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. 

Brief filed: 11/01/2019


United States v. Gozes-Wagner

5th Circuit Court of Appeals; Case No. 19-20157

Prior Decision

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


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. 


Jonathan L. Marcus, Michael A. McIntosh, and Jeongu Gim, Washington, DC; Cynthia H. Orr, Goldstein & Orr, San Antonio, TX.

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