green
Positive treatment
Quoted verbatim 1×
9.4 score
“if congress had wanted maximum term authorized by law to mean maximum term authorized by the sentencing guidelines, it could have said so”
Treatment trajectory · 1993 → 2026 · click a year to view as-of
1993
2009
2026
Top citers, strongest first. 24 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
United States v. Gigante
if congress had wanted maximum term authorized by law to mean maximum term authorized by the sentencing guidelines, it could have said so
discussed
Cited "see"
Abbott v. State
See United States v. *620 Roberts, 915 F.2d 889, 891 (4th Cir.1990), cert. denied, 498 U.S. 1122 , 111 S.Ct. 1079 , 112 L.Ed.2d 1184 (1991); United States v. Carrier, 672 F.2d 300, 306 (2d Cir.) (discussing 18 U.S.C. § 871 (a)), cert. denied, 457 U.S. 1139 , 102 S.Ct. 2972 , 73 L.Ed.2d 1359 (1982).
cited
Cited "see"
State v. Elliott
See Brown v. Dep’t of Inland Fisheries & Wildlife, 577 A.2d 1184 , 1185 & n. 4 (Me.1990), cert. denied, 498 U.S. 1122 , 111 S.Ct. 1078 , 112 L.Ed.2d 1183 (1991). 11 .
cited
Cited "see"
United States v. Brannon L. Hatchett
See United States v. Romo, 914 F.2d 889, 896 (7th Cir.1990), cert. denied, 498 U.S. 1122 , 111 S.Ct. 1078 , 112 L.Ed.2d 1183 (1991).
cited
Cited "see"
United States v. Hatchett, Brannon L.
See United States v. Romo, 914 F.2d 889, 896 (7th Cir. 1990), cert. denied, 498 U.S. 1122 , 111 S. Ct. 1078 (1991).
cited
Cited "see"
United States v. Kayarath
See United States v. Rhodes, 913 F.2d 839, 843 (10th Cir.1990), cert. denied, 498 U.S. 1122 , 111 S.Ct. 1079 , 112 L.Ed.2d 1184 (1991).
discussed
Cited "see"
State v. Ramos
(2×)
See id., citing In re Marriage of Schulz v. Ystad, 155 Wis. 2d 574, 599 , 456 N.W.2d 312 (1990). ¶ 8.
discussed
Cited "see"
Matanuska-Susitna Borough School District v. State
See United States v. Roberts, 915 F.2d 889, 891 (4th Cir.1990), cert. denied, 498 U.S. 1122 , 111 S.Ct. 1079 , 112 L.Ed.2d 1184 (1991) (to establish equal protection violation, plaintiff “must show that similarly situated persons are subject to disparate treatment”); People in Interest of C.B., 740 P.2d 11 , 17 (Colo.1987) (“threshold inquiry in any equal protection claim is whether persons who are in fact similarly situated are subjected to disparate treatment by governmental act”); Wellman v. Department of Human Serv's, 574 A.2d 879, 883 (Me.1990) ("The prohibition against denial of …
discussed
Cited "see"
United States v. Harold Michael McTeer
See, e.g., United States v. Darby, 37 F.3d 1059, 1064-65 (4th Cir.1994) (prosecuting under 18 U.S.C. § 875 (c)), cert. denied, 115 S.Ct. 1826 (1995). 11 A judge should submit the case to the jury if "there is substantial evidence that tends to show beyond a reasonable doubt that an ordinary, reasonable recipient who is familiar with the context of the letter would interpret it as a threat of injury...." United States v. Maisonet, 484 F.2d 1356, 1358 (4th Cir.1973), cert. denied, 415 U.S. 933 (1974); accord United States v. Roberts, 915 F.2d 889, 891 (4th Cir.1990) (prosecuting under 18 U.S.C.…
discussed
Cited "see"
United States v. McTeer
A judge should submit the case to the jury if "there is substantial evidence that tends to show beyond a reasonable doubt that an ordi- nary, reasonable recipient who is familiar with the context of the letter would interpret it as a threat of injury . . . ." United States v. Maisonet, 484 F.2d 1356, 1358 (4th Cir. 1973), cert. denied, 415 U.S. 933 (1974); accord United States v. Roberts, 915 F.2d 889, 891 (4th Cir. 1990) (prosecuting under 18 U.S.C. § 115 (a)(1)(B)), cert. denied, 498 U.S. 1122 (1991).2 To prove interstate communication threats, "the government must establish that the defend…
cited
Cited "see"
United States v. Joseph Stewart
See United States v. Rhodes, 913 F.2d 839, 843 (10th Cir.1990), cert. denied, 498 U.S. 1122 (1991).
discussed
Cited "see"
United States v. Mohammad Ali Bastanipour
See United States v. Romo, 914 F.2d 889, 898-99 (7th Cir.1990), cert. denied, 498 U.S. 1122 , 111 S.Ct. 1078 , 112 L.Ed.2d 1183 (1991) (defendant not entitled to discovery material under Brady where there was not even a “hint” that impeaching evidence was contained therein or where he made no showing by affidavits or otherwise that any evidence was suppressed by the government).
cited
Cited "see"
United States v. Ralph R. Ross
See United States v. Ross, 917 F.2d 997 (7th Cir.1990), cert. denied, 498 U.S. 1122 , 111 S.Ct. 1078 , 112 L.Ed.2d 1183 (1991).
cited
Cited "see"
United States v. James Murphy, Jr.
