a fortiori in a sentence

2391 results for a fortiori in a sentence

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  • 352 F.3d 1030 (6th Cir. 2003), 01-1383, Akers v. McGinnis

    ... before becoming an MDOC employee and who was then serving a life sentence without parole in a prison outside her jurisdiction. She exchanged several ...If the older Rule is constitutional, a fortiori so is the revised Rule. The plaintiffs object to the exemption procedure ...

  • 510 U.S. 383 (1994), 92-1500, Caspari v. Bohlen
  • 503 U.S. 222 (1992), 90-6616, Stringer v. Black

    ...Stringer was sentenced to death, the sentence was affirmed by the State Supreme Court on direct ... principle to the Mississippi sentencing process follows, a fortiori, from its application to the Georgia system.         1. ...

  • 547 U.S. 198 (2006), 04-1324, Day v. McDonough

    ...          Petitioner Day's Florida trial-court sentence was affirmed on December 21, 1999, and his time to seek this Court's ... finality did not compel any time limitation at all, it follows a fortiori that they do not compel making a legislatively created, forfeitable time ...

  • 560 U.S. 126 (2010), 08-1224, United States v. Comstock

    ... was less protective of state interests than §4248, a fortiori , the current statute does not in­vade state interests. Pp. 143-146, 176 ... jurisdiction of the United States, and direct that all persons sentenced to imprisonment under the laws of the United States shall be confined ...

  • 124 U.S. 261 (1888), Sabariego v. Maverick

    ... of December 4, 1786, gives powers, in case of confiscation by sentence of any property within the territory of this province, and makes it the ... . of its own legality, a fortiori , no effect can be given to the proceedings in this case, unless sustained ...

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

    During jury selection at Foster’s trial, the state (Georgia) used peremptory challenges to strike all four qualified black prospective jurors. Foster was convicted of capital murder and sentenced to death. The trial court rejected an argument that the strikes were racially motivated, in violation of Batson v. Kentucky. While his state habeas petition was pending, Foster obtained copies of the...

    ... murder and sentenced to death in a Georgia court. During jury. selection at his trial, ... 551, 555, 60 S.Ct. 676, 84 L.Ed. 920 (1940)). A. fortiori, when a State's highest court has denied. relief without any ...

  • 497 U.S. 37 (1990), 89-742, Collins v. Youngblood

    ... in a Texas state court of aggravated sexual assault and sentenced to life imprisonment and a $10,000 fine. After his conviction and sentence ... 5 Indeed, this case is a fortiori...

  • 500 U.S. 110 (1991), 88-7247, Lankford v. Idaho

    ..., and there was no discussion of the death penalty as a possible sentence at the sentencing hearing, where both defense counsel and the prosecutor ... sentence or a minimum term of more than 10 years would apply a fortiori against a sentence of death. In any event, counsel's presentation was ...

  • 529 U.S. 244 (2000), 99-137, Garner v. Jones

    ... Respondent escaped while serving a life sentence for murder, committed another murder, and was sentenced to a second life ...It follows a fortiori from Morales that the Court of Appeals should not have disregarded the ...

  • DOWN THE FINAL STRETCH: STATE SOCIETAL SETTLEMENTS' RES JUDICATA REPERCUSSIONS.

    ...The provision concludes with the following sentence: "A final judgment upholding the complaint shall additionally bind [those] ...A fortiori, a private litigant may not attempt the vindication all over again of the ...

  • 796 F.3d 548 (5th Cir. 2015), 14-10932, United States v. Simpson

    Defendant appealed his resentence on several grounds, asserting, among other claims, that 18 U.S.C. 3581(b)(3) imposes a statutory maximum sentence of twelve years for a Class C felony. The court concluded that the district court did not err in imposing 240 months of imprisonment for conspiracy to commit mail and wire fraud and a consecutive sentence of 240 months of imprisonment for obstruction...

    ...1 Simpson was resentenced and now. appeals that sentence on several grounds, asserting, among. other claims, that 18 U.S.C. ... convictions. 29 It follows, a fortiori,. that double jeopardy concerns are not implicated here, where. ...

  • 402 U.S. 183 (1971), 203, McGautha v. California

    ...203 was convicted of first-degree murder in California, and was sentenced to death. The penalty was left to the jury's absolute discretion, and ... on parole revocation or the right to appeal), it follows a fortiori that the constitutional right to be free from the compulsion of ...

