Brandau

I. Factual and Procedural Background

A.

John B. Brandau (“Brandau”) was arrested in Yosemite National Park (“Yosemite”) for disorderly conduct and public 11562 UNITED STATES v. BRANDAU intoxication. The next day he was brought before a United States magistrate judge in Yosemite. Brandau’s federal public defender made a motion to unshackle him during his initial appearance. The magistrate judge denied the request, consid- ering himself bound by the Eastern District of California’s General Order No. 441, which required the full shackling of all defendants at first appearance. Brandau pled guilty to pub- lic intoxication in a national park, was sentenced to twelve months of non-reporting informal probation, two days’ time served, a $250 fine, and attendance at AA meetings. He was released later that morning.

Brandau filed a timely appeal of the shackling order, argu- ing that General Order No. 441 should be rescinded, both on constitutional grounds and because the rule was promulgated without public notice and comment. His case was consoli- dated with two other appeals challenging the district-wide shackling policy, one of which involved Christina Ann Carr…