U.S. v. Howard

• Decision Date: 27 March 2007
• Docket Number: No. 03-50545.,No. 03-50542.,No. 03-50539.,No. 03-50540.,No. 03-50543.,No. 03-50525.,No. 03-50538.,No. 03-50532.,No. 03-50524.,No. 03-50536.,No. 03-50541.,No. 03-50535.,No. 03-50534.,No. 03-50526.,No. 03-50544.,No. 03-50533.,No. 03-50527.,No. 03-50537.,03-50524.,03-50525.,03-50526.,03-50527.,03-50532.,03-50533.,03-50534.,03-50535.,03-50536.,03-50537.,03-50538.,03-50539.,03-50540.,03-50541.,03-50542.,03-50543.,03-50544.,03-50545.
• Citation: 480 F.3d 1005
• Parties: UNITED STATES of America, Plaintiff-Appellee, v. Jesse Lee HOWARD, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Jose Luis Farias-Blanco, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Jose Angel Cedillos, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Robert Herman Boulies, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Daniel Rivera-Gonzalez, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Jorge Pineda-Fernandez, a/k/a Jorge Peneda, Defendant-Appellant. United States of America, Plaintiff-Appellee, Randolph Arthur Cisneros, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Cornelio Garcia-Chavez, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Jose Cabanillas-Nunez, a/k/a Jose Arsenio Cabanillas, Jose Arencio Nunez, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Raymond Flores, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Christian Raudales, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Miguel Lencia, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Raymond Cazares, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Vernon Crocker, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Lorena Gallardo, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Jeffrey Darryl Wafer, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Pedro F. Sandoval-Sandoval, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Carlos Alvarez, Defendant-Appellant.
• Court: U.S. Court of Appeals — Ninth Circuit

480 F.3d 1005 UNITED STATES of America, Plaintiff-Appellee,
v.
Jesse Lee HOWARD, Defendant-Appellant.
United States of America, Plaintiff-Appellee,
v.
Jose Luis Farias-Blanco, Defendant-Appellant.
United States of America, Plaintiff-Appellee,
v.
Jose Angel Cedillos, Defendant-Appellant.
United States of America, Plaintiff-Appellee,
v.
Robert Herman Boulies, Defendant-Appellant.
United States of America, Plaintiff-Appellee,
v.
Daniel Rivera-Gonzalez, Defendant-Appellant.
United States of America, Plaintiff-Appellee,
v.
Jorge Pineda-Fernandez, a/k/a Jorge Peneda, Defendant-Appellant.
United States of America, Plaintiff-Appellee,
Randolph Arthur Cisneros, Defendant-Appellant.

[480 F.3d 1006]

United States of America, Plaintiff-Appellee,
v.
Cornelio Garcia-Chavez, Defendant-Appellant.
United States of America, Plaintiff-Appellee,
v.
Jose Cabanillas-Nunez, a/k/a Jose Arsenio Cabanillas, Jose Arencio Nunez, Defendant-Appellant.
United States of America, Plaintiff-Appellee,
v.
Raymond Flores, Defendant-Appellant.
United States of America, Plaintiff-Appellee,
v.
Christian Raudales, Defendant-Appellant.
United States of America, Plaintiff-Appellee,
v.
Miguel Lencia, Defendant-Appellant.
United States of America, Plaintiff-Appellee,
v.
Raymond Cazares, Defendant-Appellant.
United States of America, Plaintiff-Appellee,
v.
Vernon Crocker, Defendant-Appellant.
United States of America, Plaintiff-Appellee,
v.
Lorena Gallardo, Defendant-Appellant.
United States of America, Plaintiff-Appellee,
v.
Jeffrey Darryl Wafer, Defendant-Appellant.
United States of America, Plaintiff-Appellee,
v.
Pedro F. Sandoval-Sandoval, Defendant-Appellant.
United States of America, Plaintiff-Appellee,
v.
Carlos Alvarez, Defendant-Appellant. No. 03-50524. No. 03-50525. No. 03-50526. No. 03-50527. No. 03-50532. No. 03-50533. No. 03-50534. No. 03-50535. No. 03-50536. No. 03-50537. No. 03-50538. No. 03-50539. No. 03-50540. No. 03-50541. No. 03-50542. No. 03-50543. No. 03-50544. No. 03-50545. United States Court of Appeals, Ninth Circuit. Argued and Submitted November 1, 2004. Filed March 27, 2007.

[480 F.3d 1007]

Carlton Frederick Gunn, Deputy Public Defender, Los Angeles, CA, for the defendants-appellants.

Patrick R. Fitzgerald and Becky S. Walker, Assistant United States Attorneys, Los Angeles, CA for the plaintiff-appellee.

Appeal from the United States District Court for the Central District of California Audrey B. Collins, District Judge, Presiding. D.C. Nos. CR-03-00390-GAF, 03-0861M-ABC, 03-0890M-ABC, 03-0945M-ABC, CR-03-00435-RSWL, CR-03-00439-GHK, CR-03-00486-RSWL, CR-03-00493-NMM, CR-03-00509-DMT, CR-03-00516-R-02, CR-03-00533-FMC-02,

[480 F.3d 1008]

03-0858M-ABC, 03-089M-ABC, 03-0899M-ABC, 03-0944M-ABC, 03-0860M-ABC, 03-0896M-ABC, 03-0942M-ABC.

Before: SCHROEDER, Chief Judge, GOULD and CLIFTON, Circuit Judges.

