green
Positive treatment
Quoted verbatim 3×
7.8 score
G Cite
cited 3× by 3 distinct cases, last quoted 1996 ·
…this case opens the window on the sometimes bizarre and topsy-turvy world of sentencing under the guidelines.
⚠ not in text
Treatment trajectory · 1993 → 2026 · click a year to view as-of
1993
2009
2026
Top citers, strongest first. 16 distinct citers.
How cited ↗
discussed
Cited "but see"
Warner v. United States
Second, and perhaps more importantly, defendant has, in fact, completed the (assumedly) lawful sentence 13 imposed upon him for his Drug-Related Convictions, and it cannot, in this Court's view, be gainsaid that a defendant enjoys a legitimate expectation of finality in a term of incarceration which was lawfully imposed upon him at the time of sentencing, which was unappealed, and which was also lawful at the time he completed serving that sentence. 14 See United States v. Daddino, 5 F.3d 262, 265 (7th Cir.1993); United States v. Arrellano-Rios, 799 F.2d 520, 524-25 (9th Cir.1986); see also Jo…
discussed
Cited as authority (quoted)
Herbert Ross Montanye v. United States
this case opens the window on the sometimes bizarre and topsy-turvy world of sentencing under the guidelines.
discussed
Cited as authority (quoted)
Herbert Montanye v. United States
this case opens the window on the sometimes bizarre and topsy-turvy world of sentencing under the guidelines.
discussed
Cited as authority (quoted)
United States v. Larry Edward Hiveley, United States of America v. Ansil Ezra Henry
this case opens the window on the sometimes bizarre and topsy-turvy world of sentencing under the guidelines.
discussed
Cited "see"
United States v. Beal
See United States v. Pozzy, 902 F.2d 133, 139 (1st Cir.1990), cert. denied, 498 U.S. 943 , 111 S.Ct. 353 , 112 L.Ed.2d 316 (1990)(defendant not entitled to § 5K2.12 departure because her motivation was money); United States v. Contreras, 180 F.3d 1204, 1211 (10th Cir.1999), cert. denied, 528 U.S. 904 , 120 S.Ct. 243 , 145 L.Ed.2d 204 (1999)(daughter’s financial dependence on father and economic coercion impermissible considerations). *19 B.
cited
Cited "see"
United States v. Javier Aristizabal Londono, Diego Lopez-Aguilar
See United States v. Rico, 902 F.2d 1065, 1068 (2d Cir.), cert. denied, 498 U.S. 943 , 111 S.Ct. 352 , 112 L.Ed.2d 316 (1990).
discussed
Cited "see"
United States v. Gevaras
See United States v. Rico, 902 F.2d 1065, 1068 (2nd Cir.1990), cert. denied, 498 U.S. 943 , 111 S.Ct. 352 , 112 L.Ed.2d 316 (1990); United States v. Pimienta-Redondo, 874 F.2d 9, 16 (1st Cir.1989) (en banc).
discussed
Cited "see"
United States v. Javier Aristizabal Londono, Diego Lopez-Aguilar
See United States v. Pozzy, 902 F.2d 133, 139 (1st Cir.) (reversing downward departure for defendant who became pregnant after arrest and feared birth in prison would stigmatize child), cert. denied, 498 U.S. 943 , 111 S.Ct. 353 , 112 L.Ed.2d 316 (1990).
cited
Cited "see"
United States v. Ramon Wilberto Abreu-Cabrera
See United States v. Rico, 902 F.2d 1065, 1067-68 (2d Cir.), cert. denied, 498 U.S. 943 , 111 S.Ct. 352 , 112 L.Ed.2d 316 (1990); Cook, 890 F.2d at 675 .
cited
Cited "see"
State v. Martin
See generally United States v. Green, 902 F.2d 1311, 1313 (8th Cir.), cert. denied, 498 U.S. 943 (1990).
discussed
Cited "see"
Parente v. United States
See United States v. Russell, supra, 917 F.2d at 516 (downward departure not authorized under Sec. 5K2.12 where the defendant, who had been convicted of armed bank robbery, introduced no evidence that he was physically coerced into committing his crime or that he did so under threat of injury to his person or property, which is "all the guideline on coercion or duress can reasonably be interpreted to cover") (citing United States v. Pozzy, 902 F.2d 133, 139 (1st Cir.), cert. denied, 498 U.S. 943 (1990)). 11 Second, the record shows that the armed robbery to which Parente pled guilty was not an…
discussed
Cited "see"
Parente v. United States
See United States v. Russell, supra, 917 F.2d at 516 ___ ______________ _______ _____ (downward departure not authorized under 5K2.12 where the defendant, who had been convicted of armed bank robbery, introduced no evidence that he was physically coerced into committing his crime or that he did so under threat of injury to his person or property, which is "all the guideline on coercion or duress can reasonably be interpreted to cover") (citing United States v. Pozzy, 902 F.2d 133, 139 (1st Cir.), _____________ _____ cert. denied, 498 U.S. 943 (1990)). ____________ Second, the record shows that…
discussed
Cited "see"
Peden v. Suwannee County School Board
See Sherman v. Burke Contracting, Inc., 891 F.2d 1527 , 1529 n. 4 (11th Cir.), cert. denied, 498 U.S. 943 , 111 S.Ct. 353 , 112 L.Ed.2d 317 (1990). 1 FINDINGS OF FACT At the times relevant to this lawsuit, the members of Defendant Suwannee County *1191 School Board (“the School Board” or “the Board”) were Sam Barnett, Eloise Boyles, J.M.
discussed
Cited "see"
United States v. David Woodbury Baker, United States of America v. Timothy Blackwell
(2×)
See United States v. O’Meara, 895 F.2d 1216, 1219-20 (8th Cir.), cert. denied, 498 U.S. 943 , 111 S.Ct. 352 , 112 L.Ed.2d 316 (1990).
discussed
Cited "see, e.g."
United States v. John Corey
See, e.g., United States v. Rico, 902 F.2d 1065, 1067-68 (2d Cir.), cert. denied, 498 U.S. 943 , 111 S.Ct. 352 , 112 L.Ed.2d 316 (1990); United States v. Cook, 890 F.2d 672, 674-75 (4th Cir.1989). 2 Moreover, both the First and Fifth Circuits held that the amendment to Rule 35 did not abrogate the Healy doctrine.
discussed
Cited "see, e.g."
United States v. Frank Christian Nichols, United States of America v. Michael Chambliss
See, e.g., United States v. Brown, 946 F.2d 58 , 60 n. 3 (8th Cir.1991); see also United States v. O'Meara, 895 F.2d 1216, 1220-21 (8th Cir. 1990), cert. denied, 498 U.S. 943 , 111 S.Ct. 352 , 112 L.Ed.2d 316 (1990).
Retrieving the full opinion text from the archive…
O'Meara
v.
United States and Kost v. United States
v.
United States and Kost v. United States
No. 90-5215; No. 90-5468.
Supreme Court of the United States.
Oct 29, 1990.
498 U.S. 943
Published
Citer courts: Eighth Circuit (3)
C. A. 8th Cir. Certiorari denied. Reported below: 895 F. 2d 1216.