Brief filed: 11/01/2019
United States v. Gozes-Wagner
5th Circuit Court of Appeals; Case No. 19-20157
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.