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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. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  2. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  3. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  4. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  5. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

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