Legal Opinion
United States v. E. Hernandez, United States of America v. Sylvester Britt
Court of Appeals for the Seventh Circuit
Decided March 18, 1996No. 95-1143, 95-1212PublishedCited by 26 opinions
1Opinion of the Court
ILANA DIAMOND ROVNER, Circuit Judge.
These consolidated appeals present a question of first impression in this circuit. Congress has directed the Sentencing Commission to assure that the Sentencing Guidelines specify a sentence of imprisonment “at or near the maximum term authorized” for an adult defendant convicted of a violent crime or felony drug offense and who has at least two prior such convictions. 28 U.S.C. § 994(h). The question is whether by “maximum term authorized” Congress meant the maximum term available for the offense of conviction, excluding any statutory sentencing…
2Cases cited37 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Mistretta v. United StatesSupreme Court of the United States · 1989
- Stinson v. United StatesSupreme Court of the United States · 1993
- Smith v. United StatesSupreme Court of the United States · 1993
- Ratzlaf v. United StatesSupreme Court of the United States · 1994
32 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- United States v. LaBonteSupreme Court of the United States · 1997
- United States v. Robert McQuilkinCourt of Appeals for the Third Circuit · 1996
- United States v. Jennifer RiccardiCourt of Appeals for the Sixth Circuit · 2021
- United States of America, Cross-Appellant/appellee v. Ivy Nelson Fountain, Appellant/cross-AppelleeCourt of Appeals for the Eighth Circuit · 1996
- United States v. BranhamCourt of Appeals for the Sixth Circuit · 1996
21 more not listed; retrieve them via the Exa API.