The State of New Hampshire v. Kevin Lambert

Summary

The court affirmed the defendant's sentences for four counts of felonious sexual assault, holding that the sentencing judge did not improperly rely on evidence of marijuana and related items found in the defendant's apartment. Although such evidence was not included in the presentence report, the record showed that the judge gave it no weight and based the sentence on permissible materials and the circumstances of the offenses. The court also clarified that New Hampshire's abuse-of-discretion review is more precisely described as review for an unsustainable exercise of discretion.