a fortiori in a sentence

2386 results for a fortiori in a sentence

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

    ... for which he received a 210-month prison sentence, and was. also convicted of use of a firearm during a " crime of. violence," for which ...In light of our decision in Ellison, we hold. that federal bank robbery, and a fortiori federal armed bank. robbery, are crimes of violence under the force clause of. § ...

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

    ... without capital punishment," which carried an automatic. sentence of life without parole. Nearly 50 years after. Montgomery was taken into custody, this Court .... subject its trial-court. determinations to no review whatever, it could a. fortiori subject them to review which consists of a. nonadversarial reexamination of convictions by a ...

  • 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 hiring or promotion of an ... litigation through settlement 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 party's agreement. A court's ...

  • 530 U.S. 466 (2000), 99-478, Apprendi v. New Jersey

    ...The count did not refer to the State's hate crime statute, which provides for an enhanced sentence if a trial judge finds, by a preponderance of the evidence, that the defendant committed the crime ... submission to a jury of a factual matter that increases a statutory maximum apply a fortiori to any matter that would increase a statutory minimum. See ante, at 521-522 (concurring ...

  • 567 U.S. 460 (U.S. 2012), 10-9646, Miller v. Alabama

    ...2457] In each of these cases, a. 14-year-old was convicted of murder and sentenced to a. mandatory term of life imprisonment without the possibility. of parole. In No. ... . . Page 492. . . parole a fortiori. See ante, at 475-476,. 183 L.Ed.2d, at 421-422. Indeed, even juveniles who meet the. ...

  • 501 U.S. 957 (1991), 89-7272, Harmelin v. Michigan

    ... was convicted under Michigan law of possessing more than 650 grams of cocaine and sentenced to a mandatory term of life in prison without possibility of parole. The State Court of Appeals ... stern disapproval an act that other States punish with the mildest of sanctions follows a fortiori from the undoubted [111 S.Ct. 2699] fact that a State may criminalize an act that other States do ...

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

    ...Goldberg, ante at 64-65. 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 state courts to strike a ....          Id. 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 cannot, even to its ...

  • __ U.S. __ (2016), 14-8349, Foster v. Chatman

    ... L.Ed.2d 4] Petitioner Timothy Foster was convicted of capital. murder and sentenced to death in a Georgia court. During jury. selection at his trial, the State used peremptory ...National Tea Co., 309 U.S. 551, 555, 60 S.Ct. 676, 84 L.Ed. 920 (1940)). A. fortiori, when a State's highest court has denied. relief without any explanation, the proper course ...

  • 559 U.S. 460 (2010), 08-769, United States v. Stevens

    ... Id. , at 71a–75a. The jury convicted Stevens on all counts, and the District Court sentenced him to three concurrent sentences of 37 months' imprisonment, followed by three years of supervised ... A fortiori , respondent has not met his burden of demon­strating that any impermissible applications of the ...

  • 542 U.S. 296 (2004), 02-1632, Blakely v. Washington

    ...The facts admitted in his plea, standing alone, supported a maximum sentence of 53 months, but the judge imposed a 90-month sentence after finding that petitioner had acted ...348, 124 S.Ct. 2519, 159 L.Ed.2d 442, 2004 WL 1402732 (2004), that Ring (anda fortiori Apprendi ) does not apply retroactively on habeas review, all criminal sentences imposed . under ...

  • 515 U.S. 753 (1995), 94-780, Capitol Square Review & Advisory Bd. v. Pinette

    ...The Lamb's Chapel reasoning applies a fortiori" here, where the property at issue is not a school but a full-fledged public forum.        \xC2"...But the quoted statement was made while applying the endorsement test itself; indeed, the sentence upon which the plurality relies was followed immediately by the conclusion that "secondary school ...

  • 467 U.S. 986 (1984), 83-196, Ruckelshaus v. Monsanto Co.

    ... A fortiori, the Trade Secrets Act, which penalizes only unauthorized disclosure, cannot be construed as any ...         The Court's analysis of this question appears in a single sentence: an "industry that long has been the focus of great public concern and significant government ...

  • Is guilt dispositive? Federal habeas after Martinez.

    ...(257) Albert Holland was convicted for the murder of a policeman and sentenced to death. (258) Following the completion of direct review, Florida appointed an attorney, Bradley ... be overcome through a showing of ineffective assistance of postconviction counsel, then a fortiori such a showing must suffice to overcome a violation of a state rule that has not been tested for ...

