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Positive treatment
10.4 score
Treatment trajectory · 1997 → 2026 · click a year to view as-of
1997
2011
2026
Top citers, strongest first. 11 distinct citers.
How cited ↗
discussed
Cited "see"
Commonwealth v. Herman
Accord United States v. McKinney, 79 F.3d 105, 108 (8th Cir. 1996) (rejecting a claim that the federal Analogue Act’s use of “substantially similar” was vague, and explaining that “a reasonable layperson could ... have'examined a chemical chart and intelligently decided for himself or herself, by comparing their chemical diagrams, whether the chemical structures of the two substances were substantially similar”), judgment vacated on other grounds, 520 U.S. 1226 , 117 S.Ct. 1816 , 137 L.Ed.2d 1025 (1997).
discussed
Cited "see"
Commonwealth, Aplt. v. Herman, J.
Accord United States v. McKinney, 79 F.3d 105, 108 (8th Cir. 1996) (rejecting a claim that the federal Analogue Act’s use of “substantially similar” was vague, and explaining that “a reasonable layperson could ... have examined a chemical chart and intelligently decided for himself or herself, by comparing their chemical diagrams, whether the chemical structures of the two substances were substantially similar”), judgment vacated on other grounds, 520 U.S. 1226 , 117 S.Ct. 1816 , 137 L.Ed.2d 1025 (1997).
discussed
Cited "see"
United States v. Alexander Michael Roy
(2×)
See United States v. Keys, 95 F.3d 874, 883 (9th Cir. 1996) (Kleinfeld, J., dissenting) (“What really hurts the reputation of judicial proceedings is vacating a criminal conviction because of what laymen properly call a technicality, that is, a technical defect which made no practical difference in the particular case.”) (quotation marks omitted), vacated, 520 U.S. 1226 , 117 S.Ct. 1816 (1997).
discussed
Cited "see"
United States v. Alexander Michael Roy
See United States v. Keys, 95 F.3d 874, 883 (9th Cir. 1996) (Kleinfeld, J., dissenting) (“What really hurts the reputation of judicial proceedings is vacating a criminal conviction because of what laymen properly call a technicality, that is, a technical defect which made no practical difference in the particular case.”) (quotation marks omitted), vacated, 520 U.S. 1226 , 117 S.Ct. 1816 (1997).
discussed
Cited "see"
United States v. Alexander Michael Roy
See United States v. Keys, 95 F.3d 874, 883 (9th Cir. 1996) (Kleinfeld, J., dissenting) (“What really hurts the reputation of judicial proceedings is vacating a criminal conviction because of what laymen properly call a technicality, that is, a technical defect which made no practical difference in the particular case.”) (quotation marks omitted), vacated, 520 U.S. 1226 , 117 S.Ct. 1816 (1997).
discussed
Cited "see"
United States v. Ulises Ariel Lopez, United States of America v. Israel Gonzales-Lara
(2×)
See United States v. McKinney, 79 F.3d 105 (8th Cir.1996), vacated by, McKinney v. United States, 520 U.S. 1226 , 117 S.Ct. 1816 , 137 L.Ed.2d 1025 (1997) (reversing the Eighth Circuit's holding that the Supreme Court's decision in Bailey did not apply to a pending appeal); Johnson v. United States, 520 U.S. 461 , 117 S.Ct. 1544 , 137 L.Ed.2d 718 (1997) (holding that the court of appeals ought to engage in plain error review with respect to legal principles not recognized at the time of the relevant trial, but recognized before the appeal was decided); see also Schriro v. Summerlin, ___ U.S. _…
discussed
Cited "see"
United States v. Ulises Lopez
See United States v. McKinney, 79 F.3d 105 (8th Cir. 1996), vacated by, McKinney v. United States, 520 U.S. 1226 (1997) (reversing the Eighth Circuit’s holding that the Supreme Court’s decision in Bailey did not apply to a pending appeal); Johnson v. United States, 520 U.S. 461 (1997) (holding that the court of appeals ought to engage in plain error review with respect to legal principles not recognized at the time of the relevant trial, but recognized before the appeal was decided); see also Schriro v. Summerlin, ___ U.S. ___, 124 S.Ct. 2519, 2522 (2004) (stating “[w]hen a decision of t…
cited
Cited "see"
United States v. Klecker
See United States v. McKinney, 79 F.3d 105, 108 (8th Cir. 1996), vacated on other grounds, 520 U.S. 1226 (1997).
cited
Cited "see"
United States v. Richard Lester Klecker
See United States v. McKinney, 79 F.3d 105, 108 (8th Cir.1996), vacated on other grounds, 520 U.S. 1226 , 117 S.Ct. 1816 , 137 L.Ed.2d 1025 (1997).
discussed
Cited "see"
United States v. Samaniego-Correa
See United States v. Keys, 67 F.3d 801, 812 (9th Cir. 1995) rev’d en banc, 95 F.3d 874 (9th Cir.1996), rev’d, 520 U.S. 1226 , 117 S.Ct. 1816 , 137 L.Ed.2d 1025 (1997), reinstated in relevant part, 143 F.3d 479 , 480 (9th Cir. 1998). .
discussed
Cited "see, e.g."
United States v. Ingram
In United States v. Simmons, 964 F.2d 763 (8th Cir.1992), the appellate court held that, where the defendant failed to challenge the district court’s drug quantity determination on appeal, the appellate court could review only the issues specifically raised in the defendant’s brief, because “[i]ssues not raised on appeal are waived under Rule 4[sic] of the Federal Rules of Appellate Procedure, which requires the inclusion of a statement of the issues in the appellate brief.” Simmons, 964 F.2d at 777 (citing Gramegna v. Johnson, 846 F.2d 675 (11th Cir.1988), which explains that “[t]hi…
Retrieving the full opinion text from the archive…
Lewis
v.
United States
v.
United States
No. 96-7151.
Supreme Court of the United States.
May 13, 1997.
520 U.S. 1226
Published
C. A. 5th Cir. [Cer-tiorari granted, ante, p. 1209.] The order granting the petition for writ of certiorari is amended to read: Motion of petitioner for leave to proceed in forma pauperis granted. Certiorari granted limited to the following question: “Whether petitioner was properly charged and convicted for the murder of her four-year-old stepdaughter under the Assimilative Crimes Statute, 18 U. S. C. § 13, and the Louisiana child murder statute, La. Rev. Stat. Ann. § 14:30(A)(5) (West 1986), and if not, whether the sentence was proper?”