Ruling upholding nuns' conviction in missile case [10th Circuit]

US v. Platte; US v. Hudson; US v. Gilbert, United States Court of Appeals for the Tenth Circuit, March 17, 2005 [upholding convictions of three nuns for defacing a missile silo with their own blood in 2002]. Excerpt:

Of course, whenever a criminal statute has such a broad scope, some prohibited activities may be much less reprehensible than others. The maximum permissible sentence is designed for the most reprehensible offenses. The least reprehensible may be excused as a matter of prosecutorial discretion or may receive lighter sentences from the court. We would be ignoring this reality if we were to say that a statute was not intended to encompass conduct deserving significantly less than the maximum permissible sentence. Perhaps courts should recognize an exception to § 2155(a) for de minimis conduct. But Defendants' actions cannot be so characterized.
Read the full text of the opinion here. Reported in JURIST's Paper Chase here.

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