« Shouldn't all executions now be recorded on video? | Main | New (old) data from the USSC »
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:
- From the Fifth Circuit, US v. Nikonova, No. 05-31093 (5th Cir. Feb. 26, 2007) (available here) (rejecting various intriguing reasonableness arguments including defendant's claim that she developed her "interest in child pornography only after watching an episode of the television show 'Law & Order SVU' and that her interest in the material was 80% motivated by a desire to conduct scientific research and 20% by personal gratification.")
- From the Eighth Circuit, US v. Gonzalez-Alvarado, No. 06-1613 (8th Cir. Feb. 26, 2007) (available here) (reversing below-guideline sentence) and US v. Lynch, No. 06-2894 (8th Cir. Feb. 26, 2007) (available here) (affirming long sentence as reasonable).
- From the Tenth Circuit, US v. Ruiz-Terrazas, No. 06-2138 (10th Cir. Feb. 26, 2007) (available here) (rejecting challenge to sentence when district judge entirely failed to "specifically address the Section 3553(a) arguments Mr. Ruiz-Terrazas pursued in his brief or at oral argument")
February 27, 2007 at 08:07 AM | Permalink
TrackBack
TrackBack URL for this entry:
https://www.typepad.com/services/trackback/6a00d83451574769e200d834e7cb1153ef
Listed below are links to weblogs that reference A bunch more government Booker wins in the Circuits:
Comments
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
