United States v. Gementera

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United States v. Gementera
Seal of the United States Court of Appeals for the Ninth Circuit.svg
CourtUnited States Court of Appeals for the Ninth Circuit
Full case nameUnited States v. Gementera
ArguedMay 11, 2004
DecidedAugust 9, 2004
Citation(s)379 F.3d 596
Court membership
Judge(s) sittingDiarmuid O'Scannlain, Eugene E. Siler, Jr. (6th Cir.), Michael Daly Hawkins
Case opinions
MajorityO'Scannlain, joined by Siler
DissentHawkins
Laws applied
Sentencing Reform Act; U.S. Const. amend. VIII
The U.S. Post Office and Courthouse at the corner of 7th and Mission Street in San Francisco.

United States v. Gementera, 379 F.3d 596 (9th Cir. 2004)[1], was a case decided by the 9th Circuit that held that a judge had the statutory authority to impose a sentence for mail theft that involved public reintegrative shaming because the punishment was reasonably related to the statutory objective of rehabilitation. The punishment required that the thief wear a sandwich board sign stating, "I stole mail; this is my punishment", while standing for eight hours outside of a San Francisco postal facility.[2][3]

References[edit]

  1. ^ United States v. Gementera, 379 F.3d 596 (9th Cir. 2004).
  2. ^ Gementera, 379 F.3d at 599.
  3. ^ Dressler, J. Understanding Criminal Law, Fifth Edition. Matthew Bender & Company, Inc. Newark, NJ: 2009, p. 24

External links[edit]