U.S. vs. Williams, No. 10-30084 (3-7-11) (O'Scannlain with Beezer and Paez). Convicted of receipt of child pornography, and sentenced to 15 years, the defendant appealed his life term of supervised release, arguing that it constituted "cruel and unusual punishment." The 9th had little trouble, under these facts, of affirming the SR term. It explained that there were two ways to challenge a sentence under the Eighth Amendment. One way was to look at the grossly disproportionate sentence for this case under these facts; the second is to look at a class of cases and find that the punishment of that class is disproportionate. Here, dealing with the defendant, who had a prior conviction of sexual assault, and who admitted to certain troubling fantasies, the 9th held that the term as applied to this case was not violative of the Eighth Amendment, nor was the term as applied to sex offenders disproportionate. It was a tough challenge to make.
Monday, March 07, 2011
Case Summaries and Commentary by Federal Defenders of the Ninth Circuit
Contributors
Click here for Supreme Court & Other Circuit Blogs
Click here for Steve Sady's Blog Summary
Previous Posts
- Case o' The Week: "Opened Door" Closes Door on Def...
- U.S. vs. Sepulveda-Barraza, No. 09-10362 (3-3-11) ...
- Alaimalo v. U.S., No. 08-56349 (2-28-11) (B. Fletc...
- Case o' The Week: "Original" Sin, and Lynn - Inter...
- U.S. vs. Salazar-Mojica, No. 09-50632 (2-24-11) (C...
- U.S. v. Watson, No. 09-50666 (2-23-11) (M. Smith w...
- Case o' The Week: Silence is Golden (Except at Tri...
- U.S. v. Garcia-Guerrero, No. 09-50614 (2-18-11) (H...
- Harrison v. Gillespie, No. 08-16602 (2-15-11) (en ...
- Case o' The Week: Tucson & Thomas - Flyer and Poss...
Free Publications
D-Web Law BlogsDefense Newsletter
U.S. Supreme Court Case Summaries
0 Comments:
Post a Comment
<< Home