Paraphiliac Pedophile's Acceptance of Responsibility for the Sexual Exploitation of Children Is Grounds for Sentence Reduction

United States v. Kise, 369 F.3d 766 (4th Cir. 2004 )

The future of the federal sentencing guidelines is somewhat in doubt following the U.S. Supreme Court's recent ruling in Blakely v. Washington, 124 S. Ct. 2531 (2004).  Under the guidelines as they currently exist, however, a trial judge in the federal system is to consider a number of factors in deciding whether to enhance or reduce a convicted defendant's sentence.  The Fourth Circuit Court of Appeals held that a defendant who admitted to and attempted to remedy his mental disorder should be granted a sentence reduction...

Found in DMHL Volume 24 Issue 1

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Downward Departure in Sentencing Under Federal Sentencing Guidelines for Defendant with Diminished Mental Capacity Prohibited When Possibility Exists That Defendant May Discontinue Medication

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All Defendants Sentenced to Death Entitled to Have a Jury Determine Non-Frivolous Claims That They Are Mentally Retarded