Prosecutor: The never-ending remand case (06-1103). 8th Circuit remanded again for…
The never-ending remand case (06-1103). 8th Circuit remanded again for resentencing after SC cited Gall. Ruth Kane allowed her daughter to be sexually abused over 200 times. Judge Shaw sentenced her to 120 months. The original guidleine was 210-262 with level 37 - a 90 months departure. Judge Shaw: "I’ve gone below the guidelines in your case because of your prior history of this substance abuse as well as your mental health. That made you particularly susceptible to Mr. Champion’s influence.” However, there is no evidence in the record linking Kane’s substance abuse or mental illness with the crimes Kane committed against her daughter. Jusge Shaw felt sorry for her and didn't want to impose a sentence greater than what the perp got (180 months). Totally irrelevant since he cooperated and accepted guilt - she refused to acknowledge her misdeeds. This judge is completely wrong on this one.