green
Positive treatment
Quoted verbatim 1×
8.1 score
“he guidelines recognize that a first offense may constitute a single act of truly aberrant behavior justifying a downward departure.”
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991
2008
2026
Top citers, strongest first. 29 distinct citers.
discussed
Cited as authority (quoted)
United States v. Joaquin Torres
he guidelines recognize that a first offense may constitute a single act of truly aberrant behavior justifying a downward departure.
cited
Cited as authority (rule)
Kachess Community Association v. US Department of the Interior
Co. 16 v. City of Los Angeles, 922 F.2d 498 , 502 (9th Cir. 1990), cert. denied, 502 U.S. 943 17 (1991); see also Fed.
discussed
Cited as authority (rule)
United States v. Gary Lee Morris
Finally, we find Morris’s claim that he did not knowingly enter his guilty plea fails, both because the plea transcript shows that Morris understood the charges against him, see United States v. Young, 927 F.2d 1060, 1063-64 (8th Cir.), cert. denied, 502 U.S. 943 (1991), and because a defendant’s claim that a plea was involuntary must be initially presented to the district court on a motion to withdraw a guilty plea, which Morris has not done, see id. at 1061.
discussed
Cited "see"
United States v. Miell
See United States v. Young, 927 F.2d 1060 , *981 1062 (8th Cir.) (holding that where defendant actually knew the statutory maximum and minimum sentences to which he was ■ subject, the district court’s violation of Rule 11 was harmless error), cert. denied, 502 U.S. 943 , 112 S.Ct. 384 , 116 L.Ed.2d 334 (1991); see also United States v. Johnson, 1 F.3d 296, 303 (5th Cir.1993) (finding harmless error where defendant knew of mandatory minimum despite the court’s failure to mention it during Rule 11 colloquy).
cited
Cited "see"
United States v. George D. Leisure
See United States v. Young, 927 F.2d 1060, 1061 (8th Cir.), cert. denied, 502 U.S. 943 , 112 S.Ct. 384 , 116 L.Ed.2d 334 (1991).
discussed
Cited "see"
Monsanto v. United States
See United States *277 v. Simmons, 923 F.2d 934, 952 (2d Cir.), cert. denied, 500 U.S. 919 , 111 S.Ct. 2018 , 114 L.Ed.2d 104 (1991), and cert. denied, 502 U.S. 943 , 112 S.Ct. 383 , 116 L.Ed.2d 334 (1991).
discussed
Cited "see"
Schulz v. Milne
See Southern Pacific Transportation Co. v. City of Los Angeles, 922 F.2d 498, 500 (1990), cert. denied, 502 U.S. 943 (1991) (remanding for district court to dismiss unripe takings case without prejudice). 6 * A. Ripeness, statutes of limitations, and regulatory takings 7 The Schulzes' claim that San Francisco's permitting process as applied to them created a regulatory taking faces two imposing ripeness hurdles.
discussed
Cited "see"
Able v. United States
(2×)
See United States v. Salerno, 481 U.S. 739, 745 , 107 S.Ct. 2095, 2100 , 95 L.Ed.2d 697 (1987). 11 In addition, because this is a challenge to the constitutionality of the Act, we are required to construe it "so as to avoid constitutional difficulties whenever possible." Harrison & Burrowes Bridge Constructors, Inc. v. Cuomo, 981 F.2d 50, 60 (2d Cir.1992); see United States v. Monsanto, 924 F.2d 1186, 1200 (2d Cir.), cert. denied, 502 U.S. 943 , 112 S.Ct. 382 , 116 L.Ed.2d 333 (1991).
discussed
Cited "see"
Able v. United States
(2×)
See United States v. Salerno, 481 U.S. 739, 745 , 107 S.Ct. 2095, 2100 , 95 L.Ed.2d 697 (1987). 11 In addi- lion, because this is a challenge to the constitutionality of the Act, we are required to construe it “so as to avoid constitutional difficulties whenever possible.” Harrison & Burrowes Bridge Constructors, Inc. v. Cuomo, 981 F.2d 50, 60 (2d Cir.1992); see United States v. Monsanto, 924 F.2d 1186, 1200 (2d Cir.), cert. denied, 502 U.S. 943 , 112 S.Ct. 382 , 116 L.Ed.2d 333 (1991).
discussed
Cited "see"
Sanitation and Recycling Industry, Inc. v. City of New York
See New York State Club Ass’n, 487 U.S. at 11 , 108 S.Ct. at 2233 , supra. Procedural due process generally requires “notice and an opportunity to be heard prior to the deprivation of a property interest.” United States v. Monsanto, 924 F.2d 1186, 1192 (2d Cir.1991), cert. denied, *419 502 U.S. 943 (1991).
