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December 6, 2005

Just another day of federal sentencings

It is never hard to get excited about sentencing issues because the facts of so many cases are fascinating (and, of course, often very sad).  Consider these stories about federal sentencings that took place on Monday:

  • This article reports on the sentencing of "a former high-ranking official with the Boy Scouts of America" who was given "eight years in federal prison ... for possessing hundreds of images and videos depicting children in sexually explicit acts."

  • This article reports on the sentencing of a "former investment manager who admitted stealing about $30 million from investors" and was given "just over 11 years in prison after his victims blasted him for betraying their trust and ravaging their lives."  Interestingly, not only did the sentencing judge also order the defendant "to pay $31.7 million in restitution," he also ordered "a transcript of victims' remarks be kept in [the defendant's] prison cell while he serves his sentence, and later, in his home during three years of supervised release."

  • This article reports on the sentencing of the "mastermind of an arson spree that did $10 million damage in a development under construction outside Washington" who was given "19 years and seven months, the maximum allowed under federal sentencing guidelines [and was] also ordered to pay victims more than $3.2 million in restitution."

UPDATE: Here are more interesting stories about more federal sentencings that took place on Monday:

  • This article reports on the sentencing of a former "school district employee arrested earlier this year after he had child pornography videos mailed to his home" who was given "six-and-a-half years in prison."

  • This article reports on the sentencing of an "admitted drug dealer ensnared in an international Ecstasy ring" who was given "15½ years in prison."

December 6, 2005 at 01:00 AM | Permalink

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Comments

It seems like the commerce clause hook that the government took in the article about the arsonist being sentenced to 20 odd years would run afoul of Jones v US, 529 US 848 (2000), where a unanimous court found that a private residential property not used for any commercial purpose cannot be covered under the federal arson statute 18 USC 844(i). The excuse that a developer was from out of state would seem to be irrelevant if the homes that were burned were simply private residences. I think this defendant should appeal and should win.

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Posted by: richard | Jun 26, 2007 2:39:29 PM

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