green
Positive treatment
2.9 score
Top citers, strongest first. 6 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. Gary Ivan Garrett
See United States v. Day, 998 F.2d 622, 626 (8th Cir. 1993) (“sentencing hearings demand much less specialized knowledge than trials” for pro se litigant), cert. denied, 511 U.S. 1130 (1994).
discussed
Cited "see"
United States v. Conner
See Schneckloth, 412 U.S. at 228 , 93 S.Ct. at 2048 (“no matter how subtly the coercion Was applied, the resulting ‘consent’ would be no more than a pretext for the unjustified police intrusion against which the Fourth Amendment is directed.”); Heath, 58 F.3d at 1275-76 (consent cannot be the product of coercion); accord United States v. Wilson, 11 F.3d 346, 351 (2d Cir.1993) (“Consent must be a product of [the] individual’s free and unconstrained choice, rather than a mere acquiescence to a show of authority.”), cert. denied, 511 U.S. 1130 , 114 S.Ct. 2142 , 128 L.Ed.2d 870 (199…
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).
cited
Cited "see, e.g."
United States v. Darrell T. Kind
Compare United States v. Day, 998 F.2d 622, 626-27 (8th Cir. 1993), cert. denied, 511 U.S. 1130 (1994).
Retrieving the full opinion text from the archive…
Smith
v.
United States
v.
United States
No. 93-7936.
Supreme Court of the United States.
May 31, 1994.
Published
C. A. 3d Cir. Certiorari denied.