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WEDNESDAY, MARCH 6, 2002

A sex offender who pleaded guilty to raping a 14-year-old girl on the Spirit Lake Sioux Reservation in North Dakota could receive a modified sentence for his crime under a federal appeals court decision issued on Tuesday.

Citing the girl's unwanted pregnancy and "serious bodily injury" she suffered as a result of the rape, a federal judge applied harsher sentencing guidelines and sentenced Suna Felix Guy to 10 and one-half years in prison. He had pleaded guilty to aggravated sexual abuse.

But while Guy's attempt to have the punishment set aside has been rebuffed for now, the 8th Circuit Court of Appeals nonetheless ruled that the judge erred. Additional proof must be provided to warrant an enhanced sentence, a three-judge panel said.

"Without more specific findings by the court, however, we cannot tell what it had in mind or whether an enhancement for extreme physical pain would be appropriate," the judges wrote.

At issue is the rape which occurred in late 1999 after Guy drove the girl, who was babysitting at his residence, home. In a rural part of the reservation, he forced himself on her in his car, according to court documents.

The girl told no one about the rape but subsequently determined she was pregnant. After an August 2000 birth, she put the child, which was determined by a biological test to be Guy's offspring, up for adoption.

Should the current sentencing rules apply, Guy faces anywhere from 121 to 151 months for the crime. Depending on the next step of the case, the punishment could be reduced.

Get the Decision:
US v. GUY, No. 01-2371 (8th Cir. March 05, 2002)