COLANGELO

v.

DONAHUE, SUPERINTENDENT, ALTONA CORRECTIONAL FACILITY

Citator

Cited By (41 total)

• Deal v. United States, 508 U.S. 129 (U.S. 1993)
  …r subsequent conviction” was used to describe recidivism seemingly was shared by other judges, as several years were to elapse before the construction adopted by the Eleventh Circuit in United States v. Rawlings, 821 F. 2d [*141] 1543, cert. denied, 484 U. S. 979 (1987), and endorsed by the Court today, appeared in any reported judicial opinion. At oral argument, the Government was unable to tell us how the “second or subsequent conviction” language of §,924(c) was construed by Government prosecutors prior…
• United States v. Foote, 898 F.2d 659 (8th Cir. 1990)
  …rison sentence for a defendant convicted of two section 924(c) offenses charged in the same indictment has been addressed and answered in the affirmative by the Eleventh Circuit in United States v. Rawlings, 821 F. 2d 1543 (11th Cir.), cert. denied, 484 U.S. 979, 108 S.Ct. 494, 98 L.Ed.2d 492 (1987). In Rawl-ings, the court reasoned that while the term “subsequent” means “following in time, order, or place,” and implies that the second conviction must occur on a later date than the first conviction, the ter…
• Clark v. Coats & Clark, Inc., 990 F.2d 1217 (11th Cir. 1993)
  …36 L.Ed.2d 668 (1973), and restated in Texas Department of Community Affairs v. Burdine, 450 U.S. 248, 253-54, 101 S.Ct. 1089, 1093-94, 67 L.Ed.2d 207 (1981). Gavalik v. Continental Can Co., 812 F. 2d 834, 851-53 (3d Cir.) (en banc), cert. denied, 484 U.S. 979, 108 S.Ct. 495, 98 L.Ed.2d 492 (1987). 1. Direct Evidence Evidence is direct when it is sufficient to prove discrimination without inference or presumption. Carter v. City of Miami, 870 F. 2d 578, 581-82 (11th Cir.1989). Only the most blatant rem…