discussed
Cited "see"
United States v. Francis Scott Ready
See United States v. Dickey, 924 F.2d 836, 839 (9th Cir.), cert. denied, 502 U.S. 943 (1991). 5 Ready contends that the district court ruled as a matter of law that it had no authority to make a downward departure, and thus that its decision is reviewable by this court.
discussed
Cited "see"
State v. Chambers
See Pollard v. State, 807 S.W.2d 498, 502 (Mo. banc), cert. denied, 502 U.S. 943 , 112 S.Ct. 383 , 116 L.Ed.2d 334 (1991); Luleff v. State, 807 S.W.2d 495, 498 (Mo. banc 1991); Sanders v. State, 807 S.W.2d 493, 495 (Mo. banc 1991).
discussed
Cited "see"
United States v. Kenneth Shoupe
(2×)
See United States v. Shoupe, 929 F.2d 116 (3d Cir.) (Shoupe I) (vacating and remanding for resentencing), cert. denied, — U.S.—, 112 S.Ct. 382 , 116 L.Ed.2d 333 (1991); Shoupe II, 988 F.2d 440 . 2 On June 8, 1990, Shoupe pled guilty to one count of distributing cocaine in violation of 21 U.S.C. § 841 (a)(1) (1988).
cited
Cited "see"
Roberts v. Commonwealth
Peterson v. Commonwealth, 5 Va. App. 389, 396 , 363 S.E.2d 440, 444 (1987); see Bolden v. Commonwealth, 11 Va. App. 187, 190-91 , 397 S.E.2d 534, 536 (1990), cert. denied, 502 U.S. 943 (1991).
cited
Cited "see"
United States v. Thomas L. Monaco
See United States v. Shoupe, 929 F.2d 116, 121 (3d Cir.), cert. denied, — U.S. -, 112 S.Ct. 382 , 116 L.Ed.2d 333 (1991); Headley, 923 F.2d at 1082-83 .
discussed
Cited "see"
United States v. Millan-Colon
See United States v. Monsanto, 852 F.2d 1400 (2d Cir.), cert. granted, 488 U.S. 941 , 109 S.Ct. 363 , 102 L.Ed.2d 353 (1988), rev'd, 491 U.S. 600 , 109 S.Ct. 2657 , 105 L.Ed.2d 512 (1989), on remand, 924 F.2d 1186 (2d Cir.), cert. denied, — U.S. —, 112 S.Ct. 382 , 116 L.Ed.2d 333 (1991).
cited
Cited "see"
National Labor Relations Board v. E.D.P. Medical Computer Systems, Inc.
See United States v. Monsanto, 924 F.2d 1186, 1192 (2d Cir.), cert. denied, - U.S. -, 112 S.Ct. 382 , 116 L.Ed.2d 333 (1991).
discussed
Cited "see"
Taylor Investment, Ltd. v. Upper Darby Township
See 970 F.2d at 159-60 (Williamson governed "as applied" challenge under due process clause) 16 We agree with the Court of Appeals for the Ninth Circuit that the flexibility inherent in local zoning systems "is obviously useless if the property owners abandon their applications after rejection by civil servants with narrow authority and before seeking relief from a body with broader powers." Southern Pacific v. City of Los Angeles, 922 F.2d 498 , 503 n. 5 (9th Cir.1990), cert. denied, --- U.S. ----, 112 S.Ct. 382 , 116 L.Ed.2d 333 (1991) 17 Under that scheme, the zoning officer determines whet…
cited
Cited "see"
United States v. Kenneth Shoupe
See United States v. Shoupe, 929 F.2d 116, 118-19 (3d Cir.) (Shoupe I) (vacating and remanding for resentencing), cert. denied, — U.S. -, 112 S.Ct. 382 , 116 L.Ed.2d 333 (1991).
cited
Cited "see"
United States v. Taveras
See United States v. Underwood, 932 F.2d 1049, 1052 (2d Cir.), cert. denied, — U.S. -, 112 S.Ct. 382 , 116 L.Ed.2d 333 (1991).
discussed
Cited "see"
Richardson v. City and County of Honolulu
See United States v. Reynolds, 397 U.S. 14, 16 , 90 S.Ct. 803, 805 , 25 L.Ed.2d 12 (1970). 25 Any arguments as to the proper manner of calculating current fair market value and the appropriate factors to be considered are premature in this facial challenge at this point in time. 26 Southern Pacific v. City of Los Angeles, 922 F.2d 498 , 505-07 (9th Cir.1990) (facial takings challenge alleging denial of just compensation is not ripe unless the plaintiff has sought compensation through the available procedures), cert. denied, — U.S. -, 112 S.Ct. 382 , 116 L.Ed.2d 333 (1991); see also Richardso…
discussed
Cited "see"
United States v. Will Higgins, A/K/A \Willie
See United States v. Shoupe, 929 F.2d 116, 121 (3d Cir.) (family responsibilities not extraordinary where defendant paid child support for son, talked *846 to and visited with son and was a “good father”), cert, denied, — U.S. -, 112 S.Ct. 382 , 116 L.Ed.2d 333 (1991).
discussed
Cited "see, e.g."
