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Mental Health – Sentencing

By: Rick Benedict//December 19, 2016//

Mental Health – Sentencing

By: Rick Benedict//December 19, 2016//

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7th Circuit Court of Appeals

Case Name: United States of America v. Alexander Kluball

Case No.: 16-2087

Officials: EASTERBROOK and WILLIAMS, Circuit Judges, and FEINERMAN, District Judge.

Focus: Mental Health – Sentencing

Alexander Kluball was sentenced to 120 months’ imprisonment for transporting a 17‐ year‐old girl across state lines with the intent that she engage in prostitution, in violation of 18 U.S.C. § 2421. The only issue on appeal is whether the district court violated Kluball’s due process right to be sentenced based on accurate information by finding that his mental health history suggested that further treatment would be unlikely to have a “lasting impact” on his ability to refrain from further criminal conduct. There was no due process violation, and so the district court’s judgment is affirmed.

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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