green
Positive treatment
3.8 score
Treatment trajectory · 1994 → 2026 · click a year to view as-of
1994
2010
2026
Top citers, strongest first. 8 distinct citers.
How cited ↗
discussed
Cited "see"
United States v. Yahnke
“Instead, a court must adequately ‘explain and support the departure.’ ” Id. (again quoting Collins); accord United States v. Levi 229 F.3d 677, 679 (“[T]he court was not required to compare [the defendant] explicitly to other offenders in that category before departing upward,” nor is the court required “ ‘to discuss each criminal history category it rejects en route to the category that it selects.’ ”) (quoting Day, infra)', United States v. Day, 998 F.2d 622, 625 (8th Cir.1993) (“[N]either the text of § 4A1.3 nor our precedents require a ‘ritualistic exercise in whi…
cited
Cited "see"
United States v. Bacon
See United States v. Byrd, 995 F.2d 536, 540 (4th Cir. 1993), cert. denied, 114 S. Ct. 2140 (1994).
cited
Cited "see"
United States v. Brian Bacon, A/K/A Brian Hillard
See United States v. Byrd, 995 F.2d 536, 540 (4th Cir.1993), cert. denied, — U.S. -, 114 S.Ct. 2140 , 128 L.Ed.2d 868 (1994).
discussed
Cited "see, e.g."
United States v. One Star
Retrospective competency determinations “are strongly disfavored” and have “inherent difficulties” even “under the most favorable circumstances.” Weisberg v. Minnesota, 29 F.3d 1271, 1278 (8th Cir.1994) (quoting Drope v. Missouri, 420 U.S. 162, 183 , 95 S.Ct. 896 , 43 L.Ed.2d 103 (1975)), cert. denied, 513 U.S. 1126 , 115 S.Ct. 935 , 130 L.Ed.2d 880 (1995); see also United States v. Day, 949 F.2d 973, 982, n. 9 (8th Cir.1991) (“to require a sentencing court [upon a collateral attack of a prior conviction] to decide whether a defendant was competent during proceedings that took pl…
cited
Cited "see, e.g."
United States of America v. Darrell Theodore Kind, Also Known as Troy Swan
Compare United States v. Day, 998 F.2d 622, 626-27 (8th Cir.1993), cert. denied, 511 U.S. 1130 , 114 S.Ct. 2140 , 128 L.Ed.2d 868 (1994).
discussed
Cited "see, e.g."
People v. Padilla
See United States v. Giltner, 889 F.2d 1004, 1008 (11th Cir.1989) (“While due process requires that appellant be afforded the opportunity to refute the information brought against him at sentencing, ... it does not require that appellant be given the opportunity to call and cross-examine witnesses to rebut the information.”) (citations omitted); see also United States v. Byrd, 995 F.2d 536 , 540 n. 5 (4th Cir.1993) cert. denied, — U.S. -, 114 S.Ct. 2140 , 128 L.Ed.2d 868 (1994) (stating that federal statutory language providing that no limits may be placed on the information considered b…
discussed
Cited "see, e.g."
Kornahrens v. Evatt
We believe the district court correctly determined that an evidentiary hearing would have been duplicative and, ultimately, unhelpful 12 See also Drayton v. Evatt, 312 S.C. 4 , 430 S.E.2d 517, 519 ("In favorem vitae review requires us to painstakingly inspect capital cases to determine whether prejudicial error has been committed in a trial irrespective of whether an assignment of error has been made by the defendant."), cert. denied, --- U.S. ----, 114 S.Ct. 607 , 126 L.Ed.2d 572 (1993) 13 See State v. Small, 307 S.C. 92 , 413 S.E.2d 870, 871 (Ct.App.1992) ("Assault and battery of a high and …
discussed
Cited "see, e.g."
Kornahrens v. Evatt
See State v. Small, 307 S.C. 92 , 413 S.E.2d 870, 871 (Ct.App.1992) ("Assault and battery of a high and aggravated nature is the unlawful act of violent injury to another accompanied by circumstances of aggravation such as the infliction of serious bodily injury, great disparity in the physical conditions of the parties, and the purposeful infliction of shame and disgrace.”) (emphasis added & citation omitted); see also United States v. Byrd, 995 F.2d 536, 537-38 (4th Cir.1993) (classifying assault and batteiy of a high and aggravated nature as a crime of violence for the purposes of the car…
Retrieving the full opinion text from the archive…
Valenzuela-Lopez
v.
United States
v.
United States
No. 93-7213.
Supreme Court of the United States.
May 31, 1994.
Published
C. A. 5th Cir. Certiorari denied.