BENNY

v.

UNITED STATES

Citator

Cited By

• United States v. Galloway, 976 F.2d 414 (8th Cir. 1992)
  …m. A due process violation does not arise simply because the Guidelines restrict the exercise of judicial discretion. United States v. Nunley, 873 F. 2d 182, 186 (8th Cir.1989); United States v. Brittman, 872 F. 2d 827, 828 (8th Cir.), cert. denied, 493 U.S. 865, 110 S.Ct. 184, 107 L.Ed.2d 140 (1989). The fundamental issue before us is the determination of a sentence for the crime charged, which carries the maximum sentence of ten years. That the guidelines allow relevant conduct, including uncharged condu…
• United States v. Harrington, 947 F.2d 956 (D.C. Cir. 1991)
  …4 (E.D.Ark.1988) (Eisele, C.J., writing for all judges of Eastern District except Judge Reasoner) (holding Guidelines unconstitutional due, in part, to transfer of sentencing discretion to prosecutors), rev’d, 872 F. 2d 827 (8th Cir.), cert. denied, 493 U.S. 865, 110 S.Ct. 184, 107 L.Ed.2d 140 (1989); United States v. Ortega Lopez, 684 F.Supp. 1506, 1513 (C.D.Cal.1988) (en banc) (striking Guidelines as violative of right to individualized sentencing), overruled by United States v. Brady, 895 F. 2d 538 (9th…
• Love v. Butler, 952 F.2d 10 (1st Cir. 1991)
  …L.Ed.2d 119 (1987) (“it is appropriate for the court of appeals to dispose of nonmeritorious petitions without reaching the nonexhaustion issue”); Palmariello v. Superintendent of MCI Norfolk, 873 F. 2d 491, 493 n. 1 (1st Cir.) (same), cert. denied, 493 U.S. 865, 110 S.Ct. 185, 107 L.Ed.2d 140 (1989). Only one of these claims, in fact, is worthy of discussion: that the court improperly relied on excluded testimony in the course of its opinion.4 While he has not identified any specific testimony in this re…