assured that Berger would die in prison. The appeals Berger's lawyers appealed the sentence, citing the Eighth Amendment to the United States Constitution, which prohibits "cruel and unusual punishment". They argued that although each 10-year sentence was not too long in itself, the cumulative total of 200 years was grossly disproportionate to Berger's conduct overall, given that it was a longer sentence than those imposed for murder or rape of a child in Arizona. They also cited Berger's lack of a prior criminal record. The Arizona Court of Appeals upheld the sentence, feeling bound by precedent to do so. Judge Donn Kessler concurred in part and dissented in part, believing that Berger should have gotten a new sentencing hearing. Berger then appealed to the Arizona Supreme Court, which ruled on May 10, 2006. Some of the justices were sympathetic to Berger's arguments. Vice Chief Justice Rebecca Berch described the mandatory minimum and consecutive sentencing rules, as well as the exclusion of probation, parole or pardon as a "triple whammy," observing that "it far exceeds the sentence imposed for similar crimes in any jurisdiction and exceeds the penalties regularly imposed in Arizona for crimes that result in serious bodily injury or even death to victims." Despite its reservations, however, the court considered itself bound by precedent to uphold the sentence, saying that consecutive sentences which add up to very long sentences are not unconstitutional, provided that each of the individual sentences which comprise it are not themselves unconstitutional. The decision was virtually unanimous, with Berch concurring in part and dissenting in part. On February 26, 2007, the Supreme Court of the United States declined to hear a further appeal. In 2011, Berger petitioned the United States District Court for the District of Arizona for a writ of habeas corpus as a last-ditch effort to have his sentence overturned. The petition was denied. Berger, Arizona Department of Corrections inmate number 174827, is serving his sentence at Arizona State Prison Complex – Florence, South Unit. His earliest possible release date is January 17, 2174. References External links Text of the Arizona Supreme Court decision Defence petition to the US Supreme Court Habeas corpus motion Living people Criminals from Phoenix, Arizona American prisoners and detainees American people convicted of child pornography offenses Prisoners and detainees of Arizona 1951 births