United States v. Stanfill El, No. 12-30155 (9th Cir. 2013)
Annotate this CaseDefendant was charged with assault under a statute that provided for a maximum prison sentence of six months. On appeal, defendant argued that the possibility of being ordered to pay a substantial amount of money in restitution gave him the right to a trial by jury under the Sixth and Seventh Amendments. The court concluded that the prosecution of defendant, even though it resulted in an order requiring him to make monetary payment in restitution, was still a prosecution for a petty offense, and was not a civil action. Therefore, defendant had no right to a jury under either the Sixth or Seventh Amendment and the court affirmed the judgment.
Court Description: Criminal Law. Affirming a conviction following a bench trial for assault under a federal statute that provided for a maximum prison sentence of six months, the panel held that the defendant had no right to a trial by jury under either the Sixth or Seventh Amendments because even though the prosecution resulted in an order requiring the defendant to make monetary payment in restitution, it was still a prosecution for a petty offense and not a civil action.
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