Johnson v. Gudmanson, 522 U.S. 855 (1997). · Go Syfert
Johnson v. Gudmanson, 522 U.S. 855 (1997). Cases Citing This Book View Copy Cite
13 citation events (13 in the last 25 years) across 2 distinct courts.
Strongest positive: United States v. Paul Winestock, Jr. (ca4, 2003-04-25)
Top citers, strongest first. 6 distinct citers. How cited ↗
cited Cited "see" United States v. Paul Winestock, Jr.
4th Cir. · 2003 · signal: see · confidence high
See United, States v. Winestock, 110 F.3d 62 (4th Cir.) (per curiam) (unpublished table decision), cert. denied, 522 U.S. 855 , 118 S.Ct. 151 , 139 L.Ed.2d 97 (1997).
cited Cited "see" United States v. Winestock
4th Cir. · 2003 · signal: see · confidence high
See United States v. Winestock, 110 F.3d 62 (4th Cir.) (per curiam) (unpublished table decision), cert. denied, 522 U.S. 855 (1997).
discussed Cited "see, e.g." United States v. William E. Dunlap
8th Cir. · 2006 · signal: see also · confidence low
But where a court of appeals vacates a sentence or reverses a finding related to sentencing and remands the case for resentencing without placing any limitations on the district court, the court "can hear any relevant evidence on that issue that it could have heard at the first hearing." United States v. Cornelius, 968 F.2d 703,705 (8th Cir. 1992) (internal citations and parentheticals omitted); see also United States v. Behler, 100 F.3d 632, 635 (8th Cir. 1996), cert. denied, 522 U.S. 855 (1997); United States v. Kang, 197 F.3d 927, 928 (8th Cir. 1999) (per curiam); United States v. Curtis, 3…
discussed Cited "see, e.g." United States v. William E. Dunlap
8th Cir. · 2006 · signal: see also · confidence low
But where a court of appeals vacates a sentence or reverses a finding related to sentencing and remands the case for resen- *750 tencing without placing any limitations on the district court, the court “can hear any relevant evidence on that issue that it could have heard at the first hearing.” United States v. Cornelius, 968 F.2d 703, 705 (8th Cir.1992) (internal citations and parentheticals omitted); see also United States v. Behler, 100 F.3d 632, 635 (8th Cir.1996), cert. denied, 522 U.S. 855 , 118 S.Ct. 152 , 139 L.Ed.2d 98 (1997); United States v. Kang, 197 F.3d 927, 928 (8th Cir.1999…
discussed Cited "see, e.g." United States v. Cordell Ray Simms
8th Cir. · 2002 · signal: see also · confidence low
It is true that in United States v. Cabbell, 35 F.3d 1255, 1260 (8th Cir.1994) (Cabbell), this court reversed an obstruction of justice enhancement because “the district court did not evaluate [the defendant’s] testimony in a light most favorable to him as required by section 3C1.1, application note 1.” 3 Howev *1102 er, we note that, effective November 1, 1997, “an amendment to [§ 3C1.1] ... removed the ‘ “most favorable” language and advised courts simply to “be cognizant that inaccurate testimony or statement may result from confusion, mistake, or faulty memory, and thus no…
discussed Cited "see, e.g." United States v. Cordell Ray Simms
8th Cir. · 2002 · signal: see also · confidence low
It is true that in United States v. Cabbell, 35 F.3d 1255, 1260 (8th Cir. 1994) (Cabbell), this court reversed an obstruction of justice enhancement because "the district court did not evaluate [the defendant's] testimony in a light most favorable to him as required by section 3C1.1, application note 1."3 However, we note that, effective November 1, 1997, "an amendment to [§ 3C1.1] . . . removed the "'most favorable' language and advised courts simply to 'be cognizant that inaccurate testimony or statement may result from confusion, mistake, or faulty memory, and thus not all testimony or sta…
Retrieving the full opinion text from the archive…
Johnson
v.
Gudmanson, Warden
No. 96-9537.
Supreme Court of the United States.
Oct 6, 1997.
522 U.S. 855
Published

C. A. 7th Cir. Certiorari denied.