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Seventh Circuit reverses above-guideline sentence for female sex offender as unreasonable

By Douglas A. Berman

The Seventh Circuit has a fasciating little reasonableness ruling today in US v. Miller, No. 09-2791 (7th Cir. Apr. 13, 2010) (available here).  Here is how the opinion starts: Catharine Miller pled guilty to one count of traveling in interstate commerce to engage in prohibited sexual conduct with a fourteen-year-old girl in violation of 18 U.S.C. § 2423(b).  At her sentencing hearing, the district court overruled Miller?s objections to the presentence report and adopted the report?s recommended Guidelines sentencing range of seventy to eighty-seven months.  The government argued for a sentence above the Guidelines range. The court sentenced Miller to a 120-month prison term.  Miller has appealed her sentence. We vacate the sentence and remand for resentencing...continue to full post

Full post as published by Sentencing Law and Policy on April 13, 2010 (boomark / email).