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7th Circuit affirms sentence for sexual involvement with 12-year-old girl

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The 7th Circuit Court of Appeals upheld the 135-month sentence given to a man who drove from Illinois to have sex with a 12-year-old Westfield girl, finding that although the District Court miscalculated the imprisonment range, the defendant was sentenced within the correct guidelines range.

Samuel Henzel met the girl online through a chat room about online video games. The two began texting and talking and made plans to meet. The girl did not know Henzel was really 29, although he knew she was 12. When she met him she was surprised by his age, but she agreed to go to a hotel with him. She became uncomfortable and told him she didn’t want to do anything, but he gave her alcohol and drugs and tried to have sex with her.

Henzel pleaded guilty to traveling across state lines with the intent to engage in illicit sexual conduct. There was confusion by the government and the courts as to whether the base level under the sentencing guidelines included a cross-reference to another section of the law, which would require a higher sentencing range. The District Court determined that the government didn’t meet the burden to allow the cross-reference, applied a base level offense of 24, added levels due to circumstances of the crime, and then subtracted three levels because Henzel accepted responsibility.

The judge came up with an offense level of 27, which would have a guideline imprisonment range of 70 to 87 months. She sentenced him above the range to 135 months due to the victim’s age, because Henzel gave her drugs and alcohol, and because she told him she did not want to have sex with him.  

Henzel appealed the sentence in United States of America v. Samuel T. Henzel, No. 11-2293, claiming the District Court sentenced him four years above the guidelines. The 7th Circuit found the District Court actually miscalculated the applicable guidelines range because the cross-reference applied in Henzel’s case. Had the District judge applied the cross-reference, the total offense level would have ended up at 31, to which the applicable imprisonment range would be 108 to 135 months.

 

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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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