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 ...