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Irey: En Banc reversal of child molester sentence

By Tim Cone

In U.S. v. Irey, No. 08-10997 (July 29, 2010) (en banc), the Court reversed as substantively unreasonable a sentence of 210 months, below the Guidelines advisory sentence (and statutory maximum) of 360 months, because the district court failed to adequately punish a sex offender convicted of coercing minors to engage in sexually explicit conduct outside the United States, in violation of 18 U.S.C. § 2251(c).The Court noted that, contrary to other Circuits, it found no ?parsimony principle? in 18 U.S.C. § 3553(a)?s instruction to impose a sentence ?sufficient, but not greater than necessary,? to achieve the listed sentencing purposes. The Court stated that the statute is ?result neutral.?The Court noted that the government did not appeal any of the district court?s findings of fact...continue to full post

Full post as published by Defense Newsletter Blog on August 02, 2010 (boomark / email).