Legal Opinion

United States v. Robert Mitchell Penn

Court of Appeals for the Fourth Circuit

Decided February 17, 1994No. 93-5190PublishedCited by 7 opinions

1Opinion of the Court

OPINION

ERVIN, Chief Judge:

Under 18 U.S.C. § 3565(a), a defendant originally sentenced to a term of probation who is found to have violated a condition of probation ordinarily may either be continued on probation or may have his sentence of probation revoked, in which case the court may impose any other sentence that was available at the time of the defendant’s original sentence. If the defendant’s violation relates to possession of a controlled substance, however, the court must revoke the sentence of probation and must sentence the defendant to “not less than one-third of the original…

2Cases cited10 opinions

  1. Bifulco v. United StatesSupreme Court of the United States · 1980
  2. United States v. Cheryl GordonCourt of Appeals for the Third Circuit · 1992
  3. United States v. Charles Frank DiazCourt of Appeals for the Tenth Circuit · 1993
  4. United States v. Jose Corpuz, Jr.Court of Appeals for the Ninth Circuit · 1992
  5. United States v. Ralph Stuart Granderson, Jr.Court of Appeals for the Eleventh Circuit · 1992

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3Cited by7 opinions

  1. United States v. GrandersonSupreme Court of the United States · 1994
  2. United States v. Robert W. Denard, A/K/A ScotiaCourt of Appeals for the Fourth Circuit · 1994
  3. Stinson v. Bb & T Investment Services, Inc. (In Re Stinson)United States Bankruptcy Court, W.D. Virginia · 2002
  4. United States v. Frank ContrerezCourt of Appeals for the Fifth Circuit · 1994
  5. United States v. Charles Malone SwindallCourt of Appeals for the Fourth Circuit · 1995

2 more not listed; retrieve them via the Exa API.

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