288 results for 'cat:"Sentencing" AND cat:"Sex Offender"'.
J. Greer finds that defendant was properly sentenced to imprisonment for failing to register as a sex offender, second offense, following his conviction for lascivious acts with a child because he continually failed to meet registry requirements and had already agreed to his sentence upon entering a plea deal. Affirmed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: April 10, 2024, Case #: 22-0908, Categories: sentencing, sex Offender, Plea
J. Jensen finds that the circuit court properly entered conviction after defendant pleaded guilty to two counts of solicitation of a minor, one count of sexual contact with a minor under the age of sixteen and one count of rape in the fourth degree. Defendant claimed that his sentence contained an improper enhancement on his sentence after it had already commenced. Affirmed.
Court: South Dakota Supreme Court, Judge: Jensen, Filed On: April 10, 2024, Case #: 2024SD21, Categories: sentencing, sex Offender
J. Scudder finds the lower court properly convicted defendant of transporting child pornography for sending hundreds of videos depicting sexual assaults of children to an undercover FBI agent. Defendant was convicted of transporting child pornography and received an enhanced mandatory sentence of 15 years imprisonment due to a prior conviction in Wisconsin of possession of child pornography. Defendant argues that his prior conviction doesn’t qualify him to receive an enhanced sentence as a repeat sex offender, arguing there is a distinction in definition of possession between the state and federal law. The instant court finds no distinction and finds defendant’s prior conviction qualifies him for the enhanced sentence. Affirmed.
Court: 7th Circuit, Judge: Scudder, Filed On: April 8, 2024, Case #: 21-3225, Categories: sentencing, sex Offender
En banc, J. Scudder finds that the lower court properly imposed an enhanced mandatory minimum sentence of 15 years in prison for transporting child pornography. Defendant's prior conviction seven years prior for possession of child pornography in violation of Wisconsin law qualifies as a predicate conviction under federal law, which prescribes enhanced penalties for recidivist child sex offenders. Affirmed.
Court: 7th Circuit, Judge: Scudder, Filed On: April 8, 2024, Case #: 21-3225, Categories: sentencing, sex Offender
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. O'Brien finds that the lower court properly convicted defendant of Class X predatory criminal sexual assault of a child. The two charges on which he was convicted do not contain identical elements because a person can commit aggravated sexual assault of a child without also committing the offense of predatory criminal sexual assault of a child. Affirmed.
Court: Illinois Supreme Court, Judge: O'Brien, Filed On: April 4, 2024, Case #: 129425, Categories: sentencing, sex Offender, Child Victims
Per curiam, the circuit finds that defendant was properly sentenced based on his guilty plea to drugging and sexually assaulting two women as part of a two-decade pattern involving 20 women in all while working with them at the U.S. Department of State or United Nations. Defendant contends the statutory maximum 15-year term was unreasonable, but it was not "shockingly high" given the number of victims, his pattern of predation, and the severity of the admitted crimes. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: April 4, 2024, Case #: 22-2944, Categories: sentencing, sex Offender
J. Bishop finds the trial court properly convicted defendant, by no-contest plea, for sexual assault of a child. Forensic interview and testimony provided by the victims support the convictions. Though defendant says statements given by the parents of the victims were improperly allowed, the statutory definition of a victim establishes a baseline right to provide victim impact statements, and it does not limit a sentencing court’s discretion to consider relevant evidence from a variety of sources. All sentencing factors were properly considered. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: April 2, 2024, Case #: A-23-522, Categories: sentencing, sex Offender, Child Victims
J. Mortensen finds that the lower court properly convicted defendant of two counts of aggravated sexual abuse of his two minor daughters following his guilty plea. As part of the plea agreement, a sentence of two concurrent terms of six years to life was to be recommended, but at the sentencing hearing, the victims testified that they felt the sentence to be too lenient. The lower court sentenced defendant to 15 years to life for each count, to run concurrently. Defendant argues the prosecutor breached the plea agreement and the court should not have considered the victims’ view on the sentence. Defendant also asserts he received ineffective assistance by trial counsel for failing to object to the prosecutor’s statements at sentencing. However, there was no breach of the plea agreement and no deficiency in defendant’s legal representation. Affirmed.
Court: Utah Court Of Appeals, Judge: Mortensen, Filed On: March 28, 2024, Case #: 20221055-CA, Categories: Ineffective Assistance, sentencing, sex Offender
J. Ahlers finds that defendant was properly fined for third-degree sexual abuse and assault with intent to commit sexual abuse after assaulting the 14-year-old daughter of his paramour because the fine fell within statutory limits. Affirmed.
