Judge Panner sentences in Detwiler

As readers may recall, early last month Senior US District Judge Owen M. Panner declared the federal sentencing guidelines unconstitutional in US v. Detwiler, 2004 WL 2244532 (D. Or. Oct. 5, 2004). Judge Panner’s holding was especially noteworthy because it was not based on Blakely, but rather on the conclusion that the “practical consequences of the Feeney Amendment is that, regardless of what it may say on the office door, the Sentencing Commission is now a captive of the Executive Branch.” According to Judge Panner, this fact made the federal sentencing system unconstitutional on separation of powers grounds. (More background on the case can be found here, with commentary here and here, and a subsequent development here.)

With thanks to a wonderful reader for the tip, I now see from this article in The Oregonian that Judge Panner has imposed a sentence on defendant Detwiler. Here are interesting excerpts from the newspaper’s report on the sentencing:

In his [prior] decision, Panner said he would consider the sentencing guidelines advisory, “not binding mandates.” On Monday, Panner used a federal sentencing statute, first enacted in 1984, as the basis for his sentence. That statute allows federal judges to use discretion in handing down sentences, and permits them to consider a range of factors such as the history and character of the defendant and the nature of the offense.

Panner said he believed Detwiler, who has no criminal record, would not commit a similar crime again, and he said he felt the punishment the man has experienced in the form of public humiliation has been severe. Panner said Detwiler’s case is unique and is an example of why federal judges don’t like federal sentencing rules.

“I do not believe it is appropriate to sentence him to a range of 33 to 41 months,” Panner said, disregarding the existing sentencing rules. But, in handing down the 18-month sentence, the judge said the offense deserves punishment.

Detwiler engaged in sexually explicit online chats with someone he thought was a 14-year-old girl before arranging to meet her for sex. The girl turned out to be a federal agent, and Detwiler was arrested after arriving at a downtown MAX station to meet the girl. Authorities say the two chatted online for more than six months.

Detwiler on Monday called his conduct wrong and inappropriate. He said he’s been in counseling, which has helped him understand the implication of his actions. “I stand before you now sickened that I said what I did and did what I did,” he said, as his family sat behind him in the courtroom.