a fortiori in a sentence

2392 results for a fortiori in a sentence

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  • United States v. Lee, 082416 FED2, 11-2539-cr

    ... Section 924(c) Mandatory Consecutive Sentences. . .          Selbourne. Waite and Hisan Lee ... "facts" regarding a defendant's prior (or,. a fortiori, contemporaneous) convictions, which are. matters of law, to be ...

  • United States v. Gibbs, 071618 FED4, 17-4037

    The Fourth Circuit affirmed defendant's 24 month sentence after he admitted to four violations of the conditions of his supervised release. The court held that the record amply demonstrated that the district court, in reaching its decision to impose the recommended sentence, considered defendant's arguments for a downward variance and addressed several of them, while highlighting the seriousness...

    ... sentence of 24-months' imprisonment. Gibbs contends that. the sentence was ... and, a fortiori, satisfies the more relaxed standard. for revocation sentencing. As ...

  • 856 F.3d 326 (4th Cir. 2017), 15-4317, United States v. Riley

    The Fourth Circuit affirmed the district court's classification of defendant as a career offender, holding that defendant's conviction of robbery with a dangerous weapon under Maryland law fits comfortably within the residual clause of the career offender guideline's definition of a "crime of violence." Under Maryland law, robbery entails the carrying away of another's property "from his person...

    ... when Riley was sentenced". . .          I. . .         \xC2"...If they are, robbery with a dangerous weapon is. a fortiori a crime of violence; if not, our analysis of. simple robbery ...

  • 501 U.S. 294 (1991), 89-7376, Wilson v. Seiter

    ... to some deprivations that were not specifically part of the sentence but were suffered during imprisonment. We rejected, however, the inmate's ..." if it realized that that was not merely an argument a fortiori, but a determination almost essential to the judgment. Out of an ...

  • 548 U.S. 557 (2006), 05-184, Hamdan v. Rumsfeld

    ... penalty (at least as matters now stand) and may receive a prison sentence shorter than 10 years, he has no automatic right to federal-court review ...          A like inference follows a fortiori from Lindh in this case. "If . . . Congress was reasonably concerned to ...

  • 395 U.S. 683 (1969), 830, Noyd v. Bond

    ...He was sentenced, inter alia, to a year's confinement at hard labor and immediately ...It follows a fortiori that the principles established in the Manual require that Captain Noyd ...

  • 564 U.S. 552 (2011), 10-779, Sorrell v. IMS Health Inc.

    ...Finally,. the provision's second sentence bars pharmaceutical. manufacturers and pharmaceutical marketers from ... restrictions on commercial speech. A fortiori it. satisfies less demanding standards that are more. ...

  • 532 U.S. 318 (2001), 99-1408, Atwater v. Lago Vista .

    ... of King's Bench held that even a private person (and thus a fortiori a peace officer [ 5 ] ) needed no warrant to arrest a "common cheater" ... Atwater's position in this Court's cases (apart from the isolated sentence in Carroll, already explained). Although the Court has not had much to ...

  • 226 F.3d 399 (5th Cir. 2000), 99-50190, Montoya v Johnson

    ...The state court did sentence him concurrently but, importantly, did so before the federal court had ...A fortiori, his plea agreement was entered into voluntarily and knowingly. ...

  • 495 U.S. 207 (1990), 88-2102, Stewart v. Abend

    ... rule with respect to all of the renewal rights, it follows, a fortiori, that assignees such as petitioners of the right to produce a derivative ...§ 7 (1976 ed.).         The provision consists of one sentence with two clauses divided by a semicolon. The first clause lists the types ...

  • 517 U.S. 416 (1996), 94-9247, Carlisle v. United States

    ...In. . sum, even without the captions (and a fortiori with them) it is clear that subdivisions (a) and (b) of Rule 29 pertain ...It goes on to provide, in its second and third sentences: " If a verdict of guilty is returned the court may on such motion set ...

  • 547 U.S. 715 (2006), 04-1034, Rapanos v. United States

    ...'s broad definition of "adjacent"--quite the contrary, the quoted sentence uses "adjacent" and "adjoining" interchangeably, and the footnote ... own right--did not constitute "waters of the United States," a fortiori, isolated swampy lands do not constitute "waters of the United States." ...

