Punch and Jurists

U.S. v. Burgum, No. 09-50449 (9th Cir.) (633 F.3d 810) (January 25, 2011) (Judge Raymond C. Fisher) by Here a divided panel held that the district court’s reliance on the defendant’s inability to pay restitution as an aggravating sentencing factor in support of its decision to impose an upward departure …

Bearden v. Georgia, No. 81-6633 (U.S. Supreme Court) (461 U.S. 660; 103 S.Ct. 2064) (May 24, 1983) (Justice O'Connor) by In this case the petitioner pled guilty in a Georgia trial court to burglary and theft by receiving stolen property. Pursuant to the Georgia First Offender's Act, the state court …