Posted on 12/30/2004 12:27:01 PM PST by Ellesu
By a 2-1 vote, Bad Marriage won on appeal. This case involves alcohol abuse, Indian reservations, extensive prior arrests,and the U.S. Sentencing Guidelines. It's a long read, I skimmed over it, seems the 9th circuit says it's not his fault, alcohol abuse is to blame and we are at fault for not doing more on Indian reservations to help with alcohol abuse. They also stated a number of his 35 or so convictions were not for serious crimes. Some of which were assaulting a police officer, domestic violence etc.
A tiny bit more information about what this case was about might have been a nice touch.
This is the Indian's NAME ??
I'm guessing the guy hated his wife and legally changed his name.
Sorry, here's an excerpt....
This case is a powerful indictment of the criminal justice
system. Our social and penal policies are failing to alleviate
alcohol abuse on Indian reservations and the crime to which
it gives rise. These problems cry out for treatment, not simply
more prison time.
Vernon Lee Bad Marriage, Jr. (“Bad Marriage”) is a member
of the Blackfeet Indian Tribe with an extensive history of
alcohol abuse and a lengthy criminal record. He was convicted
of assault resulting in serious bodily injury, in violation
of 18 U.S.C. §§ 113(a)(6) and 1153(a), and sentenced under
the U.S. Sentencing Guidelines. The District Court departed
upward from the applicable sentencing range on the grounds
that Bad Marriage’s criminal history score did not adequately
reflect the seriousness of his past criminal history and the
likelihood that he would commit other crimes. Because we
hold that the upward departure was not justified under the
facts of this case, we reverse and remand for resentencing.
17635 UNITED STATES v. BAD MARRIAGE
FACTUAL HISTORY AND PROCEDURAL BACKGROUND
I. Facts of Current Offense
On January 30, 2003, Bad Marriage was released from
tribal jail on the Blackfeet Indian Reservation so that he could
attend an Alcoholics Anonymous meeting. Instead, he went to
the home of Leeta Old Chief, his girlfriend. After having consensual
sex, the couple drove to visit friends. At Bad Marriage’s
sister’s house, an argument ensued between Bad
Marriage and Old Chief, and he began hitting her. The two
went to the old rodeo grounds behind his sister’s home. There,
Bad Marriage kicked and beat Old Chief in the thighs and pelvis.
At the rodeo grounds, Bad Marriage and Old Chief had
anal sex. Old Chief later gave conflicting accounts of whether
the sex was consensual or forced. She initially told an FBI
agent, and Bad Marriage’s mother, that she had been raped.
Bad Marriage was indicted for aggravated sexual abuse based
on that allegation. Old Chief later retracted the claim, and said
she had falsely accused Bad Marriage because she was angry
at him for beating her and for corresponding with another
woman.
Once Old Chief told law enforcement officers that she
would no longer be willing to testify that Bad Marriage had
forced her to have sex, the government dismissed the indictment
in exchange for Bad Marriage’s agreement to plead
guilty to assault resulting in serious bodily injury, in violation
of 18 U.S.C. §§ 113(a)(6) and 1153. Bad Marriage accordingly
pled guilty.
II. Bad Marriage’s Criminal and Social History
The Presentence Report prepared following Bad Marriage’s
guilty plea documented 35 prior convictions from state courts
in Washington and Montana. In addition, the report showed
17636 UNITED STATES v. BAD MARRIAGE
approximately 60 convictions in the Blackfeet Tribal Court.
Bad Marriage’s adult state criminal record consisted of crimes
committed between 1988, when the defendant was nineteen,
and 2002. These convictions were almost entirely misdemeanors
resulting in little or no jail time.
Four of his state court convictions were for assault: (1) a
1991 fourth degree assault/domestic violence conviction
resulting in a ten day jail sentence; (2) a 1997 assault conviction
resulting in a $120 fine; (3) a 1999 assault conviction for
which he received a $270 fine; and (4) a 2002 conviction for
partner/family member assault for which he served eight days.1
The record also included a 1989 second-degree burglary
conviction for which Bad Marriage served thirty days in jail;
a 1989 conviction for unlawful use of a weapon; a 2000 conviction
for driving under the influence of alcohol (“DUI”); a
1993 conviction for violation of a contact order, resulting in
his longest sentence of thirty-seven days; ten convictions for
criminal trespass; over fifteen convictions for theft; and several
convictions for obstructing a police officer or for disorderly
conduct.
All of the theft incidents described in the Presentence
Report appear to be shoplifting offenses. In each of these
cases, Bad Marriage is described as having stolen beer, cigarettes,
or chips from a convenience store. For example, in July
1999, Bad Marriage was arrested, and later convicted, three
times for stealing a bag of chips or eating nachos at a convenience
store. The most expensive item that Bad Marriage is
described as having stolen is a few cases of beer.
Well, that is certainly enlightening. Do you know what the original sentence was?
Ok, I'm trying to reconcile what you posted in the actual post, with what you've excerpted here.
