CARLSEN

v.

MORRIS, WARDEN, UTAH STATE PRISON

Citator

Cited By (14 total)

• Peretz v. United States, 501 U.S. 923 (U.S. 1991)
  …objection is waiver of double jeopardy defense), cert. denied sub nom. Hobson v. United States, 472 U. S. 1017 (1985); United States v. Coleman, 707 F. 2d 374, 376 (CA9) (failure to object constitutes waiver of Fifth Amendment claim), cert. denied, 464 U. S. 854 (1983). See generally Yakus v. United States, 321 U. S. 414, 444 (1944) (“No procedural principle is more familiar to this Court than that a constitutional right may be forfeited in [*937] criminal as well as civil cases by the failure to make tim…
• United States v. Vaccaro, 816 F.2d 443 (9th Cir. 1987)
  …ntencing decision of the district judge. It is within the discretion of the court to impose disparate sentences as long as the judge takes into account individual circumstances. United States v. Chiago, 699 F. 2d 1012, 1014 (9th Cir.), cert. denied, 464 U.S. 854, 104 S.Ct. 171, 78 L.Ed.2d 154 (1983). There is no indication that the district judge gave any weight to this conversation in sentencing John Vaccaro. The judgments are AFFIRMED. . This evidence includes the testimony of collectors and recruiters…
• United States v. Messer, 785 F.2d 832 (9th Cir. 1986)
  …court denied Messer’s motions without explanation. DISCUSSION Sentencing is left to the sound discretion of the court and its decision is reviewed for an abuse of discretion. United States v. Chiago, 699 F. 2d 1012, 1014 (9th Cir.), cert. denied, 464 U.S. 854, 104 S.Ct. 171, 78 L.Ed.2d 154 (1983). A sentence which falls within statutory limits is ordinarily not reviewable unless there exist constitutional concerns. United States v. Tucker, 404 U.S. 443, 447, 92 S.Ct. 589, 591, 30 L.Ed.2d 592 (1972); Unit…