Friday, January 24, 2014

United States  v. Shill, No. 13-30008 (1-24-14) (Tallman with Bea and Murphy, D.J.). 
Can a state misdemeanor get you a mandatory ten year federal sentence?  "Yes," held the 9th, in this 18 USC 2422(b) appeal.  The statute criminalizes the attempted enticement of a minor (16 years old here) to engage in "any sexual activity for which a person could be charged with a criminal offense."  The defendant's predicate state conduct was a class A misdemeanor.  The defendant argued that the federal statute was vague, ambiguous, and leads to the absurd result of a misdemeanor triggering a ten year mandatory minimum felony.  This was not congressional intent argues the defendant.  Oh yes it was, replies the 9th.  The 9th looks at the harm, the plain language, and the intent, and concluded that Congress knew what it was doing.  The 9th also rejected the cruel and unusual challenge to the sentence and the categorical challenge.

A spirited challenge by  AFPD Lisa Hay, FPD Oregon.


Post a Comment

<< Home