Legal Opinion
United States v. Jose Corpuz, Jr.
Court of Appeals for the Ninth Circuit
Decided January 8, 1992No. 91-10132PublishedCited by 29 opinions
1Opinion of the Court
ALDISERT, Circuit Judge:
This case of statutory construction requires us to interpret a provision of 18 U.S.C. § 3565(a), which provides that when a probationer is found in possession of a controlled substance, “the court shall revoke the sentence of probation and sentence the defendant to not less than one-third of the original sentence.” We must decide whether the term “original sentence” means only the period of incarceration that could have been originally imposed and not any term of probation.
The district court read the phrase “one-third of the original sentence” as referring to the term…
2Cases cited7 opinions
- Burns v. United StatesSupreme Court of the United States · 1932
- United States v. MurraySupreme Court of the United States · 1928
- United States v. Laszlo PomaziCourt of Appeals for the Ninth Circuit · 1988
- United States v. Gerald Dee FosterCourt of Appeals for the Ninth Circuit · 1990
- United States v. Philbert Ray SmithCourt of Appeals for the Eleventh Circuit · 1990
2 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- United States v. GrandersonSupreme Court of the United States · 1994
- United States v. Harold DavisCourt of Appeals for the Fourth Circuit · 1995
- United States v. James William MathenaCourt of Appeals for the Fifth Circuit · 1994
- United States v. Cheryl GordonCourt of Appeals for the Third Circuit · 1992
- United States v. Charles Frank DiazCourt of Appeals for the Tenth Circuit · 1993
24 more not listed; retrieve them via the Exa API.