ROBINSON, BY HIS GUARDIAN AD LITEM, YOUNG

v.

BOWEN, SECRETARY OF HEALTH AND HUMAN SERVICES

Citator

Cited By (16 total)

• United States v. Wayne, 903 F.2d 1188 (8th Cir. 1990)
  …nied, — U.S.-, 110 S.Ct. 81, 107 L.Ed.2d 47 (1989), and a reviewing court is limited to determining whether the district court has “manifestly or grossly abused its discretion,” Castaldi v. United States, 783 F. 2d 119, 123 (8th Cir.), cert. denied, 476 U.S. 1172, 106 S.Ct. 2897, 90 L.Ed.2d 983 (1986) (quoting Woosley v. United States, 478 F. 2d 139, 147 (8th Cir. 1973) (en banc)). We believe that the court’s sentence here was properly within its discretion in light of the severity of Wayne’s criminal activi…
• United States v. Boone, 869 F.2d 1089 (8th Cir. 1989)
  …sen-tenced. A sentence within statutory limits is generally not subject to review. United [*1093] States v. Tucker, 404 U.S. 443, 447, 92 S.Ct. 589, 591, 30 L.Ed.2d 592 (1972); Castaldi v. United States, 783 F. 2d 119, 123 (8th Cir.), cert. denied, 476 U.S. 1172, 106 S.Ct. 2897, 90 L.Ed.2d 983 (1986). In absence of gross abuse of discretion this court may not substitute its judgment for the discretion committed to the district court. United States v. Hollis, 718 F. 2d 277, 279 (8th Cir.1983), cert. denied,…
• United States v. Freisinger, 937 F.2d 383 (8th Cir. 1991)
  …on of how many convictions can lawfully be obtained under these circumstances is a question of the appropriate unit of prosecution, and that is a question of legislative intent. Castaldi v. United States, 783 F. 2d 119, 121 (8th Cir.), cert. denied, 476 U.S. 1172, 106 S.Ct. 2897, 90 L.Ed.2d 983 (1986). Congress’ intent, however, must be clear. “When Congress fails to set the unit of prosecution with clarity, doubt as to congressional intent is resolved in favor of lenity for the accused.” United States v. Ki…