Sex Offender’s Sentence Doesn’t Violate Constitution, Court Says

A split federal appeals panel ruled Wednesday that a convicted child sex offender’s 30-year prison sentence doesn’t violate his right to due process because it was based upon reliable information.

Keith Atherton’s statutory maximum sentence for using a minor to produce a visual depiction of sexually explicit conduct doesn’t violate the US Constitution and should be affirmed, the US Court of Appeals for the Ninth Circuit wrote in its majority opinion. His sentencing was based on statutory guidelines, was consistent with expert testimony, and wasn’t predicated on speculation of other sex crimes Atherton may have committed.

Atherton was charged ...