DUNLAVEY, DEPUTY CORRECTIONS DIRECTOR, ET AL.

v.

BERENGUER ET AL.

Citator

Cited By (12 total)

• Alabama v. Shelton, 535 U.S. 654 (U.S. 2002)
  …. 2d, at 654; United States v. Foster, 904 F. 2d 20, 21 (CA9 1990); United States v. White, 529 F. 2d 1390, 1394 (CA8 1976). Others have rejected that proposition. See, e. g., Cottle v. Wainwright, 477 F. 2d 269, 274 (CA5), vacated on other grounds, 414 U. S. 895 (1973); Griswold v. Commonwealth, 252 Va. 113, 116-117, 472 S. E. 2d 789, 791 (1996); State v. Hansen, 273 Mont. 321, 325, 903 P. 2d 194, 197 (1995). We granted certiorari to resolve the conflict. 532 U. S. 1018 (2001). II Three positions are befo…
• Palmigiano v. Baxter, 487 F.2d 1280 (1st Cir. 1973)
  …ircumstance found by two circuits to arise in parole revocation proceedings, Earnest v. Willingham, 406 F. 2d 681, 684 (10th Cir. 1969), and probation revocation proceedings, Wainwright v. Cottle, 477 F. 2d 269 (5th Cir. 1973), vacated and remanded, 414 U.S. 895, 94 S.Ct. 221, 38 L.Ed.2d 138 (1973). We do not, however, deal with that issue at this time. The prison administrative hearing, even when resulting in segregation or loss of good time, may require less of an adversarial proceeding and necessitate f…
• United States v. White, 529 F.2d 1390 (8th Cir. 1976)
  …als: 1973-74 Term Criminal Law and Procedure, 63 Geo.L.J. 331, 476 (1975). The Fifth Circuit has suggested that a suspended sentence may be permitted by Argersinger. Cottle v. Wainwright, 477 F. 2d 269, 275 (5th Cir. 1973), vacated on other grounds, 414 U.S. 895, 94 S.Ct. 221, 38 L.Ed.2d 138 (1974). However, on direct appeal we are unwilling to affirm the imposition of a suspended prison sentence since the possibility exists of its ripening into unconstitutional imprisonment.…