Court upholds sentence in Menominee beating

Friday, August 31, 2007  

The 7th Circuit Court of Appeals on Thursday upheld the sentence of a man who was convicted of severely beating a woman on the Menominee Reservation in Wisconsin.

Bronson Webster pleaded guilty to an assault that caused serious bodily injury. He admitted that he punched Leah Tourtillott in the face five times and, after she collapsed, kicked her in the face five times. She was left with broken bones and facial scars.

Webster was sentenced to 68 months for the June 27, 2006, attack. But he sought a lower sentence, arguing that Tourtillott's injuries were not "permanent or life-threatening" under federal guidelines.

At issue was whether Tourtillott's facial scars could be removed by surgery. The 7th Circuit said Webster's sentence cannot be reduced on the basis of what might happen to his victim in the future.

"Instead of asking whether a victim's future might be brighter, a district court should act on the basis of the victim’s current condition and current medical information," the court wrote.

Get the Decision:
US v. Webster (August 30, 2007)