United States v. Gementera

From Wikipedia, the free encyclopedia
Jump to: navigation, search
United States v. Gementera
Seal of the United States Court of Appeals for the Ninth Circuit.svg
Court United States Court of Appeals for the Ninth Circuit
Full case name United States v. Gementera
Argued May 11, 2004
Decided August 9, 2004
Citation(s) 379 F.3d 596
Court membership
Judge(s) sitting Diarmuid O'Scannlain, Eugene E. Siler, Jr. (6th Cir.), Michael Daly Hawkins
Case opinions
Majority O'Scannlain, joined by Siler
Dissent Hawkins
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 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 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]