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Ninth Circuit holds 28-year failure to register sentence disproportionate

I don't regularly blog about other rulings from other jurisdictions, but did want to note this blog entry highlighted on Sentencing Law and Policy here. The Ninth Circuit held that a 28-year sentence for failure to register was grossly disporportionate.

I just note this because we are seeing more and more of these type of cases in Kansas and expect to see a lot more with the huge increase of comparatively minor offenses (i.e. possession of drugs with intent) that now require offender reporting. Because failure to report is now SL5, we are likely to see sentences for failure to report that far exceed the original sentence. If you are in that situation, remember to raise a proportionality objection, both under the federal and state constitutions.

Full post as published by Kansas Defenders on December 31, 2008 (boomark / email).