green
Positive treatment
Quoted verbatim 1×
4.6 score
“circuits have chosen not to exercise their discretion to correct plain sentencing errors raised by the government on appeal ... when the length of the sentence imposed and the correct sentence was not significant enough to create a miscarriage of justice.”
Treatment trajectory · 2003 → 2026 · click a year to view as-of
2003
2014
2026
Top citers, strongest first. 7 distinct citers.
How cited ↗
examined
Cited as authority (quoted)
Guzman v. United States
circuits have chosen not to exercise their discretion to correct plain sentencing errors raised by the government on appeal ... when the length of the sentence imposed and the correct sentence was not significant enough to create a miscarriage of justice.
cited
Cited "see"
Ontha v. Rutherford Cnty TN
See Phelps v. Coy, 286 F.3d 295, 301-02 (6th Cir.2002), cert. denied, 537 U.S. 1104 , 123 S.Ct. 866 , 154 L.Ed.2d 772 (2003).
discussed
Cited "see"
Reffsin v. United States
See United States v. Gordon et al., 291 F.3d 181 (2d Cir.2002), cert. denied, 537 U.S. 1114 , 123 S.Ct. 866 , 154 L.Ed.2d 788 (2003); United States v. Gordon et al., 71 F.Supp.2d 128 (E.D.N.Y.1999); United States v. Gordon et al., 990 F.Supp. 171 (E.D.N.Y.1998).
cited
Cited "see"
United States v. Alfred Lenoci, Sr.
See United States v. Gordon, 291 F.3d 181, 186 (2d Cir.2002), cert. denied, 537 U.S. 1114 , 123 S.Ct. 866 , 154 L.Ed.2d 788 (2003); United States v. Carboni, 204 F.3d 39, 46 (2d Cir.2000).
discussed
Cited "see, e.g."
Acklin v. City of Inkster
With respect to Defendant Melendez, the Sixth Circuit has specifically noted that “ ‘there undoubtedly is a clearly established legal norm precluding the use of violent physical force against a criminal suspect who already has been subdued and does not present a danger to himself or others.’ ” Meirthew, 417 Fed.Appx. at 499 (quoting Harris v. City of Circleville, 583 F.3d 356, 367 (6th Cir.2009)); see also Phelps v. Coy, 286 F.3d 295, 302 (6th Cir.2002) (holding that a police officer’s tackling of a handcuffed suspect, hitting him in the face twice, and banging his head on the floor …
discussed
Cited "see, e.g."
Bultema v. Benzie County
See, e.g., Phelps v. Coy, 286 F.3d 295, 302 (6th Cir.2002) (holding that a police officer’s tackling of a handcuffed suspect, hitting him in the face twice, and banging his head on the floor three times, was unconstitutional), cert. denied, 537 U.S. 1104 , 123 S.Ct. 866 , 154 L.Ed.2d 772 (2003); McDowell, 863 F.2d at 1307 (holding that a blow from a nightstick to a handcuffed, unresisting suspect was constitutionally unreasonable).
discussed
Cited "see, e.g."
United States v. Clarissa Aspinall
A plain error is one that prejudi-cially affected the defendant’s “substantial rights” and “seriously affect[ed] the fairness, integrity or public reputation of judicial proceedings.” United States v. Olano, 507 U.S. 725, 732 , 113 S.Ct. 1770 , 123 L.Ed.2d 508 (1993) (internal quotation marks omitted); see, e.g., United States v. Gordon, 291 F.3d 181, 193 (2d Cir.2002), cert. denied, 537 U.S. 1114 , 123 S.Ct. 866 , 154 L.Ed.2d 788 (2003).
Retrieving the full opinion text from the archive…
Alabama
v.
Moffitt
v.
Moffitt
02-327.
Supreme Court of the United States.
Jan 13, 2003.
Published
Citer courts: S.D. New York (1)
Sup. Ct. Ala. Motion of respondent for leave to proceed informa pauperis granted. Certiorari denied.