a fortiori in a sentence

2391 results for a fortiori in a sentence

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  • __ U.S. __, 15-1204, Jennings v. Rodriguez

    After a 2004 conviction, Rodriguez, a Mexican citizen and a lawful U.S. permanent resident, was detained under 8 U.S.C. 1226 while the government sought his removal. In 2007, Rodriguez sought habeas relief, claiming that he was entitled to a bond hearing to determine whether his continued detention was justified, alleging that 8 U.S.C. 1225(b), 1226(a), and 1226(c) do not authorize “prolonged”...

    ... the dissent, choose not to go beyond what the sentence. actually says. And Waldman says nothing about how. the word ... proper to grant bail"). That rationale applies a. fortiori to a refusal to hold any bail hearing at all. Thus, it is not ...

  • 873 F.3d 388 (1st Cir. 2017), 16-2483, Hunter v. United States

    The First Circuit affirmed the district court’s denial of Appellant’s motion to vacate his consecutive sentence, holding that Appellant’s appeal from the district court’s ruling was foreclosed by the First Circuit’s recent decision in United States v. Ellison, 866 F.3d 32 (1st Cir. 2017). Appellant was convicted of federal armed bank robbery, conspiracy, and possession of a firearm by a felon,...

    ... for which he received a 210-month prison sentence, and was. also convicted of use of a firearm during a " crime of. ... that federal bank robbery, and a fortiori federal armed bank. robbery, are crimes of violence under the force ...

  • 537 F.3d 204 (2nd Cir. 2008), 06-4124, United States v. Doe

    ... range of life imprisonment but carried a total maximum statutory sentence capped at forty-five years, which the defendant acknowledged in the plea ...“Where the motion argues that the plea was not voluntary, a fortiori the court must focus on voluntariness." United States v. Rosen, 409 F.3d ...

  • 492 U.S. 361 (1989), 87-5765, Stanford v. Kentucky

    ...Petitioner was convicted and sentenced to death. The State Supreme Court affirmed the death sentence, rejecting ...constitutionally problematic." 487 U.S. at 857. This is true, a fortiori, in the case of Kentucky, which has specified 16 as the minimum age for ...

  • 553 U.S. 723 (2008), 06-1195, Boumediene v. Bush

    ... corpus action, even though he had not yet begun to serve his sentence).          There are exceptions, of course. Title I of the ..., but to show that the case before the Court represented an a fortiori application of the ordinary rule. That is reaffirmed by the sentences ...

  • __ U.S. __ (2016), 14-280, Montgomery v. Louisiana

    Montgomery was 17 years old in 1963, when he killed a deputy in Louisiana. The jury returned a verdict of “guilty without capital punishment,” which carried an automatic sentence of life without parole. Nearly 50 years later, the Supreme Court decided, in Miller v. Alabama, that mandatory life without parole for juvenile offenders violates the Eighth Amendment’s prohibition on cruel and unusual...

    ... sentence of life without parole. Nearly 50 years after. Montgomery was taken ... determinations to no review whatever, it could a. fortiori subject them to review which consists of a. nonadversarial ...

  • 478 U.S. 501 (1986), 84-1999, Local Number 93, International Association of Firefighters, AFL-CIO, C.L.C.

    ...No such contrary indication is provided by § 706(g)'s last sentence, which precludes a district court from entering an order requiring the ... may not dispose of the claims of a third party, and, a fortiori, may not impose duties or obligations on a third party, without that ...

  • 580 F.2d 1339 (9th Cir. 1978), 74-2429, Farrow v. United States

    ... appeals from the district court's determination upholding his sentence for jumping bail and failing to pay the special tax on 119 pounds of ... be the same, a hearing into the validity of the priors is A fortiori not required. In such a case the judge does not supplement the written ...

  • 375 F.3d 1287 (11th Cir. 2004), 04-13244, In re Dean

    ... a Second or Successive Motion to Vacate, Set Aside, or Correct Sentence, 28 U.S.C. §§ 2255, 2244(b)(3)(A).         Before ANDERSON, ...) (recognizing the Court's holding in Summerlin "that Ring (and a fortiori Apprendi) does not apply retroactively on habeas review"); see also McCoy ...

  • 67 F.3d 34 (2nd Cir. 1995), 1637, United States v. Pipitone

    ...Sec. 2255 to reduce a previously imposed sentence of sixty-three months by three months so that Gallina would be eligible ...United States, 968 F.2d 187, 190 (2d Cir.1992)). A fortiori, such a showing must be made when there is a complete failure to take a ...

  • 872 F.2d 597 (5th Cir. 1989), 88-1624, United States v. Roberson

    ...         Roberson objected to the pre-sentence report which the magistrate used as the basis for computing his sentence ... prosecutors with their unauthorized acts, a state prosecutor a fortiori should not be able to do so.         Roberson further asserts ...

