GERARD P. SCHNEIDER, APPELLANT,
v.
THE PEOPLE OF THE STATE OF CALIFORNIA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that a state statute is not unconstitutional for permitting different punishments for the same crime, as sentencing discretion is permissible.
Appellant sought removal of a state criminal prosecution to federal court, alleging the state statute violated the Fourteenth Amendment's equal protec…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Removal Of Causes cases and more on FLexlaw
PER CURIAM:
Appellant Schneider petitioned the District Court, pursuant to 28 U.S.C. § 1443, for removal to that court of a criminal prosecution pending against him in the Municipal Court for the County of Los Angeles, California. The District Court remanded the action to the state court because of appellant’s apparent failure to comply with a District Court order that he file proof that he had served a copy of his petition for removal on the State of California. Schneider now appeals from the order remanding his action.
Upon examination of the record, we conclude that appellant fully complied with the District Court’s order, and that the District Court had jurisdiction of the matter. Proceeding to the merits of the petition, we determine that appellant is not entitled to relief. He alleges that the California state statute under which he has been prosecuted violates the equal protection clause of the Fourteenth Amendment to the United States Constitution by permitting “different punishments for the same acts, committed under the same circumstances, by persons in like situation.” Nothing in the Constitution requires that persons convicted of the same crime receive identical penalties.
“All murderers do not die, nor is every speeder arrested, or if fined, fined a similar amount.. Disparity of sentences is the subject of much discussion these days but no one has suggested that the discretion of the trial judge as to the sentences to be given in all cases should be eliminated.”
Marcella v. United States, 285 F. 2d 322, 324 (9th Cir. 1960), cert. denied, 366 U.S. 911, 81 S.Ct. 1085, 6 L.Ed.2d 235 (1961). See also Miller v. Gladden, 341 F. 2d 972, 977 (9th Cir. 1965). Cf. Williams v. Oklahoma, 358 U.S. 576, 585-586, 79 S.Ct. 421, 3 L.Ed.2d 516 (1959).
The order of the District Court remanding the case to the state court is affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
United States v. Hall, 778 F.2d 1427 (9th Cir. 1985)
-
Tomasino v. People OF the State OF Cal., 451 F.2d 176 (9th Cir. 1971)
-
Johnson v. The People OF the State OF Cal., 473 F.2d 1044 (9th Cir. 1973)
Authorities Cited
- Williams v. Oklahoma, 358 U.S. 576 (U.S. 1959)
- Upton v. Commissioner of Internal Revenue, 366 U.S. 911 (U.S. 1961)
- Bratton v. Commissioner of Internal Revenue, 366 U.S. 911 (U.S. 1961)
- Marcella v. United States, 285 F.2d 322 (9th Cir. 1960)
- Harley W. Miller v. Gladden, 341 F.2d 972 (9th Cir. 1965)