United States v. Alsante

Alsante pleaded guilty to failing to register as a sex offender under 42 U.S.C. 16913. At his sentencing hearing, the district court permitted the government to introduce evidence that Alsante had committed other sexual-misconduct crimes with a minor, all of which were the subject of pending Tennessee state court charges. The district court relied on that conduct in imposing a 54-month sentence, an upward variance from his advisory guidelines range of 15-21 months. The Sixth Circuit affirmed, rejecting Alsante’s argument that his due process rights or his rights against self-incrimination were violated by permitting the government to introduce evidence related to pending state court charges at his federal sentencing hearing because any attempt to rebut the government’s evidence at the federal sentencing hearing hampered his ability to defend himself in state court. The court noted that Alsante did not seek a continuance and did not suffer “actual or threatened physical harm” for remaining silent, not face “mental coercion overbearing the will.” View "United States v. Alsante" on Justia Law