Bloomberg Law
Sept. 29, 2021, 6:36 PM

Sex Offender’s Indeterminate Sentence Upheld as Constitutional

Bernie Pazanowski
Bernie Pazanowski

The indeterminate sentence a Colorado sex offender received didn’t violate his equal protection or due process rights even though he has served 37 years for a crime that carries a maximum sentence of 24 years, the Tenth Circuit said Wednesday.

Bruce Wimberly pleaded guilty to first-degree sexual assault in 1984. The maximum determinate sentence for the crime was 24 years, but the judge sentenced him under the Colorado Sex Offenders Act to a term of confinement lasting from one day to life imprisonment.

Wimberly argued that the U.S. Constitution now requires his release because he’s served more than the 24 ...

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