Legal Opinion

United States v. Graden James Miguel

Court of Appeals for the Ninth Circuit

Decided February 27, 1995No. 94-10234PublishedCited by 29 opinions

1Opinion of the Court

ALDISERT, Circuit Judge.

The major question for decision is whether restitution is available as an additional penal ty under 18 U.S.C. § 3663(a)(1) when a defendant is sentenced to a period of incarceration for a misdemeanor offense. Graden James Miguel originally was sentenced to a period of probation, including restitution, following a conviction for assault by striking, beating or wounding, in violation of 18 U.S.C. § 113(d), a misdemeanor offense. He subsequently violated the terms of probation and, after a hearing, the district court revoked probation, sentenced him to six months…

2Cases cited18 opinions

  1. Taylor v. United StatesSupreme Court of the United States · 1990
  2. Perrin v. United StatesSupreme Court of the United States · 1979
  3. United States v. FaustoSupreme Court of the United States · 1988
  4. United States v. Cooper Corp.Supreme Court of the United States · 1941
  5. United States v. CulbertSupreme Court of the United States · 1978

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

3Cited by29 opinions

  1. United States v. Robert S. GordonCourt of Appeals for the Ninth Circuit · 2004
  2. United States v. Willie A. NewmanCourt of Appeals for the Seventh Circuit · 1998
  3. United States v. Paul Frederick LaneyCourt of Appeals for the Ninth Circuit · 1999
  4. United States v. LeahyCourt of Appeals for the Third Circuit · 2006
  5. UNITED STATES of America, Plaintiff-Appellee, v. Morris D. ENGLISH, Jr., Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1996

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

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