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February 27, 2007

A bunch more government Booker wins in the Circuits

Though defendants got a big safety valve win from the Ninth Circuit on Monday (details here), a number of other circuits had notable opinions rejecting Booker arguments raised on appeal by defendants.  Here's a very quick review:

February 27, 2007 at 08:07 AM | Permalink


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I briefed and argued the Nikonova case. Both Nikonova's parents are research scientists. They brought journals home that might interest their daughter. One,the Journal of Nature Neuroscience, contained an article about men and women's brains showed different activity when exposed to porn. This and the Law & Order Episode prompted Nikonova to develop an hypothosis that pedophiles shown child porn might show different brain activity than non-pedophiles. Evidence proved that Nikonova was an accomplished researcher for her age (e.g. at 15 she placed first in her school's social science fair with a project on evolutionary psychology and depression in adolescents.) Additionally, she speaks five languages fluently.
Nikonova was interviewed for over 10 hrs by two agents from the FBI's Behavioral Analysis Unit at Quantico. Their written report stated that "Nikonova is indeed an aberration, in that she had no specific sexual preference for children."
Because she is subject to deportation, Nikonova is housed in a low security prison in Danbury, Ct. 1400 miles from her parents home. She will be deported to Russia when her sentence is completed; a country she left at age 13.

Posted by: Richard Crane | Feb 28, 2007 10:01:51 AM

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