organized crime

The State of New York indicted Santobello in 1969 on two felony counts of Promoting Gambling in the First Degree and Possession of Gambling Records in the First Degree. Santobello initially entered a plea of not guilty to both counts. After negotiations, the Assistant District Attorney agreed to permit a plea to the lesser-included offense of Possession of Gambling Records in the Second Degree and promised to make no recommendation as to sentence. On June 16, 1969, Santobello withdrew the not guilty plea and entered a guilty plea to the lesser charge. The court accepted the plea after Santobello confirmed it was voluntary and the facts described by the prosecutor were true. A series of delays followed, owing primarily to the absence of a pre-sentence report, so that by September 23, 1969, Santobello had still not been sentenced. By that date petitioner acquired new defense counsel. Petitioner's new counsel moved immediately to withdraw the guilty plea. In an accompanying affidavit, petitioner alleged that he did not know at the time of his plea that crucial evidence against him had been obtained as a result of an illegal search. In addition to his motion to withdraw his guilty plea, petitioner renewed the motion to suppress and filed a motion to inspect the grand jury minutes. These motions in turn caused further delay until November 26, 1969, when the court denied all three and set January 9, 1970, as the date for sentencing. On January 9, 1970, Santobello appeared before a different judge because the original judge had retired. A new prosecutor replaced the one who negotiated the plea and recommended the maximum one-year sentence, citing Santobello’s criminal record and alleged links with organized crime. Defense counsel objected on the ground that the State had promised no sentence recommendation and sought an adjournment to prove the promise, though the State later conceded in subsequent proceedings that the promise had been made. The sentencing judge imposed the maximum one-year sentence at the New York City Correctional Institution for men, stating that the prosecutor’s recommendation did not influence the decision. Santobello obtained a certificate of reasonable doubt and was admitted to bail pending appeal. The Appellate Division unanimously affirmed the conviction, and leave to appeal to the New York Court of Appeals was denied. Santobello then sought certiorari, which the Supreme Court granted.

In March 1963 Ernesto Miranda was arrested at his home in Phoenix and taken to the police station where he was identified by the complaining witness. He was then questioned by two officers in Interrogation Room No. 2 for two hours. The officers did not advise him of any right to counsel. Miranda signed a typed confession that was introduced at his trial for kidnapping and rape. On October 14 1960 Michael Vignera was arrested in connection with a Brooklyn robbery. He was taken first to the 17th Detective Squad headquarters in Manhattan and later to the 66th Detective Squad. A detective questioned him for several hours without any advice concerning counsel. Vignera made an oral admission. He was then questioned by an assistant district attorney whose transcribed statement was also introduced at his trial for first-degree robbery. On March 20 1963 Carl Calvin Westover was arrested by Kansas City police as a suspect in two local robberies. Kansas City police interrogated Westover on the night of his arrest. The next day local officers interrogated him again throughout the morning. Westover was then turned over to FBI agents who questioned him for two to two-and-a-half hours about California robberies and obtained signed confessions. At the time the FBI agents began questioning Westover he had been in custody for over fourteen hours. On January 31 1963 Roy Allen Stewart was arrested at his home in connection with a series of purse-snatch robberies. During the next five days police interrogated Stewart on nine different occasions without any advice of rights. On the ninth session Stewart confessed. Transcripts of the interrogations were introduced at his trial for kidnapping rape and murder. The Arizona Supreme Court affirmed Miranda's conviction. The New York courts affirmed Vignera's conviction. The Ninth Circuit affirmed Westover's conviction. The California Supreme Court reversed Stewart's conviction. The Supreme Court granted certiorari in the four cases and consolidated them for argument.

On February 23, 1998, Dewey Jones tossed a Molotov cocktail through a window into a home in Fort Wayne, Indiana, owned and occupied by his cousin. No one was injured in the ensuing fire, but the blaze severely damaged the home. A federal grand jury returned a three-count indictment charging Jones with arson under 18 U.S.C. § 844(i), using a destructive device during and in relation to a crime of violence under 18 U.S.C. § 924(c), and making an illegal destructive device under 26 U.S.C. § 5861(f). Jones was tried in the Northern District of Indiana and convicted by a jury on all three counts. The District Court sentenced Jones to a total prison term of 35 years, to be followed by five years of supervised release, and ordered him to pay $77,396.87 in restitution to the insurer of the damaged home. Jones appealed to the Court of Appeals for the Seventh Circuit, which affirmed the judgment of the District Court. Jones had argued before the District Court and on appeal that the statute, when applied to the arson of a private residence, exceeds Congress's authority under the Commerce Clause. The Supreme Court granted certiorari after noting divisions among the Courts of Appeals on the statute's coverage of noncommercial buildings and on the constitutionality of such applications.

In 1984, Congress enacted the Sentencing Reform Act to address widespread criticisms that federal sentencing was a national scandal marked by unwarranted disparities and uncertainty. The legislation created the United States Sentencing Commission as an independent commission in the judicial branch consisting of seven voting members. The President appoints the members with the advice and consent of the Senate, and at least three members must be federal judges selected after consideration of recommendations from the Judicial Conference of the United States, while the Attorney General serves as an ex officio nonvoting member. Petitioner John M. Mistretta was indicted in the United States District Court for the Western District of Missouri on three counts centering on a cocaine sale. He pleaded guilty to one count of conspiracy to distribute cocaine. The district court sentenced him under the Guidelines to 18 months' imprisonment to be followed by a three-year term of supervised release, along with a $1,000 fine and a $50 assessment. Mistretta appealed his sentence to the United States Court of Appeals for the Eighth Circuit, challenging the constitutionality of the Sentencing Commission and the Guidelines. Both Mistretta and the United States petitioned the Supreme Court for certiorari before judgment in the Eighth Circuit. The Court granted the petitions because of the imperative public importance of the issue and the disarray among the federal district courts.