On August 28, 2008, Kent was indicted in federal court on three counts of abusive sexual contact and attempted aggravated sexual abuse, stemming from the same alleged conduct that was the basis for the 2007 misconduct complaint. He was the first federal judge to be charged with federal sex crimes. On January 6, 2009, the federal grand jury that indicted him added three additional counts, for aggravated sexual abuse, abusive sexual contact and obstruction of justice. On February 23, 2009, the day on which jury selection was to begin, Kent pleaded guilty to one count of obstruction of justice, and agreed to retire as judge, although it was unclear whether he would be permitted to retire rather than resign. Kent was sentenced on May 11, 2009.