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Man Facing 26 Years for Lying Wins Hearing
Reuters ^ | 3-7-2005

Posted on 03/07/2005 8:12:52 AM PST by Cagey

SAN FRANCISCO (Reuters) - A California man sent to prison for 26 years for lying on a driver's license application won a new hearing on Friday in a case that revived debate over the state's "three strikes" law, which imposes lengthy terms on repeat offenders.

Santos Reyes was convicted of perjury for filling out a driver's license under a cousin's name in 1997. Convicted of burglary in 1981 and armed robbery in 1987, he was sentenced to 26-years-to-life. Reyes appealed, arguing such a sentence constituted cruel and unusual punishment.

The U.S. 9th Circuit Court of Appeals based in San Francisco ordered the case returned to a lower court to review Reyes's previous crimes.

"But for Reyes' armed robbery conviction, Reyes would appear to have a plausible case for relief," Judge Harry Pregerson wrote. "Unfortunately, the circumstances under which Reyes committed the robbery are not sufficiently developed in the record for us to determine whether the offense was a 'crime against a person' or involved violence."

The case is the latest in a heated debate over California's "three strikes" law, which imposes prison terms of 25 years to life on those convicted of a third felony. Opponents of the law say large sentences for minor crimes unfairly target small-time criminals and overburden the prison system.

California's prison population has grown fourfold over the past 25 years amid stiffer sentencing. Yet voters in November rejected a proposal to soften the three-strikes law.

In its decision, the court cited a 2004 ruling that found a Californian sentenced to at least 25 years in prison after stealing a $199 video recorder was unfairly punished.

One of the three judges hearing the Reyes case dissented, saying the sentence was justified and further consideration of the case was not necessary.

"Reyes does not present an 'extraordinary' rare case; he is a career criminal," Richard Tallman wrote. "Between 1981 and 1997, he committed six crimes and spent almost seven years behind bars, five of which were passed in state prison."

"His criminal history reflects the very type and degree of recidivism the Supreme Court recognizes Three Strikes laws were properly intended to address."


TOPICS: Crime/Corruption; US: California
KEYWORDS: clinton; sentencing; threestrikes
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1 posted on 03/07/2005 8:12:52 AM PST by Cagey
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To: Cagey

Rules are rules, and in America - That doesn't mean squat anymore! Why have them at all? >Sarcasm<


2 posted on 03/07/2005 8:16:45 AM PST by odoso (Millions for charity, but not one penny for tribute!)
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To: Cagey

He knew full well that he was subject to the three-strikes provisions, yet he chose to offend for a third time.

I have no sympathy for him, whatsoever.


3 posted on 03/07/2005 8:17:24 AM PST by jdege
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To: Cagey

Hell, It sounds like "Three Strikes" is really WORKING...

If the bastard didn't learn from two slaps in the head for being a crook ---- the third swing should remove the bastard from society....

Semper Fi


4 posted on 03/07/2005 8:17:59 AM PST by river rat (You may turn the other cheek, but I prefer to look into my enemy's vacant dead eyes.)
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To: Cagey
That's a heavier sentence than many people get for murder.

There has to be more to this. It's as if these judges are trying to create justification to rid themselves of the Three Strikes law.

5 posted on 03/07/2005 8:19:10 AM PST by Carry_Okie (There are people in power who are truly evil.)
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To: Cagey

I would be for a modified version of "three strikes" law.

I call it the "sentence multiplier" law. If you are convicted of a crime, your sentence is multiplied by the number of previous convictions.

If you were convicted twice for burglary, then you commit a petty crime you get 3 times the sentence for the petty crime - NOT life in prison.

We could lower the 'first crime' sentence length- and keep the repeat offenders in longer.


6 posted on 03/07/2005 8:20:32 AM PST by Mr. K (this space for rent)
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To: odoso

Oh for crying out loud, eliminate the three strikes law already.

Institute the 4 strikes law. 4 strikes = lethal injection!

Next.


7 posted on 03/07/2005 8:20:36 AM PST by JoeSixPack1 (@100 mph, you have no friends.)
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To: Cagey

How many habitual liars do We know? Lock'em all up!


8 posted on 03/07/2005 8:21:26 AM PST by SWAMPSNIPER ( suspect)
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To: Cagey

This is one of those cases where I think a judge should be able to use some restraint and give a more appropriate sentence. However, they tend to use that latitude stupidly and give ridiculous sentences for violent crimes as well, which is why the 3 Strikes law was created. Sorry dude, but in you go.


9 posted on 03/07/2005 8:23:17 AM PST by theDentist (The Dems are putting all their eggs in one basket-case: Howard "Belltower" Dean.)
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To: Cagey
And just what do people think a twice-convicted felon is going to do with a forged identity?

He's not going to prison for lying. He's going to prison for a continuing history of felonious behavior.
10 posted on 03/07/2005 8:24:19 AM PST by LexBaird ("Democracy can withstand anything but democrats" --Jubal Harshaw (RA Heinlein))
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To: theDentist
While I agree the judge should have a tiny bit of discretion, this guy was not sentenced for lying.

He was sentenced for two other crimes plus lying. Yes I know he may have already paid for those, but this is part of that payment for those previous crimes.

11 posted on 03/07/2005 8:25:56 AM PST by yarddog
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To: LexBaird

Well you beat me to it. Same idea.


12 posted on 03/07/2005 8:27:02 AM PST by yarddog
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To: SWAMPSNIPER

spell check should be (lawyers)


13 posted on 03/07/2005 8:47:24 AM PST by bdfromlv (leavenworth hard time)
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To: Cagey
"Reyes does not present an 'extraordinary' rare case; he is a career criminal," Richard Tallman wrote. "Between 1981 and 1997, he committed six crimes and spent almost seven years behind bars, five of which were passed in state prison."

"His criminal history reflects the very type and degree of recidivism the Supreme Court recognizes Three Strikes laws were properly intended to address."

I am inlcined to agree with Judge Tallman on this one.

14 posted on 03/07/2005 8:53:10 AM PST by Logophile
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To: Logophile

Make that "inclined".


15 posted on 03/07/2005 8:53:51 AM PST by Logophile
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To: Cagey
Another deceptive title to a newspaper article designed to promote outrage at the system and sympathy for the innocent outlaw. Further reading - way into the article - shows a hint at what's really going on with loser #36549810.

Anyone surprised?

Anyone at all?
16 posted on 03/07/2005 8:56:57 AM PST by YankeeinOkieville
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To: river rat
Hell, It sounds like "Three Strikes" is really WORKING...

...which is precisely why the bleeding-heart libs are screeching about how unfair it is!

17 posted on 03/07/2005 8:59:01 AM PST by TChris (Most people's capability for inference is severely overestimated)
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To: Cagey

Ypu'd think Libs would want more people in jail, as it increases the proportion of homo-normative behavior.


18 posted on 03/07/2005 9:01:42 AM PST by evolved_rage (OLAP SCHMOLAP)
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To: Cagey
Convicted of burglary in 1981 and armed robbery in 1987

Just imagine how many crimes he got away with. I heard somewhere that only 2% of all crimes result in a conviction.

19 posted on 03/07/2005 9:03:48 AM PST by aimhigh
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To: Mr. K

Genius, shear genius ...


20 posted on 03/07/2005 9:06:25 AM PST by Fish Hunter
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