United States v. Phillip Martinez, United States of America v. Michael Olmo

The defendants-appellants Phillip Martinez (Martinez) and Michael Olmo (Olmo) each appeal from their separate judgments of conviction and sentences to life imprisonment entered by the District Court on August 7, 1975. We affirm.

Martinez and Olmo were each 17 years of age at the time they were indicted for the alleged crime of murder in the first degree in violation of 18 U.S.C. § 1111 , and were tried to a jury as adults. The District Court, upon entry of the verdicts of guilty, rejected the option of sentencing under the Federal Youth Corrections Act, 18 U.S.C. § 5005 , et seq., and entered the mandatory term of life imprisonment for each.

The crime occurred on Treasure Island, United States Naval Base, San Francisco, California, during the night of January 16, 1975. A naval police officer, John Sauer, responding to a call, found Nazario Romero lying on the Treasure Island Road. Romero had been shot in the back and was in severe pain. He was unable to control the involuntary movement of at least one of his limbs.

While awaiting the ambulance, Sauer asked Romero who shot him. Romero responded, “Like, me, like me,” and when Sauer asked him if he meant MexicanAmeriean,…