United States v. Marco Alfonso Ramirez
Court of Appeals for the Ninth Circuit
1Opinion of the Court
HUFSTEDLER, Circuit Judge:
Ramirez’ appeal presents this important constitutional question: Does the Fifth Amendment require that a prosecution for a misdemeanor be initiated by indictment when the defendant can be sentenced under the Federal Youth Corrections Act (18 U.S.C. § 5010(b))? We hold that a defendant who is potentially subject to the extended confinement prescribed by the Youth Corrections Act is thus subject to *910“infamous punishment” for which an indictment is required by the Fifth Amendment.
Ramirez was charged, by information, with possession of a controlled substance in violation…
2Cases cited30 opinions
- Wolff v. McDonnellSupreme Court of the United States · 1974
- In Re WINSHIPSupreme Court of the United States · 1970
- In Re GAULTSupreme Court of the United States · 1967
- McKeiver v. PennsylvaniaSupreme Court of the United States · 1971
- Dorszynski v. United StatesSupreme Court of the United States · 1974
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- United States v. Alejandro Robles-RodriguezCourt of Appeals for the Ninth Circuit · 2002
- United States v. Jerome F. Donelson, United States of America v. Andre WashingtonCourt of Appeals for the D.C. Circuit · 1982
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