United States v. Acord
(2×)
See, e.g., United States v. Monsanto, 924 F.2d 1186, 1192-93 (2d Cir.) (en banc) (upholding post-indictment ex parte restraining order is *1342 sued under § 853(e)(1)(A)), cert, denied, 502 U.S. 943 , 112 S.Ct. 382 , 116 L.Ed.2d 333 (1991).
discussed
Cited "see, e.g."
Hawaii Newspaper Agency v. Bronster
(2×)
Nevertheless, it is our duty to consider sua sponte whether the preemption issue is ripe, because “[t]he question of ripeness goes to our subject matter jurisdiction to. hear the case.” Shelter Creek Development Corp. v. City of Oxnard, 838 F.2d 375, 377 (9th Cir.), cert. denied, 488 U.S. 851 , 109 S.Ct. 134 , 102 L.Ed.2d. 106 (1988); see also Southern Pacific v. City of Los Angeles, 922 F.2d 498 , 502 (9th Cir.1990), cert. denied, 502 U.S. 943 , 112 S.Ct. 382 , 116 L.Ed.2d 333 (1991) (holding that the ripeness- issue “may be raised sua sponte if not raised by the parties”).
discussed
Cited "see, e.g."
Hawaii Newspaper Agency v. Bronster
(2×)
Nevertheless, it is our duty to consider sua sponte whether the preemption issue is ripe, because "[t]he question of ripeness goes to our subject matter jurisdiction to hear the case." Shelter Creek Development Corp. v. City of Oxnard, 838 F.2d 375, 377 (9th Cir.), cert. denied, 488 U.S. 851 , 109 S.Ct. 134 , 102 L.Ed.2d 106 (1988); see also Southern Pacific v. City of Los Angeles, 922 F.2d 498 , 502 (9th Cir.1990), cert. denied, 502 U.S. 943 , 112 S.Ct. 382 , 116 L.Ed.2d 333 (1991) (holding that the ripeness issue "may be raised sua sponte if not raised by the parties").
discussed
Cited "see, e.g."
J. Barahona-Paredes v. United States
P. 11(h) (any variance from procedures required by Rule 11 not affecting substantial rights shall be disregarded); see also United States v. Young, 927 F.2d 1060, 1062 (8th Cir.) (applying Rule 11(h) to Rule 11(c)(1) violation), cert. denied, 502 U.S. 943 (1991).
discussed
Cited "see, e.g."
Jose Leon Barahona-Paredes v. United States
See Fed.R.Crim.P. 11(h) (any variance from procedures required by Rule 11 not affecting substantial rights shall be disregarded); see also United States v. Young, 927 F.2d 1060, 1062 (8th Cir.) (applying Rule 11(h) to Rule 11(c)(1) violation), cert. denied, 502 U.S. 943 (1991). 4 As to his supervised-release claim, Barahona was advised that he was subject to a statutory maximum term of life imprisonment.
discussed
Cited "see, e.g."
Boulder City v. Cinnamon Hills Associates
Village of Belle Terre v. Boraas, 416 U.S. 1, 7-8 (1973); see also Southern Pacific v. City of Los Angeles, 922 F.2d 498 , 507 (9th Cir. 1990), cert. denied, 502 U.S. 943 , 112 S. Ct. 382 (1991); Eide v. Sarasota County, 908 F.2d 716, 722 (11th Cir. 1990); Carpenter v. Tahoe Regional Planning Agency, 804 F.Supp. 1316, 1329 (D.
discussed
Cited "see, e.g."
United States of America, Appellee-Cross-Appellant v. Harvey Myerson, Defendant-Appellant-Cross-Appellee
A “reasonable probability” is a probability sufficient to undermine confidence in the outcome.’ ” Salerno, 937 F.2d at 808 (quoting United States v. Bagley, 473 U.S. 667, 682 , 105 S.Ct. 3375, 3383 , 87 L.Ed.2d 481 (1985) (opinion of Blackmun, J.)); see also United States v. *162 Underwood, 932 F.2d 1049, 1052 (2d Cir.), cert. denied, — U.S. -, 112 S.Ct. 382 , 116 L.Ed.2d 333 (1991).
Southern Pacific Transportation Co.
v.
City of Los Angeles
v.
City of Los Angeles
No. 91-584.
Supreme Court of the United States.
Nov 4, 1991.
Cited by 120 opinions | Published
Citer courts: Ninth Circuit (1)
C. A. 9th Cir. Certiorari denied.