SCHROEDER, Chief Judge:

This is an interlocutory appeal by criminal defendants challenging a requirement that pretrial detainees making their first appearance before a magistrate judge wear leg shackles. The district-wide shackling policy was implemented by the United States Marshals Service for the Central District of California after consultation with the magistrate judges. In each of these seventeen cases, a magistrate judge denied the Federal Public Defender's motion for the defendant to appear without shackles at the initial appearance. The district court reviewed these adverse magistrate judges' rulings in a consolidated appeal. The district court, citing safety concerns, affirmed the magistrate judges' shackling decisions. The record contains evidence that the policy was adopted after consultation between magistrate judges and the United States Marshals Service, and that the policy was implemented to address the security concerns associated with multi-defendant proceedings in an unsecured, large courtroom, in a district in which the security personnel must cover several courthouses.

Before reaching the merits of the case, we must deal with appellate jurisdictional obstacles raised by the government. These are questions of mootness and appellate jurisdiction over interlocutory orders. We conclude that the case is not moot because the issues are capable of repetition and will otherwise evade review, and that we have appellate jurisdiction to review the orders that finally dispose of issues collateral to the merits of the cases.

On the merits, it is undisputed that the policy effectuates some diminution of the liberty of pretrial detainees and detracts to some extent from the dignity and the decorum of a critical stage of a criminal prosecution. We conclude, however, that the shackling policy was adopted with an adequate justification of its necessity. On the basis of the record before us, we affirm the district court's order upholding the policy.

BACKGROUND

Defendants seek review of a district-wide policy requiring leg restraints during defendants' initial appearances. The policy was discussed by the magistrate judges in formal and informal meetings. The magistrate judges also consulted with the United States Marshals Service for the Central District of California, and, in April 2003, following these consultations, the Marshals Service implemented the policy. It applies only to in-custody defendants as opposed to defendants appearing in court in response to a summons. The record indicates that the Marshals Service consulted with the magistrate judges before enacting the policy and that it was enacted to address security concerns surrounding the transportation of varying numbers of in-custody defendants from secure facilities to a less-secure courtroom. The record also indicates that during at least some period in the past, defendants were neither shackled nor handcuffed at initial appearances. Before the policy in question was implemented, however, in-custody defendants appeared in full restraints, so this policy represented a reduction of restraints on defendants.

The record contains the declaration of Robert Masaitis, Chief Deputy United States Marshal for the Central District of California, who states that "[t]he new policy was implemented after consultations with the magistrate judges of the district."

480 F.3d 1009

He further states that the shackling policy is necessary to ensure safety and order in the courtroom. He also states that the need for leg restraints is enhanced by staffing shortages in the Marshals Service. The declaration also states that prisoner management is crucial to the Marshals Service's duty to provide security for the federal judiciary, and that the greatest risks of escape and violence occur during transportation from detention facilities and in the courtroom.

In each of these consolidated cases, the defendant was represented by the Federal Public Defender and made his initial court appearance with leg restraints. The Federal Public Defender moved that the defendant be permitted to appear without shackles. In some cases, the magistrate judges allowed the Federal Public Defender to argue the motion. The magistrate judge denied the motion in each case.

In a consolidated appeal from interlocutory orders, the Federal Public Defender sought district court review of the magistrate judges' denials of the motions. The district court affirmed the magistrate judges' shackling decisions. It noted that shackling may indeed detract from the dignity and decorum of judicial proceedings, but concluded that safety interests outweighed this concern. The district court clarified that any other potential problems with shackling could be addressed in an individual case, if necessary. Therefore, the district court held that the policy did not deprive the defendants of their due process rights. This consolidated appeal followed.

MOOTNESS

The government argues that this case is moot because no effective relief can be ordered at this stage for these defendants whose criminal pretrial proceedings are over. See Bernhardt v. County of Los Angeles, 279 F.3d 862, 871 (9th Cir.2002). Article III, Section 2 of the Constitution limits federal court jurisdiction to "cases" and "controversies." This case or controversy requirement exists through all stages of federal judicial proceedings. Spencer v. Kemna, 523 U.S. 1, 7, 118 S.Ct. 978, 140 L.Ed.2d 43 (1998). A number of doctrines have developed, however, to permit courts to review a case in which it is no longer possible to remedy the particular grievance giving rise to the litigation.

One is the exception to the mootness doctrine for violations "capable of repetition, yet evading review." See, e.g., Gerstein v. Pugh, 420 U.S. 103, 110 n. 11, 95 S.Ct. 854, 43 L.Ed.2d 54 (1975). This is such a case. In Gerstein, the Supreme Court stated that very brief pretrial detention is by nature temporary, because it is most unlikely that any given individual could have his constitutional claim decided on appeal before he is released or convicted. Id. There the Supreme Court held the exception to the mootness doctrine for violations "capable of repetition, yet evading review" applied because the constitutional violation was likely to be repeated but would not last long enough to be reviewed before becoming moot. Id.

An initial proceeding in a criminal case is even more temporary than the pretrial detention at issue in Gerstein. This case evades review for essentially the same reason. The defendants could not have brought the challenges to the shackling by the magistrate judge to the district court, much less to us, before the harm of shackling at the initial proceeding was completed.

This situation giving rise to this challenge also is capable of repetition. We acknowledge that we cannot assume that criminal conduct will be recurring on the part of these defendants. See O'Shea v.

480 F.3d 1010

Littleton, 414 U.S. 488, 496, 94 S.Ct. 669, 38 L.Ed.2d 674 (1974). This case is therefore distinguishable from an abortion case, the classic case capable of repetition yet...