District court erred by not considering minimal amount of force used by defendant in committing sex abuse offenses

SENTENCING United States v. Cerno, No. 07-2136, 529 F.3d 926 (10th Cir. Jun 24, 2008)(New Mexico). Appeal of convictions and sentence for five counts of aggravated sexual abuse in violation of 18 U.S.C. § 2241(a). HELD: District court committed procedural error by imposing life sentence while refusing to consider as mitigating factor minimal amount of force used by defendant in committing sex abuse crimes. Sentencing law simply does not foreclose a court's individual consideration of the specific nature and circumstances of the offense conduct at issue, including whether the offense committed was more or less heinous than offenses committed by other defendants convicted under the same statute. Indeed, the sentencing statute mandates that a court consider the "nature and circumstances of the offense" in fashioning a sentence "sufficient, but not greater than necessary" to accomplish the sentencing goals outlined in the sentencing statute. Read the opinion here.