Tampa Criminal Lawyer Blog
Under state and federal law, the courts must generally follow sentencing guidelines when issuing penalties for criminal offenses. In some instances, though, they can issue enhanced sentences that fall outside of the standard sentencing ranges, pursuant to the terms of the guidelines. For example, if a court determines that a defendant is a dangerous or repeat sex offender, it may find it necessary to impose greater penalties, as shown in a recent Florida ruling. If you are accused of committing a sex crime, it is in your best interest to speak with a Tampa sex crime defense lawyer about what defenses you may be able to assert.
Case Setting
It is reported that the defendant pled guilty to attempting to entice a minor and committing a felony crime involving a minor while being required to register as a sex offender. These charges arose from the defendant’s previous conviction in Florida for traveling to meet a minor after soliciting a guardian. The defendant had believed he was communicating with a stepparent of a minor child, discussing inappropriate matters, and sending explicit images.
Allegedly, however, the “stepparent” was an undercover law enforcement officer, and the defendant was arrested when they arranged to meet. At sentencing, the district court imposed a significant enhancement under the “repeat and dangerous sex offender against minors” provision due to the defendant’s prior Florida conviction. The court sentenced the defendant to 355 months of imprisonment, followed by a lifetime of supervised release. The defendant appealed, challenging the application of the sentencing enhancement and the overall reasonableness of the sentence.
Determining the Reasonableness of a Sentence
On appeal, the court reviewed the defendant’s claims, focusing on whether the defendant’s prior state conviction qualified as a predicate offense for the enhancement. The court applied a categorical approach, looking at the statutory elements of the prior offense rather than the specific facts of the case.
The court found that the Florida statute under which the defendant had been convicted was broader than the federal equivalent, and thus, the prior conviction did not qualify as a predicate offense for the sentencing enhancement.
As a result, the court determined that the district court had improperly applied the enhancement, which affected the defendant’s sentencing range. Additionally, the court reviewed the overall reasonableness of the defendant’s sentence under the totality of the circumstances.
Because the improper enhancement led to an inaccurate Sentencing Guidelines range, the appellate court vacated the sentence and remanded the case for resentencing without the enhancement. The court affirmed the remainder of the district court’s judgment.
Talk to a Knowledgeable Tampa Criminal Defense Lawyer
If you are accused of committing a sex crime, it is essential to understand what steps you can take to protect your rights, and you should confer with an attorney. The knowledgeable Tampa sex crime defense lawyers at Hanlon Law have ample experience helping people charged with sex offenses protect their rights, and if you hire us, we can evaluate your case and help you to seek the best outcome possible. You can contact Hanlon Law using our online form or by calling 813-228-7095 to arrange a meeting.