Judge Sticks to His Guns, Gives Robber Same Term as Before : Courts: Jurist says ‘Miss America Bandit’ was under influence of boyfriend. After mandated review, he stays with 18-month sentence.

A Los Angeles federal judge Monday resentenced the so-called “Miss America bandit” to the same lenient term that was overturned last year, saying he still believed that the woman had robbed five South Bay banks while under “the malevolent and irresistible influence of her boyfriend.”

U.S. District Judge A. Andrew Hauk said it would constitute “cruel and unusual punishment” to compel Dannielle T. Mast to spend more time behind bars than the 18 months she served at the Federal Correctional Institution in Pleasanton.

Mast’s legal problems are not over, however. In late December, the U.S. attorney’s office indicted her on 13 counts of bank fraud and one count of conspiracy, stemming from a 1988 scheme in which she allegedly participated.

Mast, 28, pleaded not guilty to the new charges last Thursday and is free on $25,000 bail.

Hauk, one of the most controversial federal judges in Los Angeles, generated a furor in May, 1989, when he sentenced Mast to less than half the time recommended by federal sentencing guidelines. At the time, he declared that women are “soft touches” for clever men, “particularly if sex is involved.”

The guidelines called for 57 months to 71 months and Hauk imposed a two-year term. She was released after 18 months in Pleasanton and two months in an Oregon halfway house. She now works as a secretary on supervised release.

The judge said that Mast, a former high school cheerleader from Oregon dubbed the “Miss America bandit” by FBI agents, had fallen under the “Svengali” spell of her boyfriend, Lonnie Jackson, who has a lengthy criminal record.

Hauk’s remarks precipitated a firestorm of criticism. The California Women Lawyers organization called for his impeachment, stating in a letter to the chief judge of the U.S. 9th Circuit Court of Appeals that Hauk had in several instances manifested “sexist, racist and homophobic attitudes.”

The appeals court declined to take disciplinary action against Hauk but early last year reversed his sentencing decision on technical grounds, saying the judge had ignored Mast’s previous conviction of drunk driving in calculating her sentence. The court directed Hauk to resentence Mast after making additional factual findings.

Hauk ordered examinations of Mast by psychiatrists in an attempt to determine her motivation for committing the robberies. She did not testify during her trial, did not claim she acted under duress, and told a probation officer she had been a victim of misidentification. The Svengali issue was first raised by her defense lawyer in papers filed in connection with the sentencing.

On Monday, court-appointed psychiatrist William Vicary testified that Mast told him Jackson had beaten her and threatened her “with serious physical injury or death.” Assistant U.S. Atty. Gregory Alarcron countered by saying Mast never told Vicary she was coerced into committing the crimes.

Hauk then rebuked the prosecutor: “You’re trying to blacken this girl’s character.” Alarcon denied the charge, saying he was “trying to show she wasn’t coerced.”

Hauk agreed with defense lawyer Philip Deitch’s contention that her drunk-driving conviction should not be taken into account because this would “significantly overrepresent” her criminal history.

Alarcon said he would consult with Justice Department attorneys in Washington on the possibility of another appeal.

Duing the hearing, Hauk also criticized the U.S. attorney’s office for failing to notify him when Mast was indicted on new charges in December. That case was assigned to a different judge and Hauk charged that prosecutors were “judge shopping”--attempting to get the case in front of a friendlier judge.

“I think that this sort of action by the government is outrageous,” Hauk said. The judge said he had recently gotten the new case transferred to him.

Assistant U.S. Atty. Matthew Frank said that prosecutors did not believe the new case should automatically be assigned to Hauk because there is also a second defendant in the new case. Alarcon said the government was not being vindictive.