I don't see this court saying "Hey, it's our fault for not doing enough to stop alcoholism on Indian reservations" but rather I see them saying, rightly so, that Alcohol Abuse needs treatment rather than just jail time... That makes sense.
Secondly, only 4 of his convictions were for "violent crimes", the rest were misdemeanors - yet you chose in the post to only include the assaults, as if trying to make some kind of point - what that is, I do not know.
Lastly, you were correct in saying this guy "won", but all he won was that his case was remanded back to the originating court for re-sentencing. Seems the judge went a little overboard with the sentencing, based on sentencing guidelines. He didn't really win anything... He'll still be punished.
Vernon Lee Bad Marriage, Jr. (“Bad Marriage”) is a member
of the Blackfeet Indian Tribe
___________________________________________________________
It's BlackFOOT, not BlackFEET!! Geesh. :)
BTW, I know it was an excerpt...not blaming you, lol.
Actually, it's Siksika... ;0)
Of course, if this case is progressed, the Ninth will be reversed yet again!
Whipping on a what?
(They didn't approve of anything - they just sent the case back for resentencing... jeez)
Sentenced to 41 months in jail, the high end of the sentencing range, 3 years supervised probation, participate in alcohol abuse treatment, obtain mental health treatment, and abstain from the consumption of alcohol.
The court's opinion of his past offenses:
Most of Bad Marriage’s 60 convictions from Blackfeet
Tribal Court were for disorderly conduct or public intoxication.
Several convictions were for escape from tribal jail or
for assault. These convictions, in accordance with U.S.S.G.
§ 4A1.2(i), were not counted for purposes of determining the
defendant’s criminal history score.
Bad Marriage was intoxicated during numerous incidents
described in the Presentence Report. Of the 23 state criminal
convictions for which any factual detail is provided, evidence
of intoxication or alcohol use is apparent from seventeen of
these convictions: these include incidents where Bad Marriage
is described as intoxicated, where he attempted to steal
alcohol, or where he engaged in disorderly conduct in a bar.
In addition, the Presentence Report describes Bad Marriage’s
long history of alcohol and drug abuse. Bad Marriage
first tried alcohol at the age of nine, and began regularly using
it at eighteen. He last used alcohol on the night of the instant
offense. Since his thirties, Bad Marriage also regularly
smoked marijuana. Bad Marriage advised the probation officer
preparing his Presentence Report that he was in need of
treatment. The Report indicated that Bad Marriage was admitted
to a treatment center in August 1988, but did not describe
whether he completed that treatment. In 1998, Bad Marriage
was admitted to the Blackfeet Chemical Dependency Center
and dismissed one month later with a diagnosis of alcohol and
cannabis dependence. That treatment center reported that he
made satisfactory progress during treatment, and that his
prognosis was good provided that he followed his continuing
care plan. No information is provided on any treatment or
progress after that date.
The Presentence Report attributed one criminal history
point each to seven of Bad Marriage’s convictions : three
of the assault convictions;2 a 1999 criminal trespass and disor-
derly conduct offense; a 1999 conviction for theft and disorderly
conduct; a 1999 conviction for theft; and the 2000 DUI
conviction.
During the hearing, the District Court explained its decision
to depart upward as follows:
I look at this matter in its entirety. And I make the
determination that I make based upon the entire history
that is before me, taking into account all of the
components of this history, which include 35 or
more separate adult convictions, one of which was
for the unlawful use of — with a weapon, two of
which are for domestic or partner assault, a total of
three by the record before me, involved one manner
or another of assaultive behavior.
The guidelines clearly contemplate that this court
may take into account, not necessarily count in some
numerical fashion, but take into account tribal convictions,
which on the record before me are some 60
or more in number . . .
Taking all of that into account, the record, whether
it be counted for history points per se or not, is one
of almost 100 separate convictions in this man’s
adult life, substantial number of which have involved
behavior directed to other human beings.
This is an individual who on the record has essentially
an adult life devoted to criminal conduct, and
much of it of a violent nature. And I conclude on the
basis of this record that there is indeed every likelihood
that this individual would return to criminal
conduct in the future if given the opportunity.
The original judge doing the sentencing is a jackass - 4 or 5 assault convictions, out of 100 convictions (mostly misdemeanors) does not jibe with what he said: "This is an individual who on the record has essentially an adult life devoted to criminal conduct, and much of it of a violent nature."
Better yet. Thank you. I should have known that, since that's part of Mr. Ex's heritage, but I didn't. Thanks.
One of my family members on my mother's side has the same heritage... :)
One of my family members on my mother's side has the same heritage... :)
That is where it says its our fault. It is true treatment would be would be more helpful then regular jail time, but to say everything is societies fault won't help this person sober up.
But according to some Bush approves of burning crosses because he nominated a judge who resentenced a cross burner.
I dont' read that as it being "our fault". To me it reads as though some of our policies related to alcohol need to be changed, revised, or rethought. I don't see that as a bad thing... I'd like to see more mandated treatment, rather than simple jail time, for alcohol-related offenses...
That's just silly.
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