circumstantial thought process

5588 results for circumstantial thought process

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  • __ U.S. __ (2016), 14-8913, Molina-Martinez v. United States

    Molina-Martinez pleaded guilty to being unlawfully present in the U.S. after being deported following an aggravated felony conviction. The Guidelines range in his presentence report was 77-96 months. The Probation Office recommended a 77-month sentence; the government requested 96 months. The court, with little explanation, sentenced him to 77 months. On appeal, Molina-Martinez argued for the...

    ... Guidelines first enter the sentencing process when the United. States Probation Office ... thought the sentence it chose was appropriate ... circumstantial evidence regarding the parties' sentencing. ...

  • 736 Fed.Appx. 695 (9th Cir. 2018), 17-55430, Ford v. Berryhill

    ... memory, tangential and circumstantial thought process, or. both. These ...

  • 317 F.3d 564 (6th Cir. 2003), 99-3929, Wexler v. White's Furniture, Inc.

    ...But we did interview another guy that we thought was top drawer. We thought that he was just ... ADEA by offering either direct or circumstantial evidence of age discrimination. Kline v. Tenn. ... partnership position after a long review process in which the partners' input on each candidate ...

  • 545 U.S. 231 (2005), 03-9659, Miller-El v. Dretke

    ... that the reason for striking him, that he thought death was an easy way out and defendants should ...The selection process was replete with evidence that prosecutors were ... of credence is simply one form of circumstantial evidence that is probative of intentional ...

  • 517 U.S. 952 (1996), 94-805, Bush v. Vera

    ... against minorities in electoral processes. Among the conditions that must be satisfied to ... followed without much conscious thought, they cannot be said to have been "subordinated ..., but because it may be persuasive circumstantial evidence that race for its own sake, and not ...

  • 541 U.S. 267 (2004), 02-1580, Vieth v. Jubelirer

    ... for the courts' intrusion into a process that is the very foundation of democratic ... district he was credited with forming was thought to resemble. See Webster's New International ... be shown "by direct evidence or by circumstantial evidence that other neutral and legitimate ...

  • Ford v. Berryhill, 090418 FED9, 17-55430

    ... memory, tangential and circumstantial thought process, or. both. These ...

  • 541 F.3d 652 (6th Cir. 2008), 07-1408, Tucker v. Palmer

    ... by sufficient evidence, albeit circumstantial. For the following reasons, we will reverse the ... affords the accused: “the Due Process Clause [of the Fourteenth Amendment] protects the ... his back door was “ajar," two rings he thought he placed on his dresser were missing, and the ...

  • 458 U.S. 613 (1982), 80-2100, Rogers v. Lodge

    ... participate effectively in the political process, the District Court held that, although the state ... a sensitive inquiry into such circumstantial and direct evidence of intent as may be ...Four other Justices, however, thought the evidence sufficient to satisfy the purposeful ...

  • 563 U.S. 754 (2011), 10-6, Global-Tech Appliances, Inc. v. SEB S. A.

    ... that remain cool during the frying process. The. cool-touch deep fryer consisted of a ... Comm'r Pat. 760. These Justices thought that this reading. was supported by the ...Circumstantial facts like. these tend to be the only ...

  • 511 U.S. 600 (1994), 92-1441, Staples v. United States

    ..., "a defendant who possessed what he thought was a toy or a violin case, but which in fact was ... to a particular case violates the Due Process Clause, [ 24 ] it is the responsibility of ... But knowledge can be inferred from circumstantial evidence, including any external indications ...

  • 548 U.S. 399 (2006), 05-204, League of United Latin American Citizens v. Perry

    ..., it is shown that the political processes leading to nomination or election . . . are not ...        In a characteristically thoughtful opinion written by Judge Higginbotham, the ..., if true, would establish by circumstantial evidence "tantamount for all practical purposes ...

  • 694 F.2d 531 (9th Cir. 1982), 80-4120, Gay v. Waiters' and Dairy Lunchmen's Union, Local No. 30

    ... of fact and conclusions of law in a thoughtful 30-page opinion. 489 F.Supp. 282 (N.D.Cal.1980). ... district judge concluded that the circumstantial evidence was wanting and that the statistical ... had failed to "complete the application process." 633 F.2d at 1312. There, the application ...

