BRANION

v.

GRAMLY, WARDEN

Citator

Cited By (17 total)

• United States v. Beale, 921 F.2d 1412 (11th Cir. 1991)
  …termination of parole eligibility.27 This Court held that Section 4205(b)(1) permitted the district court to postpone the date of parole in excess of ten years. United States v. Berry, 839 F. 2d 1487, 1488 (11th Cir.1988) (per curiam), cert. denied, 488 U.S. 1040, 109 S.Ct. 863, 102 L.Ed.2d 987 (1989). In light of this Court’s holding in Berry, 839 F. 2d at 1488, the district court acted within its authority in setting minimum parole dates in excess of ten years for DOYHARZABAL and GILBERT. M. ROBERTS’ Cons…
• United States v. Garcia, 954 F.2d 12 (1st Cir. 1992)
  …hearing in the sentencing milieu, the court of appeals will review the denial only for abuse of discretion. See United States v. Gerante, 891 F. 2d 364, 367 (1st Cir.1989); United States v. Monaco, 852 F. 2d 1143, 1148 (9th Cir.1988), cert. denied, 488 U.S. 1040, 109 S.Ct. 864, 102 L.Ed.2d 988 (1989). A criminal defendant, after all, is not entitled to an evidentiary hearing upon demand. See, e.g., United States v. Romolo, 937 F. 2d 20, 25 (1st Cir.1991); United States v. Panitz, 907 F. 2d 1267, 1273 (1st C…
• United States v. Costa, 947 F.2d 919 (11th Cir. 1991)
  …which the prisoner shall become eligible for parole, which term may be less than but shall not be more than one-third of the maximum sentence imposed by the court.” This court in United States v. Berry, 839 F. 2d 1487 (11th Cir.1988), cert. denied, 488 U.S. 1040, 109 S.Ct. 863, 102 L.Ed.2d 987 (1989), held that § 4205 allowed a district court to either advance or postpone parole eligibility. Id. at 1488-89. Consequently, this argument is without merit. Nunez appeals the lower court’s failure to find a viol…