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Second Circuit balks at genetic sentencing view of federal child porn offender

By Douglas A. Berman

Though I think the child porn restitution decision by the Eleventh Circuit in McDaniel (discussed here) was the biggest federal sentencing story yesterday, today's New York Times has this piece reporting on another notable appellate ruling in a child porn sentencing setting.  The piece is headlined "Court Rejects Judge?s Assertion of a Child Pornography Gene," and it starts this way: A federal appeals court in Manhattan overturned a six-and-a-half-year sentence in a child pornography case on Friday, saying the judge who imposed it improperly found that the defendant would return to viewing child pornography ?because of an as-of-yet undiscovered gene.? The judge, Gary L. Sharpe of Federal District Court in Albany, was quoted as saying, ?It is a gene you were born with...continue to full post

Full post as published by Sentencing Law and Policy on January 29, 2011 (boomark / email).