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Judges to use discretion – not checklists – when imposing sentences, 7th Circuit rules

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A defendant’s contention that the District Court should have considered all the mitigating factors during his sentencing was characterized by the U.S. 7th Circuit Court of Appeals as turning sentencing discussions into “checklist exercises.”

Larry Hodge pleaded guilty and was sentenced to 115 years for multiple child pornography offenses by the United States District Court for the Southern District of Indiana, Evansville Division. During his sentencing hearing, Hodge offered testimony of a psychiatrist who asserted Hodge’s criminal actions could be linked to the sexual abuse he suffered as a child and that he was unlikely to reoffend.

One month after being sentenced, Hodge appealed. He argued the District Court committed a procedural error because it did not comment on the psychiatrist’s conclusions about Hodge’s premature sexualization and potential for rehabilitation.

However, the 7th Circuit Court of Appeals disagreed. In United States of America v. Larry F. Hodge, 12-2458, it affirmed the sentence.

The 7th Circuit held the District Court met the standard of addressing the principal, nonfrivolous arguments in mitigation. The lower court concluded the most noteworthy aspects of the psychiatrist’s testimony for mitigation purposes were his statements regarding Hodge’s pornography addiction, childhood abuse and exposure to pornography at a young age. The decision not discuss other findings of the psychiatrist did not constitute a procedural error.

“Hodge’s favored approach would turn sentencing courts’ discussions of the (U.S.C.) 3553(a) factors into checklist exercises, depriving judges of their discretion in sifting through large amounts of evidence to determine which items are most relevant,” Judge John Tinder wrote for the court.  
 

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  1. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  2. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

  3. I whole-heartedly agree with Doug Church's comment, above. Indiana lawyers were especially fortunate to benefit from Tom Pyrz' leadership and foresight at a time when there has been unprecedented change in the legal profession. Consider how dramatically computer technology and its role in the practice of law have changed over the last 25 years. The impact of the great recession of 2008 dramatically changed the composition and structure of law firms across the country. Economic pressures altered what had long been a routine, robust annual recruitment process for law students and recent law school graduates. That has, in turn, impacted law school enrollment across the country, placing upward pressure on law school tuition. The internet continues to drive significant changes in the provision of legal services in both public and private sectors. The ISBA has worked to make quality legal representation accessible and affordable for all who need it and to raise general public understanding of Indiana laws and procedures. How difficult it would have been to tackle each of these issues without Tom's leadership. Tom has set the tone for positive change at the ISBA to meet the evolving practice needs of lawyers of all backgrounds and ages. He has led the organization with vision, patience, flexibility, commitment, thoughtfulness & even humor. He will, indeed, be a tough act to follow. Thank you, Tom, for all you've done and all the energy you've invested in making the ISBA an excellent, progressive, highly responsive, all-inclusive, respectful & respected professional association during his tenure there.

  4. The is putting restrictions on vaping just because big tobacco companies are losing money. http://vapingisthefuture.com

  5. Oh, and I should add ... the stigma JLAP attaches lasts forever. As my documents show, I had good reason to reject the many conflicted diagnoses for not thinking like the state wanted me to. BUT when I resisted and raised constitutional and even ADA "regarded as" arguments I was then denied licensed in Indiana for LIFE. As in until death does us part. Evidence in comments here: http://www.theindianalawyer.com/scotus-denies-cert-to-kansas-attorney-seeking-to-practice-in-indiana/PARAMS/article/40522 Resistance is futile, comrades.

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