United States v. Earl, No. 11-3347 (7th Cir. 2012)
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In 1999, Earls was convicted in Wisconsin of three felony counts of sexual assault of a six-year-old and sentenced to 45 years’ imprisonment. After exhausting state remedies, Earls sought federal habeas corpus, alleging ineffective assistance of counsel. In 2004, the Seventh Circuit ruled in his favor. The state opted for retrial. Earls posted a $25,000 bond and, as conditions of release, agreed to appear at court dates, have no contact with minors, and notify the court of address changes. Earls was listed as living with his sister. In 2005, Wisconsin charged Earls with 12 counts of bail jumping and having contact with a minor. A passport issued to Earl’s former brother-in-law was used to enter Panama, Nicaragua and Costa Rica and, in 2010, the U.S. Marshal Service arrested Earls in Panama. Earls was convicted of making a false statement on a passport application, aggravated identity theft, and knowingly transferring a stolen identification document and sentenced to consecutive term of 36 and 24 months’ imprisonment. The district court noted that this above-range sentence was not greater than necessary, in light of Earls’ prior convictions for sexually abusing his daughter and another 13-year-old, and general lack of respect for the law. The Seventh Circuit affirmed.
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