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Judge Lucero: "Overruled"

By Melody Evans and Kirk Redmond

Again borrowing from the erudite Prof Berman and his blog, here's the big news on the 10th Circuit front today:In a lengthy decision, a split Tenth Circuit panel upheld the reasonableness of a below-guideline sentence in a sex offense case in US v. Smart, No. No. 06-6120 (10th Cir. Mar. 4, 2008)available here). Here is how the majority opinion starts:Christopher Wayne Smart was convicted of inducing a minor to engage in sexually explicit conduct for the purpose of producing videotapes depicting such conduct in violation of 18 U.S.C. § 2251(a). Exercising its discretion under United States v. Booker, 543 U.S. 220 (2005), Smart?s sentencing court concluded that his United States Sentencing Guidelines (?Guidelines?) range of 168 to 210 months? imprisonment overstated the seriousness of his offense, and varied downward, imposing a sentence of 120 months? imprisonment...continue to full post

Full post as published by Kansas Federal Defender on March 05, 2008 (boomark / email).