  • 426 F.3d 339 (6th Cir. 2005), 01-3875, Lopez v. Wilson

    ...He was sentenced to three concurrent sentences of life imprisonment for the rape ... a discretionary appeal on direct review of his conviction, a fortiori, he has no such right when attacking a conviction that has long since ...

  • 811 F.2d 210 (3rd Cir. 1987), 86-1083, United States v. Hawkins

    ... . under 18 U.S.C. app. Sec. 1202(a)(1) and sentenced to a mandatory prison term of fifteen years because he had three prior ...452, 467, 52 S.Ct. 420, 424, 76 L.Ed. 877 (1932). A fortiori, where the "offense" supporting the search is not only minor, but wholly ...

  • 475 U.S. 237 (1986), 84-1636, Morris v. Mathews

    ...1 Respondent pleaded guilty on May 17, and was sentenced" [106 S.Ct. 1035] to a term of incarceration of from 7 to 25 years.    \xC2"... of aggravated murder, but found him guilty of that charge and, a fortiori, of the lesser offense of murder as well. .         Benton v. ...

  • 17 F.3d 1334 (10th Cir. 1994), 92-3197, United States v. Phelps

    ...sentence imposed by the district court pursuant to Sec. 924(e) of the Armed Career ..., but merely enhances the level of punishment, it follows a fortiori that the prosecution is not required to prove that a defendant committed ...

  • 594 F.2d 170 (7th Cir. 1979), 78-2051, Rodriguez v. United States Parole Commission

    ... of an administrative regulation that denies a prisoner sentenced under 18 U.S.C. § 4205(b)(2) any meaningful consideration for parole. The ... board which made the ultimate decision on release, it follows A fortiori that deprivation of all opportunity to be released on parole also comes ...

  • 514 U.S. 695 (1995), 94-172, Hubbard v. United States

    ... provided the basis for a criminal conviction and prison sentence under the federal false statement statute, 18 U.S.C. § 1001. The question ... a court's refusal to reconsider its own decisions, it applies  a fortiori  to enjoin lower courts to follow the decision of a higher court. This ...

  • 356 F.3d 1 (1st Cir. 2003), 01-1619, United States v. Soto-Beniquez

    ... of the eleven defendants who appeal, eight of whom received life sentences" and three of whom received sentences of more than twenty years.      \xC2"...Such a finding "demonstrates a fortiori that there was probable cause to charge the defendants with the offenses ...

  • 553 F.3d 1193 (9th Cir. 2008), 06-16421, Espinosa v. United Student Aid Funds, Inc.

    ...          Page 14031, Line 32. After the sentence ending with " persuasive," insert: " Rather, we agree with Judge Lundin ...220, 225, 126 S.Ct. 1708, 164 L.Ed.2d 415 (2006), it follows a fortiori that actual notice satisfies due process. We find the argument that the ...

  • 97 U.S. 509 (1879), Coleman v. State Of Tenn.

    ..., 1865, tried and convicted of the offence by that tribunal, and sentenced to death by hanging, and that said sentence is still standing as the ... would thus be exempt from its civil and criminal jurisdiction, a fortiori would an army invading an enemy's country be exempt.  The fact that war ...

  • 682 F.3d 880 (10th Cir. 2012), 10-6062, Black v. Workman

    ...On the recommendation of the jury, Defendant received a death sentence on the first-degree murder conviction.           After ... at 1398, and indicated that the same is true, a fortiori, to review under § 2254(d)(2), which explicitly states that the ...

  • 322 F.3d 443 (7th Cir. 2003), 02-2010, United States v. Rezin

    ...§ 2252(a)(4)(B), and was sentenced to 10 years in prison. He filed a notice of appeal but later dismissed it ...; and there is a tactical reason not to make weak arguments (and a fortiori frivolous ones, Evans v. Meyer, 742 F.2d 371, 374 (7th Cir.1984), which ...

  • 592 F.3d 78 (2nd Cir. 2010), 07-3903-cv, Kiobel v. Millson

    ...It is an a fortiori case. The power to impose a criminal conviction and a sentence of ...

  • 453 U.S. 210 (1981), 80-5, McCarty v. McCarty

    ...Thus, the conclusion that we reached in Hisquierdo follows a fortiori here: Congress has weighed the matter, and "[i]t is not the province of ... at 581. The reason for the omission of this seemingly critical sentence from the Court's opinion today is, of course, quite clear: the Court ...

  • 619 F.2d 167 (2nd Cir. 1980), 618, Sindona v. Grant

    ...If Gallina alone may not have required this much, it follows a fortiori" that there was no obligation to hold an evidentiary hearing.       \xC2"... the person sought is "being proceeded against or is serving a sentence in the territory of the requested Party for an offense other than that for ...