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District Court finds AWA mandatory sentence unconstitutional under the Eighth Amendment

By Douglas A. Berman

Thanks to this post at Sex Crimes, I have learned of this recent federal district court opinion which concludes "that a 30-year mandatory minimum sentence for [the defendant], under the specific facts of his case, is so grossly disproportionate to his crime as to constitute cruel and unusual punishment in violation of the Eighth Amendment to the United States Constitution."  US v. Farley, NO. 1:07-CR-196-BBM, slip op. at 8 (N.D. GA. Sept. 2, 2008).  Unfortunately, this Farley decision does not fully review all the key "specific fact," but this section of the opinion provides the essential highlights:The court fully recognizes the serious nature of Mr. Farley?s offense.  He believed a ten year old child to exist and took steps to engage in sexual activity with her...continue to full post

Full post as published by Sentencing Law and Policy on September 17, 2008 (boomark / email).