Tax protester in 2007 armed standoff to remain in prison

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FILE - In this June 18, 2007 file photo, Edward Brown speaks to reporters during a news conference at his home, in Plainfield, N.H. Brown, 78, is up for re-sentencing Tuesday Sept. 29, 2020 over a months long armed standoff with U.S. marshals in 2007 to protest a tax evasion conviction. Brown, originally sentenced to 37 years in prison, says he should be sentenced to the 13 years he has already served. (AP Photo/Jim Cole, File)

CONCORD, N.H. – A New Hampshire man will face more time in prison, a judge decided Tuesday in a case resulting from a monthslong armed standoff with U.S. marshals in 2007 over a tax evasion conviction that led to the discovery of explosives and booby traps on his property.

A judge resentenced Edward Brown to 25 years in prison on charges resulting from the standoff. Brown has already served 13 years, five for the tax conviction, followed by eight from the standoff, resulting in about 17 additional years in prison.

“It’s a death sentence, is what it is," Brown, 78, said to a friend as he was led away in handcuffs. His lawyer filed a notice of appeal.

Brown was originally sentenced to 37 years in prison after the standoff at his fortress-like home in Plainfield, New Hampshire. His wife, Elaine Brown, received a 35-year sentence. A judge decided in January she could be released after serving over 12 years. She is seeking a divorce.

One charge against the Browns that involved the use of explosives carried a mandatory minimum sentence of 30 years. It was vacated following a U.S. Supreme Court decision last year that found the provision of the law under which they were convicted was invalid.

Edward Brown had said resentencing him would be unconstitutional, violating the Fifth Amendment due process clause and the double jeopardy prohibition against multiple punishments for an offense.

He also cited his minimal history of criminal behavior, declining health, age and risk factors for complications from COVID-19, along with the fact that Elaine Brown and two other defendants were sentenced to time served.

U.S. District Judge George Singal rejected those arguments. He said he believed after talking to Elaine Brown and the others that they had expressed remorse and had learned something during the time they were in prison.