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SUPREME COURT OF THE UNITED STATES
UNITED STATES v. JERRY J. NACHTIGAL ____
ON PETITION FOR WRIT OF CERTIORARI TO
THE UNITED STATES COURT OF APPEALS FOR
THE NINTH CIRCUIT
No. 92-609. Decided February 22, 1993
PER CURIAM.
Respondent Jerry Nachtigal was charged with operating a motor vehicle in
Yosemite National Park while under the influence of alcohol, in violation of 36
CFR SS4.23(a)(1) and (a)(2) (1992).
Driving under the influence (DUI) is a class B misdemeanor and carries a
maximum penalty of six months' imprisonment, S1.3(a); 18 U. S. C. S3581(b)(7),
and a $5,000 fine, SS3571(b)(6) and (e). As an alternative to a term of
imprisonment, the sentencing court may impose a term of probation not to exceed
five years. SS3561(a)(3), (b)(2). The sentencing court has discretion to
attach a host of discretionary conditions to the probationary term. S3563(b).
Respondent moved for a jury trial. Applying our decision in Blanton v. North _______ _____
Las Vegas, 489 U. S. 538 (1989), the Magistrate Judge denied the motion. He_________
reasoned that because DUI carries a maximum term of imprisonment of six months,
it is presumptively a "petty" offense which is not embraced by the jury trial
guaranty of the Sixth Amendment. He rejected respondent's contention that the
additional penalties transformed DUI into a "serious" offense for Sixth
Amendment purposes. Respondent was then tried by the Magistrate Judge and
convicted of operating a motor vehicle under the influence of alcohol in
violation of 36 CFR S4.23(a)(1) (1992). He was fined $750.00 and placed on
unsupervised probation for one year.
The District Court reversed the magistrate judge on the issue of entitlement
to a jury trial, commenting that the2 UNITED STATES v. NACHTIGAL ____
language in our opinion in Blanton was "at variance with the Ninth Circuit _______
precedent of United States v. Craner, [652 F. 2d 23 (1981)],'' and electing to _____________ ______
follow Craner because our opinion in Blanton did not "expressly overrule" ______ _______
Craner. App. to Pet. for Cert. 17a, 20a.______
The Court of Appeals for the Ninth Circuit agreed with the District Court,
holding that Blanton is "[in]apposite," that Craner controls, and that _______ ______
respondent is entitled to a jury trial. App. to Pet. for Cert., at 3a-4a,
judgt. order reported at 953 F. 2d 1389 (1992). The Court of Appeals reasoned
that since the Secretary of the Interior, and not Congress, set the maximum
prison term at six months, "[t]here is no controlling legislative determination"
regarding the seriousness of the offense. Id., at 4a; see also United States ____ _____________
v. Craner, 652 F. 2d 23, 25 (CA9 1981). The court also found it significant ______
that the Secretary of the Interior, in whom Congress vested general regulatory
authority to fix six months as the maximum sentence for any regulatory offense
dealing with the use and management of the national parks, monuments, or
reservations, see 16 U. S. C. S3, chose the harshest penalty available for DUI
offenses. App. to Pet. for Cert. 3a-4a; see also Craner, supra, at 25. ______________
Finally, the court noted that seven of the nine States within the Ninth Circuit
guarantee a jury trial for a DUI offense. App. to Pet. for Cert. 3a-4a; see
also Craner, supra, at 27. _____________
Unlike the Court of Appeals and the District Court, we think that this case is
quite obviously controlled by our decision in Blanton. We therefore grant the _______
United States' petition for certiorari and reverse the judgment of the Court of
Appeals. The motion of respondent for leave to proceed in forma pauperis is _________________
granted.
In Blanton, we held that in order to determine whether the Sixth Amendment _______
right to a jury trial attaches to a particular offense, the court must examine
"objective indications of the seriousness with which society regards the
offense." Blanton, 489 U. S., at 541 (internal quotation marks omitted). The _______
best indicator of society's views is the maximum penalty set by the legislature.
Ibid. _____ UNITED STATES v. NACHTIGAL 3 ____
While the word "penalty" refers both to the term of imprisonment and other
statutory penalties, we stated that "[p]rimary emphasis . . . must be placed on
the maximum authorized period of incarceration." Id., at 542. We therefore ___
held that offenses for which the maximum period of incarceration is six months
or less are presumptively ``petty.'' A defendant can overcome this presumption,
and become entitled to a jury trial, only by showing that the additional
penalties, viewed together with the maximum prison term, are so severe that the
legislature clearly determined that the offense is a "`serious'" one. Id., at ___
543. Finally, we expressly stated that the statutory penalties in other States
are irrelevant to the question whether a particular legislature deemed a
particular offense "`serious.'" Id., at 545, n. 11. ___
Applying the above rule, we held that DUI was a petty offense under Nevada
law. Since the maximum prison term was six months, the presumption described
above applied. We did not find it constitutionally significant that the
defendant would automatically lose his license for up to 90 days, and would be
required to attend, at his own expense, an alcohol abuse education course. Id., ___
at 544, and n. 9. Nor did we believe that a $1,000 fine or an alternative
sentence of 48 hours' community service while wearing clothing identifying him
as a DUI offender was more onerous than six months in jail. Id., at 544-545. ___
The present case, we think, requires only a relatively routine application of
the rule announced in Blanton. Because the maximum term of imprisonment is six _______
months, DUI under 36 CFR S4.23(a)(1) (1992) is presumptively a petty offense to
which no jury trial right attaches. The Court of Appeals refused to apply the
Blanton presumption, reasoning that the Secretary of the Interior, and not_______
Congress, ultimately determined the maximum prison term. But there is a __
controlling legislative determination present within the regulatory scheme. In
16 U. S. C. S3, Congress set six months as the maximum penalty the Secretary
could impose for a violation of any of his4 UNITED STATES v. NACHTIGAL ____
regulations. The Court of Appeals offered no persuasive reason why this
congressional determination is stripped of its "legislative" character merely
because the Secretary has final authority to decide, within the limits given by
Congress, what the maximum prison sentence will be for a violation of a given
regulation.
The additional penalties imposed under the regulations are not sufficiently
severe to overcome this presumption. As we noted in Blanton, it is a rare case _______
where "a legislature packs an offense it deems `serious' with onerous penalties
that nonetheless do not puncture the 6-month incarceration line." Blanton, 489 _______
U. S., at 543 (internal quotation marks omitted). Here, the federal DUI offense
carries a maximum fine of $5,000, and respondent faced, as an alternative to
incarceration, a maximum 5-year term of probation. While the maximum fine in
this case is $4,000 greater than the one in Blanton, this monetary penalty _______
"cannot approximate in severity the loss of liberty that a prison term entails."
Id., at 542.___
Nor do we believe that the parole alternative renders the DUI offense
"serious."* Like a monetary penalty, the liberty infringement caused by a term
of probation is far less intrusive than incarceration. Ibid. The discretionary _____
probation conditions do not alter this conclusion; while they obviously entail a
greater infringement on liberty than probation without attendant conditions,
they do not approximate the severe loss of liberty caused by imprisonment for
more than six months.
We hold that the Court of Appeals was wrong in refusing to recognize that this
case was controlled by our opinion in Blanton rather than by its previous _______
opinion in Craner. An individual convicted of driving under the influence in ______
violation of 36 CFR S4.23(a)(1) (1992) is not constitutionally entitled to a
jury trial. The petition of the United States for certiorari is accordingly
granted, and the judgment of the Court of Appeals is reversed.
____________________
^I^F UNITED STATES v. NACHTIGAL 5 ____
It is so ordered. ________________