  • 547 U.S. 843 (2006), 04-9728, Samson v. California

    ... . of parole is release from prison, before the completion of sentence, on the condition that the prisoner abide by certain rules during the ...3d, at 461 (observing that the Griffin rationale "appl[ies] a fortiori " to "federal supervised release, which, in contrast to probation, is ...

  • 506 U.S. 20 (1992), 91-719, Parke v. Raley

    ... felony offender under a Kentucky statute that enhances sentences for repeat felons. He moved to suppress the 1979 and 1981 guilty pleas ... and the Solicitor General that Kentucky's procedure is a fortiori constitutional because, with narrow exceptions not applicable here, due ...

  • 399 U.S. 235 (1970), Williams v. Illinois

    ...         Appellant was given the maximum sentence for petty theft under Illinois law of one year' imprisonment and a $500 ...It follows a fortiori that no conclusion reached herein casts any doubt on the conventional ...

  • 755 F.3d 1193 (10th Cir. 2014), 13-4178, Kitchen v. Herbert

    ... same-gender marriages within its own borders demonstrates a fortiori that it need not recognize those solemnized without. Unlike the federal ... which upheld a prohibition on marriage for inmates serving a life sentence. Turner, 482 U.S. at 96; see Butler v. Wilson, 415 U.S. 953, 94 S.Ct. ...

  • 893 F.3d 123 (2nd Cir. 2018), 16-2528, Villanueva v. United States

    ...Hall, Chief Judge), modifying the. sentence of Appellee Richard Villanueva. That judgment brings. up for review ...Our. trepidation should apply a fortiori here, where our Circuit. precedent in Chrzanoski stands for the ...

  • 906 F.3d 307 (5th Cir. 2018), 17-41137, Mejia v. Davis

    ... which could have resulted in the jury giving Mejia a sentence. much lower than the life sentence he received. The court also. ... U.S. at 105, 131 S.Ct. 770. A fortiori, under AEDPA. the state court would not have been "unreasonable". ...

  • 489 U.S. 401 (1989), 87-121, Dugger v. Adams

    ... instructed the prospective jurors on their responsibility for the sentence they would recommend, stating that the court, not the jury, was ... to exercise our certiorari jurisdiction on direct review, and, a fortiori, it does not preclude review of the Caldwell claim in this habeas ...

  • 787 F.3d 328 (5th Cir. 2015), 14-60283, United States v. Clay

    Defendant pled guilty to a drug offense and was sentenced as a career offender. On appeal, defendant challenged his within-guidelines sentence, arguing that the district court failed to appreciate that 18 U.S.C. 3553(a) provided it with discretion to vary from the advisory sentencing range under the Sentencing Guidelines. The court concluded that the district court committed procedural error when

    ...sentence, arguing that the district court failed to appreciate that 18 U.S.C. § ...The Supreme Court's holding results from a sort of a fortiori rationale: After considering all of the § 3553 factors, it is ...

  • Sexuality's law.

    ... grounds of ineffective assistance of counsel; affirming original sentence of up to 25 years in state prison, which was suspended and Rhoades placed ... of herpes, itself a non-life-threatening disease, available a fortiori for the transmission of HIV/AIDS, including deceit, assault and battery, ...

  • 856 F.3d 174 (1st Cir. 2017), 16-1695, United States v. De-Jesus

    Appellant entered a straight guilty plea to possession of firearms by a convicted felon and possession of machine guns for possessing two seized firearms. The sentencing court considered the second firearm as an aggravating factor in imposing an upwardly variant sentence of seventy-two months. Appellant challenged his sentence on appeal. The First Circuit affirmed, holding (1) the district court...

    ... variant sentence. . .          In this. appeal, .... . the. same," and insists, a fortiori, that the second gun. already was factored into his guideline range. ...

  • 555 F.3d 864 (9th Cir. 2009), 07-30424, United States v. Autery

    ... for the imposition of a forty-one to fifty-one month prison sentence pursuant to the United States Sentencing Guidelines. The district court ...'s argument fails under abuse of discretion review, and a fortiori, it fails under plain error review.           Next, the ...

  • 439 U.S. 212 (1978), 77-5903, Corbitt v. New Jersey

    ..., was convicted by a jury of first-degree murder and accordingly sentenced to life imprisonment. The New Jersey Supreme Court affirmed, rejecting ...The rationale of that case would a fortiori govern a case where the original indictment contains a habitual criminal ...