JOCKO'S SENTENCE OVERTURNED

19-Year Term Too Harsh, Court Rules

The 19-year prison term handed to former Jocko's Rocket Ship owner Robert
"Boot" Schuh was too harsh, a federal appeals panel has ruled, because it
improperly considered Schuh as the organizer of constant cocaine dealing at
his bar.

The U.S. 7th Circuit Court of Appeals in Chicago ruled Wednesday that U.S.
District Judge John Shabaz wrongly found that Schuh was the leader of the
drug selling practices at the Gilman Street bar and thus improperly raised
the amount of time he could be sentenced to.

The court ordered a new sentencing hearing in the case.

At Schuh's sentencing hearing his attorney, Ronald Benavides, argued that
Schuh was a drug addict and alcoholic who was most often too drunk or high
to organize anything and should not be subjected to the seven extra years
allowed under the federal sentencing guidelines for being a leader.

The federal appeals court agreed that Shabaz had wrongly applied the law in
raising the guidelines, saying that two of the reasons given by Shabaz were
unsupported by evidence and the remainder were insufficient to raise the
amount of time in prison.

Shabaz said that because Schuh received cocaine on occasion from dealers in
his bar he could have demanded a greater share of the cocaine, that he
controlled access to the basement where dealers weighed and packaged
cocaine, that he sometimes watched cocaine sales, that he required dealers
to be discreet and be aware of new patrons who might be undercover police,
that he steered customers to dealers and that he "banished" two dealers
when they broke rules.

The appeals court said that it was speculation on the part of Shabaz as to
whether Schuh could have received greater amounts of cocaine for allowing
the dealing and that Shabaz was wrong on why two dealers were banned from
the bar.

Given that the remaining reasons to tab Schuh as an organizer or leader of
the cocaine dealing were insufficient under the law, the court sent the
case back to Shabaz for a new sentencing hearing, which will result in a
shorter sentence for Schuh.

"Schuh had little decision-making authority and played a minor role in
planning or organizing the" drug dealing, the court said. "Schuh did not
supply the cocaine to the dealers or control who sold it, when they sold
it, at what price they sold it, how they acquired it, how much or to whom
they sold, what type they sold, or how many dealers could sell at Jocko's
at any given time."

Schuh and eight dealers were arrested and later convicted after some two
dozen state, local and federal agents armed with rifles and shotguns
stormed the Rocket Ship on Dec. 11, 1999. Using methods rarely used in
Madison before, the contingent of law officers cut off electricity to the
bar and stormed into the premises, knocking some customers to the floor and
shining floodlights mounted on shotguns in their faces, according to some
accounts by those present.

Eventually a grand jury indicted nine people in the case, with most of
those receiving prison sentences. Two of those nine, Lisa Nolen and Curtis
Lane, had also appealed their sentences to the Seventh Circuit, but their
lawyers asked to withdraw the appeals, and the court granted those motions
Wednesday.

About a dozen firefighters who reportedly used or bought cocaine at the
Rocket Ship were also caught up in the undercover investigation into
Jocko's. Although they were never charged, Fire Chief Debra Amesqua sought
sanctions against them in front of the Police and Fire Commission.

Eight firefighters were suspended or fired, and four of those have appealed
their cases to Circuit Court, where they are pending.