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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. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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