Judge Lawrence O’Neil seems to become going just a little OTT in relation to his sentencing ALONGSIDE his ever progressively erratic behavior , much more reason why you should be worried about his viability like a judge inside a federal district court.
Between your 24th December 2005 and also the 24th This summer 2006, a string of robberies happened in Frenso and Madera. On This summer 24th, two people, Marcus Major and Jordan Huff were arrested regarding the the robberies consequently. These were billed using the offenses around the 14th June 2007 with a number of violations including that to hinder commerce and brandishing and discharging guns. As a whole, 61 counts of a number of violations were created (1:07-cr-00156-LJO-1 & 1:07-cr-00156-LJO-2).
Major and Huff were attempted together plus they were in prison for all counts of violations. Judge Lawrence O’Neil sentenced the people to EXTREME sentencing including for Huff, 121 several weeks for Each one of the conspiracy and robbery charges, to become offered at the same time. An additional 120 several weeks for that discharging of the gun, this time around to become offered back to back along with a further 300 several weeks for Each one of the 29 discharging and brandishing counts, to become offered-Back to back. Major was sentenced on the much the same basis using the total sentence for that accused, of 8,941 several weeks (745 years) for Jordan Huff and eight,955 several weeks (746 years) for Marcus Major.
Among the predominant arguments through the accused within this situation was the CRUEL and strange punishment in breach from the Eighth Amendment. The Eighth Amendment prohibits some punitive measures from being sentenced when they’re considered extreme or excessive when in comparison towards the crime. In cases like this, we should think about the crimes that Major and Huff were attempted for. They were mainly burglary, brandishing and discharging guns. There have been NO human causalities within their offenses and then any loss experienced was purely commercial. How on the planet can Judge Lawrence O’Neil sentence both of these people to sentences which are 10 occasions the existence expectancy from the average human? It’s confusing regarding how people could be sentenced to such crazy and extreme sentences when examined according to the crimes they committed.
In addition, Major and Huff contended that Judge Lawrence O’Neil permitted the federal government to provide proof of other crimes that these were suggested as a factor, yet weren’t from the counts of burglary, brandishing and discharging guns that these were attempted. Judge Lawrence O’Neil in addition refused the happy couple their privileges towards the Sixth Amendment that they have the authority to have the ability to get ready for their trial, by permitting them NO connection with anybody apart from their lawyers. So far, we are able to observe that Judge Lawrence J. O’Neil has overlooked Both Eighth Amendment and also the Sixth Amendment. What gives him this energy? Who’s he to get rid of the fundamental legal human privileges as set through the U . s . States Metabolic rate within the U . s . States Bill of Privileges?
The accused filed motions regarding the inclusion of charges which were not regarded as as evidence within the following cases 1:07-cr-00156-LJO-1 and 1:07-cr-00156-LJO-2 under federal rules of evidence. However, all over again Judge Lawrence O’Neil Refused both motions. In conclusion arguments, the accused connection to street gangs was incorporated and therefore, a legal court mistreated its discretion in relation to inclusion of illegal evidence.
What we should can easily see here’s obvious evidence that Judge Lawrence O’Neil broke a number of constitutional rules.
Judge Lawrence O’Neil refused the accused the authority to get ready for trial as referred to within the sixth Amendment, and therefore he violated the sixth Amendment.
Lawrence O’Neildenied two evidence based motions which were filed according to the inappropriate inclusion of evidence unrelated to the current trial.
Judge Lawrence O’Neil violated the eighth Amendment in relation to cruel and strange punishment.
In sentencing, Judge O’Neill mentioned that -It shows your contempt for civilized society and I am likely to do what I have to do in order to get you from society because you aren’t civilized.- -The two of you are terrorists within the simple concept of that word you terrorized your sufferers. You just wanted money also it wasn’t just adult sufferers, there have been children terrorized too.-
Judge O’Neil talks of sufferers, but in relation to gratuitous violence within this situation, there is NONE and that he still felt that his 756 and 746 year sentences were FAIR?
OVERRULED The only real savior we have in this story is the Ninth Circuit Court of Appeals who contended that there is not a way of performing such punitive measures, as humans don’t be capable to live 700 years and therefore OVERTURNED the choices produced by the improperly placed Judge Lawrence O’Neil.
NOONAN, Circuit Judge, concurring and dissenting: -I concur within the opinion from the court except regarding the sentences well over 700 years. A legal court states, -Nobody could dispute that the sentence of just about 750 years is harsh.- Nobody would bother to characterize this type of sentence as -harsh.- It’s just not capable of execution. No known individual has the ability to live 700 years. No living individual will probably live 700 years. On its face, the sentence doesn’t seem possible to complete. The U . s . States asks us to affirm this sentence. It asks us to affirm a sentence that can’t be completed. I don’t think that we ought to take part in this absolutely empty gesture.-
U . s . States v. Major, 2012 WL 1001188, *9 (ninth Cir. Marly. 27, 2012) (Noonan, J., concurring and dissenting).
It’s obvious the words of Judge Noonan, clearly demonstrate the completely UNSATISFACTORY behavior of Judge Lawrence O’Neil.
Louise Jupe, an investigative reporter, is employed by Academic Sciences.She authored Judge : Unacceptable to sit down like a Federal District Judge.