I'm not someone who's particularly sympathetic towards someone who sexually abuses children. That's doubly true when, as here, there's violence involved. It's hard to really care about the defendant -- pretty much at all -- when one's sympathy (like mine) is so strongly on the side of the victims.
That said, I had a thought today as I read these two opinions that I had never had before, notwithstanding the horrible nature of the crimes here. The thought was this:
Amongst the (many) downsides of living on an Indian reservation is the fact that any major crimes for which you're charged get prosecuted in federal court, which is substantially -- substantially -- tougher than state court. The AUSAs are so much better funded, the prosecutors are so vigorous, the sentences are so long, and (critically) in federal court you've got to actually serve at least 85% of your sentence whereas in state court you generally only serve half (with good behavior).
It almost seems like piling on; just adding to the indignities and practical harms that arise from relegating Native Americans to isolated reservations.
Now, again, in these particular cases, I get it, it's hard (even for me) to care that much, given the nature of the crimes.
But I nonetheless had the thought: "Man, I'm glad I don't live on a reservation."
(Though, of course, none of this whole sentencing stuff matters if you don't commit any crimes. That said, there's the whole "there but for the grace of God" stuff . . . .)
