Reference in Sentencing to Defendant’s Disliking “Judeo and Christian Values Because They Are Good for Civilization” Didn’t Violate the First Amendment

In U.S. v. Melzer, the Second Circuit upheld the district court’s judgment against Ethan Phelan Melzer for attempting to murder U.S. service members, providing material support to terrorists, and illegally transmitting national defense information. Melzer, a member of a violent, white supremacist, neo-Nazi, Satanist group, plotted an attack on his fellow servicemembers while stationed in Italy. Despite Melzer’s objection to the district court’s comments on his ideological beliefs at sentencing, the court’s consideration of these beliefs did not affect the length of his sentence. The court’s remarks were based on the factual recitation in the Pre-Sentence Report and were relevant to proving motive and aggravating circumstances. Therefore, Melzer’s argument for resentencing was dismissed, as there was no indication that his beliefs influenced the court’s decision. It is evident from the evidence presented that the district court briefly mentioned O9A’s ideology and its opposition to Judeo-Christian values while considering Melzer’s motive for the offense. This was done in accordance with the Section 3553(a) factors, particularly in relation to future dangerousness. Despite Melzer’s claim that the district court made a value judgment about Judeo-Christian values being “good for civilization,” it is clear that this reference was made to explain Melzer’s and O9A’s views on those values and why they believed violent actions were necessary to achieve their goal of chaos. The district court’s comments during sentencing further clarified that Melzer was not being sentenced for his beliefs or ideologies, but rather for his criminal actions in Italy that were motivated by those beliefs, including providing support to terrorists and attempting to kill his fellow soldiers. The government’s representatives are Matthew J.C. Hellman, Samuel Adelsberg, Kimberly Ravener, and James Ligtenberg.

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