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Criminal Law

: Sentencing Law and Policy

Constitutional rejection of severe mandatory minimum sentence getting attention for circuit nominee

By Douglas A. Berman

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This effective new article in today's Atlanta Journal-Constitution , which is headlined "Appeals nominee set sentence rule aside," reviews a notable ruling in a federal sex offense case by one of President Obama's latest circuit court nominees. Here are a few details: Kelly Brenton Farley had it all planned out: fly into Atlanta for business, hook up with a woman he met on the Internet and have sex with her and her 10-year-old daughter. But Farley never got the chance. When his plane landed in Atlanta, he was ensnared in an undercover FBI sting, arrested and later convicted at trial. For crossing state lines to engage in sex with a child under 12, Farley faced a 30-year minimum mandatory prison sentence set by Congress. But U.S. District Judge Beverly Martin ? President Barack Obama?s nominee for the federal appeals court in Atlanta ? declined to impose it...continue to full post

Full post as published by Sentencing Law and Policy on July 12, 2009 (boomark / email).

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