NACDL - United States v. Gozes-Wagner

United States v. Gozes-Wagner

Brief of National Association of Criminal Defense Lawyers, Cato Institute, American Civil Liberties Union Foundation, American Civil Liberties Union Foundation of Texas, Due Process Institute, and Texas Public Policy Foundation as Amici Curiae in Support of Defendant-Appellant and Reversal.

United States v. Gozes-Wagner

Brief Details

Case No.: 19-20157
Brief Filed: November 01, 2019
Jurisdiction: 5th Circuit Court of Appeals

Key Topics in the Brief

Sentencing | Trial Penalty | White Collar | Sixth Amendment | Plea bargaining | Right to Jury Trial | Due Process

Briefs

Gozes-Wagner-Brief.pdf

Prior Decision

No. 4:14-cr-00637 (S.D. Tex. Sept. 28, 2017)

Argument(s)

The trial penalty is forcing virtually all criminal defendants to forgo their trial rights. The trial penalty erodes key foundations of the criminal justice system. The trial penalty fundamentally undermines the Sixth Amendment right to a jury trial. The trial penalty compromises the integrity of the criminal justice system. Courts should carefully scrutinize sentencing recommendations that appear to penalize defendants for exercising their right to a jury trial.