ILLINOIS

v.

KIRKPATRICK

Citator

Cited By

• United States v. Brady, 928 F.2d 844 (9th Cir. 1991)
  …accurately reflect the seriousness of the offense”).2 We have properly cautioned that absent some good reason to do so, we should resist the creation of intercircuit conflicts. United States v. Larm, 824 F. 2d 780, 784 (9th Cir.1987), cert. denied, 484 U.S. 1078, 108 S.Ct. 1057, 98 L.Ed.2d 1019 (1988). I see no justification for its creation here— especially in a Sentencing Guidelines case where national uniformity is an apparent goal. See Department of Health & Human Services v. FLRA, 894 F. 2d 333, 334 n.…
• Henderson v. DeROBERTIS, 940 F.2d 1055 (7th Cir. 1991)
  …a particular constitutional right has been stated so that reasonably competent officers would agree on its application to a given set of facts, it has not been clearly established. Powers v. Lightner, 820 F. 2d 818, 821 (7th Cir.1987), cert. denied, 484 U.S. 1078, 108 S.Ct. 1057, 98 L.Ed.2d 1019 (1988). In its judgment, the district court said it could not “find the right plaintiffs asserted under the facts of this case to have been clearly established in 1982 to remove defendants’ qualified immunity.” Neve…
• In re Pugh v. Brook, 158 F.3d 530 (11th Cir. 1998)
  …ach when construing provisions of the Bankruptcy Code). 2. The decision most often cited in support of the subject matter jurisdiction view is Martin v. First National Bank of Louisville (In re Butcher), 829 F. 2d 596 (6th Cir.1987), cert. denied, 484 U.S. 1078, 108 S.Ct. 1058, 98 L.Ed.2d 1020 (1988). In Butcher, the bankruptcy trustee, who was appointed on August 17, 1983, commenced a proceeding on Monday, August 19, 1985, to avoid certain preferential transfers under 11 U.S.C. § 547(b). The defendant…