SIMPSON
v.
NORTH CAROLINA

U.S. | 1988-03-21
No. 87-5713
485 U.S. 963 Supreme Court of the United States (1988) Positive Treatment
Cited by 4 cases

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  • Caterpillar Inc. v. Lewis, 519 U.S. 61 (U.S. 1996)
    …t’s refusal to remand.” Brief for Petitioner 13. We reject this waiver argument, though we recognize that it has attracted some support in Court of Appeals opinions. See, e. g., Able v. Upjohn Co., 829 F. 2d 1330, 1333-1334 (CA4 1987), cert. denied, 485 U. S. 963 (1988). Congress amended § 1446(b) in 1988 to include the one-year limitation in oi’der to “reducfe] the opportunity for removal after substantial progress has been made in state'court.” H. R. Rep. No. 100-889, p. 72 (1988). On appeal, Lewis raise…
  • Jones v. U.S. Bureau OF Prisons, 903 F.2d 1178 (8th Cir. 1990)
    …rmation in prisoner’s presentenee investigation report that had been expressly disregarded by sentencing court does not constitute an abuse of discretion) (citing Perry v. United States Parole Comm’n, 831 F. 2d 811, 812 (8th Cir.1987), cert. denied, 485 U.S. 963, 108 S.Ct. 1230, 99 L.Ed.2d 429 (1988)); Montgomery v. United States Parole Comm’n, 838 F. 2d 299, 301 (8th Cir. 1988) (per curiam) (Commission did not abuse its discretion in setting severity rating); White v. United States Parole Comm’n, 856 F. 2d…
  • Edmundson v. C.A. Turner, 954 F.2d 510 (8th Cir. 1992)
    …ted States Parole Comm’n, 856 F. 2d 59, 60 (8th Cir.1988) (per curiam); Montgomery v. United States Parole Comm’n, 838 F. 2d 299, 301 (8th Cir.1988) (per curiam); Perry v. United States Parole Comm’n, 831 F. 2d 811, 812 (8th Cir.1987), cert. denied, 485 U.S. 963, 108 S.Ct. 1230, 99 L.Ed.2d 429 (1988). We are bound by these decisions until the court en banc holds otherwise, and Jones, a decision of a panel of this court, cannot overrule them. See Wright v. United States Parole Comm’n, 948 F. 2d 433 (8th Ci…

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