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 Â§ 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.