  • 411 U.S. 233 (1973), 71-6481, Davis v. United States

    ... claim in hopes of an acquittal, with the thought that, if those hopes did not materialize, the ... petitioner was, although largely circumstantial, a strong one. There was certainly sufficient ... to raise such claims at any point in the process, so long as the offender did not willingly ...

  • 767 F.3d 247 (3rd Cir. 2014), 11-4200, Blunt v. Lower Merion Sch. Dist.

    ... . . . . . Circumstantial Evidence. . . . . . H. Class ... of the Pennsylvania Special Education Due Process Appeals Review Panel (the 'Appeals Panel') ... that provides everything that might be thought desirable by loving parents' . . . . '[A]t a ...

  • 782 F.3d 753 (6th Cir. 2015), 12-2484, EEOC v. Ford Motor Co.

    Harris, a Ford Motor Company employee had irritable bowel syndrome. Ford initially tried to accommodate Harris, allowing telecommuting. After three attempts failed, Ford denied her request to work from home on an as-needed basis, up to four days per week, deeming regular and predictable on-site attendance essential to Harris’s highly interactive job. Harris had placed in the bottom 22% of her...

    ... sufficient effort into the " interactive process" of finding an accommodation, 29 C.F.R. § ...       Harris's testimony on why she thought the plan was designed for her to fail is not " ..., Gordon's actions are relevant circumstantial evidence of pretext. As we have explained:. . . ...

  • 578 F.3d 559 (7th Cir. 2009), 08-1642, Coffman v. Indianapolis Fire Dept.

    ... amounting to violations of her due process rights under the Fourteenth Amendment, see 42 ... must provide either direct or circumstantial evidence that supports an inference of ... incidents with two other firefighters he thought himself obligated not to " ignore these apparent ...

  • 325 U.S. 1 (1945), 13, Cramer v. United States

    ...21 The English stream of [65 S.Ct. 926] thought concerning. . treasons began to flow in fairly ..., such acts could be inferred from circumstantial evidence. This the framers thought would not do. ...It does not forbid judging by the usual process by which the significance of conduct often will ...

  • 491 U.S. 657 (1989), 88-10, Harte-Hanks Communications, Inc. v. Connaughton

    ... to the taped interviews simply because he thought that they would provide him with no new ... defendant's state of mind through circumstantial evidence, see Herbert v. Lando , 441 U.S. 153, ... be a matter in which an editor in the process of determining which candidate to endorse would ...

  • 593 F.3d 810 (9th Cir. 2010), 08-15894, Cook v. LaMarque

    ...During the selection process, the assistant district attorney used twenty-five ... a sensitive inquiry into such circumstantial and direct evidence of intent as may be ... presumption that because Watkins thought her brother wrongly convicted, it might mean that ...

  • 386 U.S. 18 (1967), 95, Chapman v. California

    ... presented a reasonably strong "circumstantial web of evidence" against petitioners, 63 Cal.2d ..., what is this -- first of all, "I thought I'd better let you know that Tom arrived here ..., I think it clear that constitutional due process could not countenance the continued application. ...

  • 309 F.3d 893 (5th Cir. 2002), 01-10808, Sandstad v. CB Richard Ellis, Inc.

    ...Dunn concluded that while he thought Appellant had not discriminated against Petty, ... may present his case by direct or circumstantial evidence, or both. Russell v. McKinney Hospital ...'s estimation of Dideon's decision-making process in promoting Brett White bears no logical link to ...

  • 591 F.3d 1232 (9th Cir. 2010), 07-16703, Clouthier v. County of Contra Costa

    ... violated the Fourteenth Amendment due process rights of their son, Robert Clouthier, by failing ... also personally informed Blush that she thought Clouthier was truly suicidal, that he was going ...From this circumstantial evidence, a jury could reasonably infer that ...

  • 441 F.3d 153 (2nd Cir. 2006), 04-5007, United States v. Quattrone

    ... documents relating to CSFB's allocation process. J.A. 642 (Gov.Ex. 102). On June 2, 2000, CSFB's ... because it rests even wholly on circumstantial evidence. See United States v. MacPherson, ... reject to Quattrone's explanation that he thought the investigation focused on a separate business ...

  • 532 U.S. 234 (2001), 99-1864, Easley v. Cromartie

    ... of race in the legislature's line-drawing process. See supra, at 240- 241.         In ...Tr. 221. Dr. Weber apparently thought that the legislature did not have to split this ... that may be drawn from the circumstantial evidence, I am satisfied that the District ...