unassigned SHERMAN MARTIN AUSTIN (1) Susan V. Tipograph defendant [COR LD NTC ret] 351 Broadway NY, NY 10013 (212)431-5360 Pending Counts: NONE Terminated Counts: NONE Complaints Disposition 18 U.S.C. 842 (p)(2)(A): DISTRIBUTION OF INFORMATION RELATING TO EXPLOSIVES, DESTRUCTIVE DEVICES, AND WEAPONS OF MASS DESTRUCTION WITH THE INTENT THAT SUCH INFORMATION BE USED IN FURTHERANCE OF A FEDERAL CRIME OF VIOLENCE; 26 U.S.C. 5861(d): POSSESSION OF A FIREARM WHICH IS NOT REGISTERED TO HIM IN THE NATIONAL FIREARMS REGISTRATION AND TRANSFER RECORD. U. S. Attorneys: Victor L. Hou [COR LD NTC] United States Attorney Criminal Division Docket as of February 11, 2002 10:20 pm Page 2 Proceedings include all events. 1:02m 253-ALL USA v. Austin 1 St. Andrews Plaza New York, Ny 10007 212-637-2400 Docket as of February 11, 2002 10:20 pm Page 3 Proceedings include all events. 1:02m 253-ALL USA v. Austin 2/3/02 -- ARREST (Rule 40) of Sherman Martin Austin. (gq) [Entry date 02/05/02] 2/4/02 1 RULE 40 AFFIDAVIT (Central District of California) by Ann Kuhn, Special Agent, Federal Bureau of Investigation, as to Sherman Martin Austin. (Signed by Mag. Judge Henry Pitman). (gq) [Entry date 02/05/02] 2/4/02 2 NOTICE of Appearance for Sherman Martin Austin by Attorney Susan V. Tipograph (gq) [Entry date 02/05/02] 2/4/02 -- First Appearance as to Sherman Martin Austin held. Deft appears with atty Susan V. Tipograph. AUSA Victor Hou present for the gov't. Detention Hearing adjourned on joint request to 2/7/02 at 2:30 P.M. - Deft detained until hearing 18 U.S.C. 3142(f). Detention Hearing set for 2:30 2/7/02 for Sherman Martin Austin ; (before Magistrate Judge Henry B. Pitman). (gq) [Entry date 02/05/02] 2/7/02 -- Detention hearing as to Sherman Martin Austin held with [transcript] defendant, Retained Susan Tipogragh and AUSA Victor Hou for the government. Detained. See detention order. Defendant detained until he appears in Central District of California. My order is without prejudice to a renewed bail application in C.D. of California. before Magistrate Judge Henry B. Pitman . (kwi) [Entry date 02/11/02] 2/7/02 3 ORDER OF DETENTION as to Sherman Martin Austin ( Signed by Magistrate Judge Henry B. Pitman ) (kwi) [Entry date 02/11/02] 2/7/02 4 REQUEST as to Sherman Martin Austin, defendant complains of being cold. I REQUEST (NOT ORDER) that he be provided with a sweatshirt or extra shirts ( Signed by Magistrate Judge Henry B. Pitman ); Copies mailed. (kwi) [Entry date 02/11/02] [END OF DOCKET: 1:02m 253-0]