ALSTON

v.

GLUCH, WARDEN, ET AL.

Citator

Cited By (14 total)

• United States v. Smith, 944 F.2d 618 (9th Cir. 1991)
  …ution order violates his right to due process under the fifth amendment to the Constitution. We review de novo his claim that the sentence is constitutionally invalid. See United States v. Ahumada-Avalos, 875 F. 2d 681, 684 (9th Cir.), cert. denied, 493 U.S. 837, 110 S.Ct. 118, 107 L.Ed.2d 79 (1989). In analyzing the due process claim, “we consider the private and governmental interests at stake, the risk of an erroneous deprivation of the private interests through existing procedures, and the probable val…
• United States v. Caliph D. Banks, 3 F.3d 399 (11th Cir. 1993)
  …articulable facts and rational inferences therefrom that reasonably justify an intrusion. Terry v. Ohio, 392 U.S. 1, 21, 88 S.Ct. 1868, 1880, 20 L.Ed.2d 889 (1968); United States v. Cooper, 873 F. 2d 269, 274 (11th Cir.) (per curiam), cert. denied, 493 U.S. 837, 110 S.Ct. 118, 107 L.Ed.2d 79 (1989). Based upon reasonable suspicion aroused by two registered, first-class packages in Van Leeuwen, the packages were held by postal officials for twenty-nine hours until a search warrant could be obtained. The p…
• United States v. Kohl, 972 F.2d 294 (9th Cir. 1992)
  …Fitzpatrick, 813 F. 2d 1006, 1011 (9th Cir.1987)). Whether a defendant’s sentence violates the ex post facto clause or the equal protection clause is reviewed de novo. United States v. Ahumada-Avalos, 875 F. 2d 681, 684 (9th Cir.1989), cert. denied, 493 U.S. 837, 110 S.Ct. 118, 107 L.Ed.2d 79 (1989). III. The Ex Post Facto Issue Kohl argues that his sentence violates the ex post facto clause because he was sentenced under the United States Sentencing Guidelines, which were not in effect when he began his…