Adam Walsh Act Sentences: Are they too long?
House Reps: Lamar Smith, Eric Cantor, Mike Pence, F. James Sensenbrenner Jr, Elton Gallegly, Daniel E. Lungren, Ted Poe, Thomase J. Rooney, Gregg Harper
Note: I cannot believe these Congressmen (one of which orchestrated the writing of the Adam Walsh Act behind closed doors denying other Congressmen input) are trying to get the court to agree that, the same sentence for a "completed act" should be given to someone who "attempts, but does not complete the act." That is nothing more than vindictiveness, but isn't that what AWA is all about.
2-18-2009 National:
A group of House Republicans filed a brief Wednesday challenging a federal District Court's ruling that a 30-year mandatory minimum prison sentence was a cruel and unusual punishment for a man convicted of crossing state lines to have sex with a minor.
That automatic mandatory minimum prison sentence was included in the Adam Walsh Act passed by Congress to combat child sex abuse. But in September 2008, Judge Beverly B. Martin of the Northern District of Georgia ruled that penalty was unconstitutional as applied to Kelly Farley, a 39-year-old Texas man convicted of making plans to molest a 10-year-old girl.
In the brief filed with the U.S. Court of Appeals for the 11th Circuit, the GOP lawmakers say they "are particularly concerned with the lack of respect and improper deference afforded to Congress by the district court in the case" and suggest the lower court's ruling "threatens to abridge Congress' authority to impose punishment that it deems appropriate to the corresponding offense."
The brief was signed by seven Republicans on the House Judiciary Committee as well as Mike Pence, a former committee member who is now the chairman of the Republican Conference, and Eric Cantor, the Minority Whip.
This was not the first provision of the Adam Walsh Act that's been knocked down by a federal judge. Last year, a District Court judge in Florida ruled the federally-mandated sex offender registry database was an unconstitutional violation of the Commerce Clause.
Read the Republican lawmakers' brief here: U S v Farley Amicus Brief.pdf
..News Source.. by Legal Beat
February 18, 2009
House Republicans File Brief for Mandatory Minimum Sentence
February 12, 2009
ND- Appeals Court Upholds Child Sex Abuse Conviction
Recognizing that a strong sentence is warranted here, but in essence, a life without parole sentence? Cases far worse than this have received less sentences. This appears excessive, but thats what the Adam Walsh Act is all about, excessivenesses, someday it will be overturned. Lack of evidence should not have been the issue on appeal.
2-12-2009 North Dakota:
A federal appeals court has upheld the conviction of a man who prosecutors said was the first to be sentenced in North Dakota under a 2006 federal sex offender law.
Norris Lohnes of Fort Totten was sentenced 30 years in prison last year for sexually abusing a 7-year-old girl. It was the minimum sentence required under the federal Adam Walsh Act.
The law was named for 6-year-old Adam Walsh, who was abducted from a Florida shopping mall in 1981 and later found slain.
Lohnes` appeal challenged evidence in his case, saying the child was reluctant to talk about what happened to her and that prosecutors used leading questions.
The 8th U.S. Circuit Court of Appeals rejected those arguments, saying the evidence supported Lohnes` conviction. ..News Source.. by KFYR TV
June 27, 2008
Man sentenced to life in prison for child pornography
Sentenced will be appealed and very likely declared excessive and set aside, so why go nuts with such a sentence in the first place?
6-27-2008 Illinois:
Man is first central Illinois person to receive life in prison under act
PEORIA -- A Peoria man is the first person in central Illinois to be sentenced to life in prison under a federal child sexual exploitation act.
A judge sentenced 30-year-old Justin Rosenbohm to life in prison without parole plus ten years Friday morning.
Police arrested Rosenbohm in 2007 after discovering pornograhic images of an 11-year-old and an 18-month-old on his computer.
Rosenbohm lived with the victim’s family.
Under the 2006 Adam Walsh Act, if a defendant is convicted of a federal sex offense with a minor and has a prior conviction on the same charges, a life sentence is mandatory.
Rosenbohm was previously convicted in 2001 for possession of child porn and for having sexual contact with a seven-year-old.
Members of the Peoria Police Department, FBI and Central Illinois Cybercrime Unit say this sentence should send a strong message to pedophiles and one less predator is off the streets.
“The victims are real Peoria children and the fact that this gentleman will not be getting out of prison for probably the rest of his life means there are many potential Peoria kids who won't be victims now. I think it's a real success for us in the criminal enforcement field,” said Peoria Police Chief Steve Settingsgaard.
Rosenbohm received an additional ten years in prison because he was a registered sex offender when he was convicted on the most recent charges. ..News Source.. by Blake Long
