Wednesday, June 1, 2022 - 01:00
Add to Calendar

There is no ‘sex offense’ exception to the Fifth and Sixth Amendments: fighting recidivist sentence enhancements in child pornography cases.

Time: 1:00 - 2:30 (EDT)

Over the past 5-10 years, the categorical approach has given us some huge defense wins in the federal courts--mostly (although not entirely) with recidivist provisions referencing "crimes of violence" and "controlled substance offenses" and the like. But recidivist sentencing enhancements applicable to child pornography offenses also call for the categorical approach, which was designed in part to avoid Fifth and Sixth Amendment problems. At this webinar we'll talk about the current state of the law--and what we need to do to make it better--and how to identify and raise categorical arguments in CP cases.


Davina Chen is an attorney with the National Sentencing Resource Counsel Project of the Federal Public & Community Defenders. She graduated from U.C. Berkeley with highest honors in English and highest distinction in general scholarship. She earned her law degree, magna cum laude, from the New York University School of Law, where she was awarded the Root-Tilden Scholarship for Public Interest Law and was elected to the Order of the Coif. After law school, Ms. Chen clerked for the Honorable Harry Pregerson, Ninth Circuit Court of Appeals. She then started her practice at the Office of the Federal Public Defender, where she represented indigent individuals accused of federal crimes at every stage of criminal proceedings.


Shelly Fite is an attorney with the National Sentencing Resource Counsel Project of the Federal Public & Community Defenders. Although Shelley was born and raised in Florida, she has spent her professional career in Wisconsin as a public defender of one kind or the other and is based in Madison, Wisconsin. After graduating magna cum laude from the University of Wisconsin Law School in 2006 and clerking with U.S. District Judge Lynn Adelman, Shelley worked first an appellate attorney with Wisconsin's State Public Defender and then an associate federal defender with Federal Defender Services of Wisconsin. She joined the Sentencing Resource Counsel Project in March of 2021.


Continuing Legal Education (CLE) accreditation for this program will be sought in all applicable jurisdictions. Additional CLE information will be available after the conclusion of this program.