Legal Opinion
United States v. Gaskell
Court of Appeals for the Eleventh Circuit
Decided February 2, 1998No. 97-4216PublishedCited by 7 opinions
1Opinion of the Court
DUBINA, Circuit Judge:
This sentencing appeal presents the question of whether a federal judge in a case governed by the Assimilated Crimes Act (“ACA”), 18 U.S.C. §§ 13 and 7, is permitted to sentence a defendant to a longer term of probation than state law would permit. Although this and other circuits have decided analogous issues under the ACA, no circuit court has ruled on this exact question. We hold that federal judges sentencing under the ACA may exceed the state statutory maximum term for a sentence of probation when necessary to effectuate the policies behind the federal probation…
2Cases cited26 opinions
- Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
- United States v. Press Publishing Co.Supreme Court of the United States · 1911
- United States v. Antonio A. TeranCourt of Appeals for the Fifth Circuit · 1996
- United States v. Bryceson PintoCourt of Appeals for the Tenth Circuit · 1985
- United States v. Alfred Smith, Jr., United States of America v. Irvin Williams, United States of America v. Joseph KomokCourt of Appeals for the Ninth Circuit · 1978
21 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- United States v. WrightCourt of Appeals for the Eleventh Circuit · 2010
- United States v. MartinezCourt of Appeals for the Fifth Circuit · 2001
- United States v. ChapmanCourt of Appeals for the Tenth Circuit · 2016
- United States v. Edward L. PateCourt of Appeals for the Eleventh Circuit · 2003
- United States v. EnglishCourt of Appeals for the Eleventh Circuit · 2009
2 more not listed; retrieve them via the Exa API.