ERWIN
v.
UNITED STATES

U.S. | 1990-10-01
No. 90-5048
498 U.S. 859 Supreme Court of the United States (1990) Positive Treatment
Cited by 6 cases

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  • James v. United States, 19 F.3d 1 (11th Cir. 1994)
    …r.1990) (holding that the whole of a state’s law should be considered in determining whether a felon’s civil rights have been restored within the meaning of § 921(a)(20)); see also United States v. Erwin, 902 F. 2d 510, 512 (7th Cir.), cert. denied, 498 U.S. 859, 111 S.Ct. 161, 112 L.Ed.2d. 127 (1990) (same); United States v. Cassidy, 899 F. 2d 543, 546 (6th Cir.1990) (same). All of these decisions turn on notice of the restriction, not the language of the restriction. Consequently, James was properly con…
  • United States v. Thomas, 991 F.2d 206 (5th Cir. 1993)
    …, — U.S.-, 112 S.Ct. 323, 116 L.Ed.2d 264 (1991). . Essick, 935 F. 2d at 30 (citing and discussing N.C. GerStat. §§ 13-1, 13-2 (1986)). . Id. (emphasis omitted). . Etheridge, 932 F. 2d at 322-23. . 902 F. 2d 510, 512-13 (7th Cir.), cert. denied, 498 U.S. 859, 111 S.Ct. 161, 112 L.Ed.2d 127 (1990). . Cassidy, 899 F. 2d at 544. . Id. at 545 n. 5. . This is discussed more below. See infra notes 24-25 and accompanying text. . Cassidy, 899 F. 2d at 550. As was pointed out in Erwin, 902 F. 2d at 512-13, t…
  • United States v. Youngpeter, 986 F.2d 349 (10th Cir. 1993)
    …t as cruel and unusual punishment." United States v. Hughes, 901 F. 2d 830, 832 (10th Cir.) (citing United States v. Gourley, 835 F. 2d 249, 252-53 (10th Cir. 1987), cert. denied, 486 U.S. 1010, 108 S.Ct. 1741, 100 L.Ed.2d 204 (1988)), cert. denied, 498 U.S. 859, 111 S.Ct. 163, 112 L.Ed.2d 128 (1990). Mr. Youngpeter's sentence was not only within the statutory limits, it was also within the appropriate range as established by proper application of the Sentencing Guidelines. Clearly, Mr. Youngpeter's sentenc…

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