In light of its recent decision that altered the federal sentencing guidelines, the U.S. Supreme Court on Monday ordered a review of an Indian man's sentence for sexual abuse.

After a jury trial, Timothy Red Elk was found guilty of abusing two girls under the age of 16. He was sentenced to 14 years in prison, a punishment on the high end of the federal guidelines for the crime at issue.

But since the judge based the sentence on facts not found by a jury, including the finding that Red Elk committed perjury on the stand, the punishment may or may not be acceptable under the Supreme Court's decision of January 12. In the Booker-Fanfan case, a majority of the justices said such a practice violates the constitution.

At the same time, another majority said federal judges have the discretion to depart from the guidelines, subject to a "reasonable" standard that can be reviewed on appeal.

Red Elk's case was sent back to the 8th Circuit, which covers tribes in North Dakota, South Dakota, Minnesota, Nebraska and Iowa. It was one of more than 400 criminal cases handled by the Supreme Court yesterday.

Get the Story:
Justices Order Review Of 400-Plus Sentences (The Washington Post 1/25)
pwpwd

Timothy Red Elk Decision:
US v. Red Elk (May 28, 2004)

Supreme Court Sentencing Opinion:
Syllabus | Opinion I [Stevens] | Opinion II [Breyer] | Dissent [Stevens] | Dissent [Scalia] | Dissent [Thomas] | Dissent [Breyer]

Related Stories:
Supreme Court alters federal criminal sentencing (01/13)
Congress puts focus on Indian Country crime (11/22)
Violent crime on the rise on Navajo Nation (11/02)
Tribal rights recognized in domestic violence bill (10/26)
Alaska wants to reduce tribal powers in child welfare (09/09)
Two grants to combat domestic violence on reservation (09/01)
Justice bill shifts priorities in Indian Country (8/4)
Criminals on Navajo Nation sometimes set free (07/30)
Tribal authority over all Indians still unsettled question (06/23)
Native women in Oklahoma at high risk for violence (05/26)
Federal prosecutor seeks to change 'national shame' (04/19)
IHS compiles domestic violence research (10/29)
Native youth victimization outpaces nation (07/17)
Natives top violent crime list again (4/8)
One in 10 hate crimes target American Indians (10/1)
DOJ: American Indians highest injured (6/25)
DOJ: Violent crime plagues Indian Country (3/19)
Violence in Indian Country (6/15)