  • __ U.S. __ (2016), 15-6092, Mathis v. United States

    ... (ACCA) imposes a 15-year mandatory minimum sentence on a. defendant convicted of being a felon in possession of a. firearm who also has ...See Holmes, The Path of the Law, 10 Harv. L.Rev. 457, 469 (1897). A fortiori, we should not. apply this Court's use of a word in a prior case--a word. that was not ...

  • 572 U.S. 291 (2014), 12-682, Schuette v. Coalition To Defend Affirmative Action

    ... Id., at 395, 89 S.Ct. 557, 21 L.Ed.2d 616. But. without regard to the sentence just quoted, Hunter. rests on the unremarkable principle that the State may not. alter ... individuals by race . . . a fortiori does not. classify individuals by race." Coalition for. Economic Equity v. Wilson, 122 ...

  • 514 U.S. 549 (1995), 93-1260, United State v. Lopez

    ...The District Court conducted a bench trial, found him guilty of violating § 922(q), and sentenced him to six months' imprisonment and two years' supervised release.         On appeal, ... power, regulate activities that adversely affect the learning environment, then,  a fortiori,  it also can regulate the educational process directly. Congress could determine that a school's ...

  • 542 U.S. 507 (2004), 03-6696, Hamdi v. Rumsfeld

    ... being lawfully prosecuted or have been lawfully convicted of crimes and are serving sentences" (citing Arts. 118, 85, 99, 119, 129, Geneva Convention (III), 6 U.S.T., at 3384, 3392, 3406, ... a fortiori, justifies it. .        I acknowledge that under the plurality's approach, it might, at ...

  • 384 U.S. 436 (1966), 759, Miranda v. Arizona

    ...Miranda was found guilty of kidnapping and rape. He was sentenced to 20 to 30 years' imprisonment on each count, the sentences to run concurrently. On appeal, the ...United States , 319 U.S. 463, 466; United States v. Romano , 382 U.S. 136. A fortiori, that would be true of the extension of the rule to exculpatory statements, which the Court ...

  • Jennings v. Rodriguez, 022718 FEDSC, 15-1204

    ...That is precisely why we, unlike. the dissent, choose not to go beyond what the sentence. actually says. And Waldman says nothing about how. the word "detain" should be read in ... in those cases where it is proper to grant bail"). That. rationale applies a fortiori to a refusal to hold. any bail hearing at all. Thus, it is not surprising that this. ...

  • 441 U.S. 520 (1979), 77-1829, Bell v. Wolfish

    ... or transportation to federal prison or who are serving generally relatively short sentences in a service capacity at the MCC, convicted prisoners who have been lodged at the facility under ...Fano, supra; Wolff v. McDonnell, supra. A fortiori, pretrial detainees, who have not been convicted of any crimes, retain at least those ...

  • 378 U.S. 1 (1964), 110, Malloy v. Hogan

    ...He pleaded guilty to the crime of pool selling, a misdemeanor, and was sentenced to one year in jail and fined $500. The sentence was ordered to be suspended after 90 days, at ...Washington, supra, it follows a fortiori that it also forbids the States to resort to imprisonment, as here, to compel him to answer ...

  • 528 U.S. 225 (2000), 99-5746, Weeks v. Angelone

    ... death penalty, or whether they must decide whether to issue the death penalty or a life sentence. The judge responded by directing them to a paragraph in their instructions stating: " 'If you find ...§ 2254(d). For the foregoing reasons, it follows a fortiori that the adjudication of the State Supreme Court's affirmance of Weeks' sentence and conviction ...

  • 508 U.S. 129 (1993), 91-8199, Deal v. United States

    ... (in addition to the punishment provided for the crime of violence) and requires a 2-year sentence "[i]n the case of [a] second or subsequent [113 S.Ct. 1995] conviction under this subsection." The ... See supra at 138-139. A fortiori, . use of the word "conviction," rather than wording describing the offense, suggests an intent ...

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

    ...That is precisely why we, unlike. the dissent, choose not to go beyond what the sentence. actually says. And Waldman says nothing about how. the word "detain" should be read in ... proper to grant bail"). That rationale applies a. fortiori to a refusal to hold any bail hearing at all. Thus, it is not surprising that this Court has ...

  • 548 U.S. 163 (2006), 04-1170, Kansas v. Marsh

    ..., a Kansas jury convicted respondent Marsh of, inter alia, capital murder and sentenced him to death. Marsh claimed on direct appeal that Kan. Stat. Ann. §21–4624(e) establishes an ... . outweigh aggravating circumstances. A fortiori, Kansas' death penalty statute, consistent with the Constitution, may direct imposition of the ...