Sentence of man who solicited teen upheld in appeals court
1:32 PM
Posted: Tuesday, April 01, 2008
DES MOINES, Iowa (AP) -- A federal appeals court on Tuesday upheld the 17 1/2 year prison sentence of a man accused of arranging sex for money with a minor.
The 8th U.S. Circuit Court of Appeals said the U.S. District Court for the Northern District of Iowa did not err when it enhanced the sentence of Richard Fleming of Tipton.
He was charged with enticing a minor to engage in prostitution. Court records said Fleming arranged sex for money at least three times in 2006 with a 17-year-old girl he met online. He was arrested after he offered money over the Internet to an undercover police officer.
The district court enhanced the sentence after finding that Fleming obstructed justice. The court said Fleming delivered false testimony at his sentencing hearing when he denied attempting to recruit a fellow inmate to kill the victim.
Fleming said the district court also should have lessened the sentence when he accepted responsibility for his acts. However, the 8th Circuit Court said that acceptance of responsibility was inconsistent with Fleming's attempt to have the victim killed.
The appeals court said the issue of the district court's credibility to determine sentences is "virtually unreviewable" on appeal.
In a separate brief, Fleming argued that the government breached his plea agreement.
The 8th U.S. Circuit Court of Appeals, based in St. Louis, rejected that argument. It said the plea agreement allowed the government to refrain from asking for a lesser sentence after Fleming provided false information to the court.
The 8th U.S. Circuit Court of Appeals said the U.S. District Court for the Northern District of Iowa did not err when it enhanced the sentence of Richard Fleming of Tipton.
He was charged with enticing a minor to engage in prostitution. Court records said Fleming arranged sex for money at least three times in 2006 with a 17-year-old girl he met online. He was arrested after he offered money over the Internet to an undercover police officer.
The district court enhanced the sentence after finding that Fleming obstructed justice. The court said Fleming delivered false testimony at his sentencing hearing when he denied attempting to recruit a fellow inmate to kill the victim.
Fleming said the district court also should have lessened the sentence when he accepted responsibility for his acts. However, the 8th Circuit Court said that acceptance of responsibility was inconsistent with Fleming's attempt to have the victim killed.
The appeals court said the issue of the district court's credibility to determine sentences is "virtually unreviewable" on appeal.
In a separate brief, Fleming argued that the government breached his plea agreement.
The 8th U.S. Circuit Court of Appeals, based in St. Louis, rejected that argument. It said the plea agreement allowed the government to refrain from asking for a lesser sentence after Fleming provided false information to the court.
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