green
Positive treatment
3.6 score
Treatment trajectory · 2002 → 2026 · click a year to view as-of
2002
2014
2026
Top citers, strongest first. 5 distinct citers.
How cited ↗
discussed
Cited "see"
Whitlatch v. Senkowski
In deciding whether a penalty is grossly disproportionate to the offense, the Supreme Court has indicated that a court should consider “(i) the gravity of the offense and the harshness of the penalty; (ii) the sentences imposed on other criminals in the same jurisdiction; and (iii) the sentences imposed for commission of the same crime in other jurisdictions.” Solem, 463 U.S. at 292 , 103 S.Ct. 3001 ; accord United States v. Bennett, 252 F.3d 559, 567 (2d Cir.2001), cert. denied, 535 U.S. 932 , 122 S.Ct. 1307 , 152 L.Ed.2d 217 (2002).
discussed
Cited "see"
John Charles Middleton v. J.E. McDonald Clinton County Sheriff's Department
See Kellogg v. Strack, 269 F.3d 100, 104 (2d Cir.2001) (holding that a 26-month delay was “a period of time which constitutes a patently unreasonable delay absent mitigating circumstances”), cert. denied, 535 U.S. 932 , 122 S.Ct. 1306 , 152 L.Ed.2d 216 (2002); Watkins, 169 F.3d at 544 (expressing “considerable trepidation” about whether a 17-month delay was reasonable, but ultimately finding that the issue was not properly before the court); Nucor Corp. v. Neb.
discussed
Cited "see"
John Middleton v. J.E. McDonald
See Kellogg v. Strack, 269 F.3d 100, 104 (2d Cir. 2001) (holding that a 26-month delay was “a period of time which constitutes a patently unreasonable delay absent mitigating circumstances”), cert. denied, 535 U.S. 932 (2002); Watkins, 169 F.3d at 544 (expressing “considerable trepidation” about whether a 17-month delay was reasonable, but ultimately finding that the issue was not properly before the court); Nucor Corp. v. Neb.
discussed
Cited "see"
Aurelio O. Gonzalez v. Secretary for the Department of Corrections, Michael W. Moore, Secretary
See Kellogg v. Strack, 269 F.3d 100, 103 (2d Cir.2001), cert. denied, 535 U.S. 932 , 122 S.Ct. 1306 , 152 L.Ed.2d 216 (2002); Rutledge v. United States, 230 F.3d 1041, 1046-47 (7th Cir.2000), cert. denied, 531 U.S. 1199 , 121 S.Ct. 1207 , 149 L.Ed.2d 120 (2001); Morris v. Horn, 187 F.3d 333, 336 (3d Cir.1999); Langford v. Day, 134 F.3d 1381, 1382 (9th Cir.1998); Zeitvogel v. Bowersox, 103 F.3d 56, 57 (8th Cir.1996).
discussed
Cited "see"
Pressley v. Bennett
(2×)
Id. at 366-68; see United States v. Bennett, 252 F.3d 559, 567 (2d Cir.2001), cert. denied, 535 U.S. 932 , 122 S.Ct. 1307 , 152 L.Ed.2d 217 (2002) (“[i]n assessing the constitutionality of a sentence under the Eighth Amendment, the court must assess the gravity of the offense and the harshness of the penalty, the sentences imposed on other criminals in the same jurisdiction, and the sentences imposed for commission of the same crime in other jurisdictions”).
Retrieving the full opinion text from the archive…
Eqbal
v.
United States
v.
United States
01-1203.
Supreme Court of the United States.
Mar 18, 2002.
Published
EQBAL ET AL.
v.
UNITED STATES.
No. 01-1203.
Supreme Court of the United States.
March 18, 2002.
1
C. A. 9th Cir. Certiorari denied. Reported below: 27 Fed. Appx. 728.