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Criminal Law Keyed to Kadish
United States v. Gementera
Citation:
379 F.3d 596 (9th Cir. 2004)Facts
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.
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