Senate Republicans said today that they plan to support President Barack Obama's nominee for a vacancy on the U.S. Court of Appeals for the 11th Circuit, despite a controversial ruling she issued last year finding that a mandatory minimum sentence was unconstitutional.
The ruling involved Kelly Farley, who on a visit to Georgia planned to meet and have sex with a woman and her 10-year-old daughter. In fact, the woman was part of a federal sting operation, and agents arrested Farley when he arrived at the Atlanta airport. He was found guilty in a bench trial of using the Internet to entice a child to have sex and of crossing state lines with the intent to have sex with a child.
Before sentencing Farley, Judge Beverly Martin issued a 26-page ruling (pdf) declaring that the mandatory minimum sentence of 30 years would violate the Eight Amendment’s protection against “cruel and unusual punishments.” She later sentenced him to 19 years, and the Justice Department has appealed her ruling to the 11th Circuit.
http://legaltimes.typepad.com/blt/2009/07/11th-circuit-nominee-questioned-on-sentencing.html