Court: Iowa Court Of Appeals, Judge: Ahlers, Filed On: March 27, 2024, Case #: 23-0563, Categories: sentencing, sex Offender
J. Montalvo finds that the district court properly denied defendant's petition for a writ of habeas corpus in a case in which the district court rejected defendants' claim that a life without parole sentence, imposed after he pleaded guilty to public indecency, was grossly disproportionate to his offense in violation of the Eighth Amendment’s prohibition against cruel and unusual punishment. The sentence under Oregon’s legislatively-mandated sex offender recidivism statute was correct when factoring in defendant's criminal history. Affirmed.
Court: 9th Circuit, Judge: Montalvo, Filed On: March 27, 2024, Case #: 22-35076, Categories: Constitution, sentencing, sex Offender
Per curiam, the appellate division finds that the trial court properly categorized defendant as a level-two sex offender based on his conviction for possessing child pornography because that defendant had strong family support and lacked a prior criminal history did not constitute proper mitigating factors, nor did his advanced college degree. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 22, 2024, Case #: KA 23-00419, Categories: sentencing, sex Offender
J. Mercier finds that the trial court improperly denied defendant's motion to vacate a void sentence following his guilty plea to two counts of child molestation. The 10-year probationary sentence imposed on one count was not split as it should have been in accordance with the statute which was in effect at the time defendant committed the crime. The trial court incorrectly dismissed defendant's motion to withdraw his guilty plea based on the void sentence. Reversed in part.
Court: Georgia Court of Appeals, Judge: Mercier, Filed On: March 19, 2024, Case #: A24A0214, Categories: sentencing, sex Offender, Plea
J. Mize denies an inmate’s petition for writ of habeas corpus in his case including sexual battery, lewd or lascivious conduct and molestation. He argues he is being illegally detained after the trial court denied modifying defendant’s bond. The trial court properly found plausible cause to revoke the bond after the man committed a new crime in violation of his pretrial release.
Court: Florida Courts Of Appeal, Judge: Mize, Filed On: March 18, 2024, Case #: 6D24-27, Categories: sentencing, sex Offender
J. White finds the trial court improperly sentenced a man to a life sentence for first-degree sexual battery, burglary with assault or battery, false imprisonment and robbery possessing a deadly weapon. He was properly classified as habitual felony offender which the maximum sentence on the sexual battery and robbery should have been a maximum of 30 years each. Therefore, the trial court shall resentence him as a habitual felony offender, change both the sexual battery and robbery to second-degree offenses and the false imprisonment to a third-degree offense. Affirmed in part. Reversed in part.
Court: Florida Courts Of Appeal, Judge: White, Filed On: March 15, 2024, Case #: 6D23-394, Categories: Robbery, sentencing, sex Offender
J. Joyce finds the trial court properly sentenced defendant for rape and sodomy convictions. “Whether defendant and the victim had a consensual relationship is immaterial, given that a jury found that defendant raped and sodomized the victim while she was incapacitated and therefore unable to consent.” Affirmed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: March 13, 2024, Case #: A178252, Categories: sentencing, sex Offender
J. Watkins finds that the trial court properly sentenced defendant following his guilty plea to obscene internet contact with a child, sexual exploitation of children and electronically furnishing obscene material to minors. The trial court did not commit any error by denying defendant the opportunity to present additional mitigation evidence at the resentencing hearing which occurred on remand after the appeals court's previous decision. Defendant had already presented mitigation evidence at his earlier sentencing hearing. Affirmed.
Court: Georgia Court of Appeals, Judge: Watkins, Filed On: March 8, 2024, Case #: A23A1484, Categories: sentencing, sex Offender, Due Process
J. Chutich affirms the defendant's upward durational sentencing departure for his conviction of third-degree criminal sexual conduct against a physically helpless person. The offense was committed in the victim's bedroom and therefore in her zone of privacy, and that aggravating factor is a proper basis for an upward durational departure. Affirmed.
Court: Minnesota Supreme Court, Judge: Chutich, Filed On: March 6, 2024, Case #: A22-0105, Categories: sentencing, sex Offender
J. McKinnon finds that defendant's unpreserved prosecutorial misconduct claims that the state improperly vouched for the victim's credibility and made inappropriate emotional appeals to the jury do not warrant plain error review. Also, probation restrictions prohibiting him from alcohol, drugs, gambling, casinos and bars were standard conditions and within the trial court's sentencing discretion. Affirmed.
Court: Montana Supreme Court, Judge: McKinnon, Filed On: March 5, 2024, Case #: DA 22-0030, Categories: Prosecutorial Misconduct, sentencing, sex Offender