United States v. Rene Sanchez-Gomez

The judges of the Southern District of California have deferred to the recommendation of the United States Marshals to place pretrial detainees in full shackle restraints for most appearances before a judge, including arraignments, unless a judge specifically requests the restraints be removed in a particular case. The deferral policy was adopted after some security incidents, coupled with understaffing, created strains in the ability of the Marshals Service to provide adequate security for the newly opened San Diego courthouse. Several defendants have unsuccessfully challenged the policy in the district court and now appeal.

Our circuit’s leading case requires adequate justification for a generalized policy authorizing the pretrial use of shackles. United States v. Howard, 480 F.3d 1005 (9th Cir.2007). On this record, the Southern District has failed to provide adequate justification for its restrictive shackling policy. We therefore vacate and remand for further proceedings.

BACKGROUND

On March 12, 2013, the U.S. Marshal for the Southern District of California sent a letter to the Chief Judge of the District requesting that the district consider adopting a policy of…