  • United States v. Wilson, 040419 FED2, 17-1896-cr

    ... estimated sentence of 108 to 135 months in prison. The. District Court, at the ... Walker's Pimentel estimate anyway-and, a. fortiori, to exclude others. It is precisely that. calculation that Walker ...

  • 483 U.S. 402 (1987), 85-5348, Buchanan v. Kentucky

    ... both defendants guilty, the jury imposed the maximum possible sentence on petitioner, and sentenced his codefendant to death. The Supreme Court ... the guilt phase in a trial against a capital defendant, and, a fortiori, no interest justifies death qualification of a jury that is to decide ...

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

    ... The jury convicted Stevens on all counts, and the District Court sentenced him to three concurrent sentences of 37 months' imprisonment, followed by ... A fortiori , respondent has not met his burden of demon­strating that any ...

  • 597 F.3d 608 (4th Cir. 2010), 07-5, United States v. Caro

    ...           This appeal arises from a death sentence imposed under the Federal Death Penalty . . Act (the " FDPA" ), 18 ...at 330, 119 S.Ct. 1307. This reasoning applies a fortiori to the non-statutory aggravating factor of lack of remorse. See 18 ...

  • 418 U.S. 539 (1974), 73-679, Wolff v. McDonnell

    ... the authority to create, or not, a right to a shortened prison sentence through the accumulation of credits for good behavior, and it is true that ... for the burden of federal and state officials, this case is a fortiori. We also note that a contrary holding would be very troublesome for the ...

  • 2 U.S. 128 (1791), Thompson v. Thompson

    ....) the Court were obliged either to suspend, or to discharge, any sentence, separating husband and wife, from bed and board, whenever the husband ... answer: And that if this was a good reason to annul a sentence, a fortiori it is a sufficient answer to the complaint of this libel.  This too, he ...

  • 452 F.3d 572 (6th Cir. 2006), 04-4540, United States v. Sanders

    ... . was convicted of two firearm offenses and sentenced to 37 months imprisonment. Seven years later, following two direct appeals ..., though not as harsh as if he were being sent to prison (or, a fortiori, being sent back to prison like DeWitt)." Id. at *5 (emphasis in ...

  • 107 F.3d 1147 (6th Cir. 1997), 95-6096, United States v. Jones

    ...In addition, she also appeals her sentence . . imposed by the district court. She contends that the district ... in a halfway house constitutes "imprisonment" time under Rasco, a fortiori, time served in home detention ...

  • Guarding the rights of the accused and accuser: the jury's role in awarding criminal restitution under the Sixth Amendment.

    ... defined "crime" by reference to the facts affecting the maximum sentence available by law, (32) Justice Thomas argued that a "'crime' includes .... (174.) See Southern Union Co., 132 S. Ct. at 2353 ("Nor, a fortiori, could there be an Apprendi violation where no maximum is prescribed."); ...

  • 409 F.3d 484 (1st Cir. 2005), 04-2172, United States v. Work

    ... federal sentencing guidelines, imposed a 38-month incarcerative sentence, to be followed by three years of supervised release. The court made the ...          A fortiori, the permissible term of incarceration authorized for a supervised release ...

  • 149 F.3d 172 (2nd Cir. 1998), 8, Werber v. United States

    ... for the Southern District of New York (McKenna, J.), and was sentenced to 47 months, 12 days of imprisonment. Werber now moves pursuant to 28 ...Kassar, 47 F.3d 562, 565 (2d Cir.1995). A fortiori, this appeal is not moot, because resolution of the sentencing issue will ...

  • 455 U.S. 478 (1982), 80-2165, Murphy v. Hunt

    ...On November 13, 1980, he was sentenced to consecutive terms of 8-15 years in prison for these offenses.3 On ...If conversely, there is no right to pretrial bail, a fortiori, Hunt would not be able to obtain release under present circumstances.4 . ...

  • 564 U.S. 91 (2011), 10-290, Microsoft Corp. v. i4i Ltd. P'ship

    ... inventor, it is so a fortiori where he is a stranger. to the invention, without [131 S.Ct. 2246] ...Congress has since amended § 282, inserting two. sentences not relevant here and modifying the language of the. second sentence ...