See United States v. Ross, 917 F.2d 997, 1000 (7th Cir.1990), cert. denied, 498 U.S. 1122 (1991); United States v. Taylor, 728 F.2d 864, 868 (7th Cir.1984).
discussed
Cited "see"
United States v. Ralph R. Ross
(2×)
See United States v. Ross, 917 F.2d 997, 998 (7th Cir.1990) (per curiam), cert. denied, 498 U.S. 1122 , 111 S.Ct. 1078 , 112 L.Ed.2d 1183 (1991).
cited
Cited "see"
United States v. David F. Schulte
See United States v. Romo, 914 F.2d 889, 894 (7th Cir.1990), cert. denied, 498 U.S. 1122 , 111 S.Ct. 1078 , 112 L.Ed.2d 1183 (1991); Douglas, 818 F.2d at 1320-21 .
discussed
Cited "see"
United States v. Behroz Bagheri, A/K/A Ben Bagheri
See United States v. Roberts, 915 F.2d 889, 891 (4th Cir.1990) (holding that, in a denial of equal protection claim, plaintiff must show that “similarly situated persons are subject to disparate treatment, and that this disparate treatment has no rational basis”), cert. denied, 498 U.S. 1122 , 111 S.Ct. 1079 , 112 L.Ed.2d 1184 (1991).
discussed
Cited "see, e.g."
United States v. Moon
DeFusco, 949 F.2d at 118 ; see also United States v. Rhodes, 913 F.2d 839, 843 (10th Cir.1990)(court not required to inform defendant of sentencing range prior to accepting guilty plea), cert. denied, 498 U.S. 1122 , 111 S.Ct. 1079 , 112 L.Ed.2d 1184 (1991); United States v. Thomas, 894 F.2d 996, 997 (8th Cir.)(same), cert. denied, 495 U.S. 909, 110 S.Ct. 1935 , 109 L.Ed.2d 298 (1990); United States v. Fernandez, 877 F.2d 1138, 1143 (2d Cir.1989)(same).
discussed
Cited "see, e.g."
United States v. Peter Saunders
See United States v. Schneider, 910 F.2d 1569, 1570 (7th Cir.1990); see also United States v. Roberts, 915 F.2d 889, 891 (4th Cir.1990), cert. denied, 498 U.S. 1122 , 111 S.Ct. 1079 , 112 L.Ed.2d 1184 (1991).
discussed
Cited "see, e.g."
United States v. Stevenson
The Ninth Circuit has stated that the “only intent requirement is that the defendant intentionally or knowingly communicates his threat, not that he intended or was able to carry out his threat.” United States v. Orozco-Santillan, 903 F.2d 1262, 1265 (9th Cir.1990); see also United States v. Roberts, 915 F.2d 889, 890 (4th Cir.1990), cert. denied, 498 U.S. 1122 , 111 S.Ct. 1079 , 112 L.Ed.2d 1184 (1991).
discussed
Cited "see, e.g."
State v. Fixel
See, e.g., United States v. Roberts, 915 F.2d 889, 890 (4th Cir.1990) (stating that under section 115(a)(1)(B) government need not prove defendant’s intention or present ability to actually carry out threat), cert. denied, 498 U.S. 1122 , 111 S.Ct. 1079 , 112 L.Ed.2d 1184 (1991); United States v. Orozco-Santillan, 903 F.2d 1262 , 1265 n. 3 (9th Cir.1990) (holding intent requirement in section 115(a)(1)(B) is only that defendant intentionally or knowingly communicated threat, not that he intended to or was able to cariy out threat). 6 .Although defendant tries to make much of the prosecutor�…
discussed
Cited "see, e.g."
United States v. David Warden, Also Known as Doc
We therefore review for an abuse of discretion the district court's denial of Mr. Warden's motion to withdraw his guilty plea, "and we will not reverse absent a showing that the district court acted unjustly or unfairly." Id.; see also United States v. Rhodes, 913 F.2d 839, 845 (10th Cir.1990), cert. denied, 498 U.S. 1122 (1991). 11 We utilize seven factors in determining whether a defendant has established a "fair and just" reason for being permitted to withdraw a guilty plea: (1) the defendant's assertion of innocence; (2) prejudice to the government if the withdrawal is permitted; (3) any d…
cited
Cited "see, e.g."
Randy Wayne Thomas v. Dareld Kerby Attorney General of the State of New Mexico
See, e.g., United States v. Rhodes, 913 F.2d 839, 843 (10th Cir.1990), cert. denied, 498 U.S. 1122 , 111 S.Ct. 1079 , 112 L.Ed.2d 1184 (1991); Wellnitz v. Page, 420 F.2d 935, 936-37 (10th Cir.1970).
discussed
Cited "see, e.g."
United States v. Allen Young
See also United States v. Romo, 914 F.2d 889, 898 (7th Cir.1990), cert. denied, 498 U.S. 1122 , 111 S.Ct. 1078 , 112 L.Ed.2d 1183 (1991) (reiterating that prosecutors are not usually required to seek out information not in their possession).
Retrieving the full opinion text from the archive…
Henderson
v.
Lockhart, Director, Arkansas Department of Correction
v.
Lockhart, Director, Arkansas Department of Correction
No. 90-6190.
Supreme Court of the United States.
Feb 25, 1991.
Published
Citer courts: E.D. New York (1)
C. A. 8th Cir. Certiorari denied.