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Criminal Law Keyed to Kadish
United States v. Gementera
Citation:379 F.3d 596 (9th Cir. 2004)
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*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Defendant stole mail from multiple mailboxes in San Francisco on May 21, 2001. After an indictment, Defendant pled guilty to mail theft. Due to Defendant’s prior criminal history, the trial judge sentenced him pursuant to U.S. sentencing guidelines to two months of incarceration and three years of supervised release with conditions. One condition was a 100-hour community service condition which required Defendant to stand in front of a postal facility with a signboard that read “I stole mail. This is my punishment.” The condition was modified and the district court placed a special four-part condition in its place, still requiring Defendant to stand in front of a postal facility with a signboard that read “I stole mail. This is my punishment.” for 8 hours. Defendant argues the 8-hour signboard condition requirement violates the Sentencing Reform Act.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.