Unregistered sex offender’s honesty about sexual urges lands him harsher sentence

A problem with the sentence given by the judge, which DOES NOT protect children long term, as claimed by the judge. The man, like John Couey (see highlights), is telling the judge "he has feelings he cannot control," such is not rectified by additional punishment but by therapy BEFORE he is released. The sentence handed out has a release date, given his honesty about his feelings, how are they handled when he is released? To this end the sentence is incorrect.

3-14-2011 Alabama:

MOBILE, Ala. — Had it not been for Michael Wayne Powell’s honesty with probation officers, a federal judge here acknowledged, the Chunchula man likely would have gotten a routine prison sentence for having child pornography.

But Powell, 54, told a probation officer working on his presentence report that he had sexual urges that he could not control.

U.S. District Judge Ginny Granade last week sentenced Powell to 20 years in prison, a rare instance of a federal judge imposing punishment greater than the range set forth under advisory sentencing guidelines.

“Because of his admission that he cannot control himself. ... I find in this particular case, a guideline sentence is not appropriate,” the judge said.

Assistant U.S. Attorney Adam Overstreet noted that the defendant has a prior conviction for trying to lure an 11-year-old girl for sex. Powell then failed to register as a sex offender as required by law, said Overstreet, who sought the maximum 40-year sentence.

Overstreet also pointed out that Powell underwent 840 days of sex offender counseling while incarcerated in Oklahoma — apparently to no avail. Law enforcement authorities found 788 pictures of child pornography on Powell’s computer when they searched the Wilmer home where he was living at the time.

“These are horrific, heartbreaking images,” Overstreet told the judge. “As long as this man is in prison, our children are safe.”

Federal investigators arrested Powell last year as part of Operation Guardian, a nationwide effort targeting unregistered sex offenders. Overstreet said the offense Powell was convicted of in 2000 involved stalking the 11-year-old, following her to her middle school and driving past her house.

Powell tried to lure her into a vacant house, the prosecutor said.

Assistant Federal Defender Chris Knight said a 40-year prison term would be “absolutely, substantively unreasonable” for an offense that did not involve contact with a minor.

“It’s a run-of-the-mill child pornography case, and I think it calls for a sentence within the guidelines,” he said.

According to court records, Powell told a probation officer that he had never touched a child but would if he had the chance. He called himself a danger to the community, according to the presentence report.

“All I can do is ask for mercy,” he said last week. “I know I committed this crime. And I know how bad it is. But I had no victim. The victim is myself. It’s a disease.” ..Source.. by Brendan Kirby, Press-Register