a fortiori in a sentence

2402 results for a fortiori in a sentence

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  • 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. ...

  • United States v. Payano, 071019 FED3, 18-1153

    ... Pedro Ramon Payano appeals his sentence on the ground that. the District Court's mistaken belief as to the ... maximum and, a fortiori, well below the twenty-year. maximum that the District Court ...

  • 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 ...

  • 46 U.S. 504 (1847), Thurlow v. Com. Of Mass.

    ... the said Police Court shall not have power, in any such case, to sentence any person to imprisonment, except as provided in the preceding section. . ... hands of the importer, in bulk, in the character of an import; a fortiori may they intercept and prohibit the sale of an infected article, produced ...

  • 445 U.S. 55 (1980), 78-1595, Lewis v. United States

    ...917] copy of the judgment and sentence in the 1961 Florida felony proceeding. App. 10.         Shortly ... Since the fact of mere indictment is a disabling circumstance, a fortiori the much more significant fact of conviction must deprive the person of a ...

  • 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 ...

  • 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 ...

  • 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 ...

  • 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 ...

  • 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. ...

  • 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. ...

  • 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 ...

  • 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 ...

  • 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 ...

  • 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." ...

  • 283 F.3d 1019 (9th Cir. 2001), 99-17261, Brown v. Mayle

    ...Because of prior convictions, each was sentenced to life without possibility of parole for 25 years. Each now appeals the ... to show an"unreasonable application" of Supreme Court law, a fortiori they meet the lower requirement of "error" that applies in a "contrary to" ...

  • 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 ...

  • 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 ...

  • 648 F.3d 1235 (11th Cir. 2011), 11-11021, Florida ex rel. Atty. Gen. v. United States Dept. of Health and Human Services

    ... that something, if we regard the language or the subject of the sentence", must be the exclusively internal commerce of a State.\" ).        \xC2"... that adversely affect the learning environment, then, a fortiori, it also can regulate the educational process directly." Id. at 566, ...

  • The Death Penalty & the Dignity Clauses
  • 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 ...

  • 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 ...

  • 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 ...

  • 874 F.3d 490 (6th Cir. 2017), 15-5793, United States v. White

    ...We. disagree and affirm his convictions and sentences". . .          I. . .         \xC2"... finding in Jones, it follows, a fortiori,. that the substantially identical facts in this case are. ...