United States v. William Hayes, Docket No. 05-2321-cr (2d Cir. April 18, 2006) (Winter, Calabresi, Pooler): The Circuit upholds a lifetime supervised release term imposed upon Mr. Hayes, who pled guilty to transporting child porn in interstate commerce in violation of 18 U.S.C. § 2252A. That Hayes must first serve 151 months in prison and will be 68 years old by the time of his release did not require a different result. In upholding the sentence, the Circuit relied inter alia on (1) the policy statement in Section 5D1.2(b)(2) (recommending the statutory maximum term of supervised release where the defendant is convicted of a sex offense); (2) the fact that Hayes was convicted in state court of molesting a 12-year-old girl more than a year after the events underlying the federal case; and (3) a Congressional finding that sex offenders are far more likely to recidivate than other offenders, and that “recidivism rates do not appreciably decline as [sex] offenders age.” Op. 4. Your tax dollars at work, ladies and gentlemen.
Wednesday, April 19th, 2006