U.S. Supreme Court Curbs Overbroad Use of Identity Theft Law

Congress established a sentence enhancement for “aggravated identity theft,” 18 U. S. C. §1028A(a)(1), when one “knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person” in the course of committing certain other crimes. This broad language can include a wide variety of misuses that would not even remotely come within what most people would regard as identity theft.

Today, the Supreme Court decided the case of Dubin v. United States, No. 22-10. Dubin’s actual crime was a rather mundane case of Medicaid fraud, disturbingly common but not unusual. He charged the government for testing by a licensed psychologist when the test was actually done by an associate and should have been paid at a lower rate. In the process of bilking this important government program, he necessarily used the patient’s Medicaid reimbursement number. He was not claiming to be someone he wasn’t. Is this “aggravated identity theft”? Continue reading . . .

Missouri Executes Double Murderer

The state of Missouri executed double-murderer Michael Tisius by lethal injection Tuesday evening.  He died ten minutes after receiving a fatal dose of the anesthesia pentobarbital.  Jim Salter of the Associated Press reports that Tisius was 19-years-old in 2000 when he murdered two guards at the Huntsville County Jail while helping a friend escape.  In the years since his conviction, his attorneys claimed that Tisius’ sentence should be reduced to life-without-parole because of his neglected childhood, and because one of the sentencing jurors was illiterate.  His attorneys also claimed that the murders were unintentional, although Tisius came to the jail armed with a gun and shot one of the guards multiple times.  It was the twelfth U.S. execution this year.  Last year seven murderers had been executed by June 8th.

Gov. Newsom’s San Quentin Reforms Not Progressive Enough

California Governor Gavin Newsom’s vision of transforming 171 year-old San Quentin prison into a Norwegian rehabilitation campus, where inmates can wear their own clothes and cook their own food while attending classes to get college degrees and licenses in trades like plumbing and truck driving, is apparently dead.  A story in the Davis Vanguard reports that neither the Senate or the Assembly was willing to vote in support of a $360 million down payment to create a friendlier and happier place for the state’s worst criminals.  The amazing aspect of this news is that perhaps the most progressive group in the state,  Californians United for a Responsible Budget (CURB), which advocates for closing prisons, was strongly opposed, because Newsom’s proposal “does nothing to address the systemic racism and violence that prisons perpetuate.”  Law enforcement and victims groups have been opposed to this plan since it was announced earlier this year as a criminal-coddling pipe dream.  CURB opposes it because it does not coddle criminals enough.   Go figure.

Taking a Bite Out of Homelessness

An article in today’s Wall Street Journal notes that California has spent $17 billion on programs to end homelessness and the problem has only gotten worse.  California is home to more than 171,000 homeless individuals, according to the U.S. Department of Housing and Urban Development, a 6.2% increase since 2020.  Roughly 67%, or more than 115,000 are unsheltered, meaning that they’re living outside.  While liberal politicians often characterize homelessness as a housing problem, with some even calling the homeless “guests,”  in reality the homeless population is primarily made up of drug addicts and the mentally ill, along with some vagrants who actually prefer living on the streets.  An OpEd in the California Globe by four law enforcement professionals suggest that there is a proven way for the state to eliminate homelessness in one year.

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Homelessness and Crime in California

The City Journal has a special issue titled Can California Be Golden Again? The issue describes, as Michael Shellenberger puts it, how “ruinous policies have transformed California from a symbol of progress to a cautionary tale for the nation.”  Stephen Eide has an article titled The Encampment State on homelessness, a problem that is now far worse in California than in earlier times, bad as those were, and far worse than it is at present in other regions of the country with better functioning governments. Continue reading . . .

The Last Full Measure of Devotion

“We have come to dedicate a portion of that field as a final resting place for those who here gave their lives that that nation might live. It is altogether fitting and proper that we should do this.

But, in a larger sense, we cannot dedicate. . .we cannot consecrate. . . we cannot hallow this ground. The brave men, living and dead, who struggled here have consecrated it, far above our poor power to add or detract. The world will little note, nor long remember, what we say here, but it can never forget what they did here.

It is for us the living, rather, to be dedicated here to the unfinished work which they who fought here have thus far so nobly advanced. It is rather for us to be here dedicated to the great task remaining before us. . .that from these honored dead we take increased devotion to that cause for which they gave the last full measure of devotion. . . that we here highly resolve that these dead shall not have died in vain. . . that this nation, under God, shall have a new birth of freedom. . . and that government of the people. . .by the people. . .for the people. . . shall not perish from the earth. ”

— Abraham Lincoln, 1863

Judicial Factfinding, Multiple Sex Offense Convictions and Consecutive Sentences

Over a period of 10 months, Edgar Sandoval Catarino sexually abused his 9-year old cousin on multiple occasions.  He was charged with 8 counts of forcible lewd acts on a child under the age of 14 (Penal Code §288(a)) .  Each charge alleged an identical range of dates during which these offenses may have occurred.  A jury subsequently convicted him on 6 of the counts and the verdict also included the same range of dates alleged on each count, but did not further specify on what dates each of the crimes took place.  At sentencing, the court found that each conviction occurred on separate occasions and sentenced him to full, consecutive terms for each pursuant to Penal Code section 667.6(d).  Catarino argued that because the jury did not make specific findings that each of his convictions constituted separate incidents occurring on separate occasions, it violated his Sixth Amendment right to a jury trial.  The California Supreme Court rejected this argument and upheld his full, consecutive sentences this morning in People v. Catarino (S271828) Continue reading . . .

Judge Cancels Bail in Los Angeles

A Los Angeles County Superior Court Judge ruled last week that arrestees for non-violent felonies and misdemeanors must be released without bail.  CBS affiliate KCAL reports that Judge Lawrence Riff issued a preliminary injunction blocking judges from requiring bail for all but the most violent offenses.  The Jerry Brown appointee held that requiring bail for arrestees who cannot pay is a “serious constitutional violation.”  Among those who will be released without bail under this ruling are virtually all thieves, including car thieves, drug dealers, and most people who commit assaults, including domestic violence.  The Editorial Board of the Los Angeles Times praised the judge for bringing “back sanity in L.A.”  Did the Times miss the historic spike in crime that hit Los Angeles when bail was suspended in 2020?  That’s the same year that 56.4% of voters rejected zero bail (Proposition 25) at the November general election.

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