8th Cir. Rejects Sentence for Mom Who Aided Pedophile

The 8th Circuit rejects of district court's downward variance from the sentencing guidelines in a case with disturbing facts. Court Throws Out Light Sentence for Mom, Washington Post, Dec. 19, 2006.

A woman pleaded guilty to aggravated sexual abuse and conspiracy to commit sexual abuse: she had "rented" her 9-year-old daughter to a pedophile, for $20 a session, often holding the girl down while the man molested her. The district court sentenced her to 17 1/2 years in prison, the minimum under the federal sentencing guidelines. The 8th Circuit remanded for reconsideration in light of United States v. Booker, 543 U.S. 220 (2005). The district judge then sentenced her to 10 years, giving her leniency because of her history of mental health problems and substance abuse. The 8th Circuit found that the sentence was unreasonable because it did not properly take into account the seriousness of the offense. the "sentence quite simply is not proportional to the circumstances of the crimes and the persons involved." United States v. Kane, 06-1103 (8th Cir. Dec. 18, 2006).

See comments at Sentencing Law and Policy.