O'MEARA

v.

UNITED STATES; AND KOST V. UNITED STATES

Citator

Cited By (12 total)

• United States v. Mirna Rivera, 994 F.2d 942 (1st Cir. 1993)
  …y, somewhat, our application of Diaz-Villafane in later cases. See United States v. Carr, 932 F. 2d 67, 72 (1st Cir.), cert. denied, — U.S. -, 112 S.Ct. 112, 116 L.Ed.2d 82 (1991); United States v. Pozzy, 902 F. 2d 133, 138 (1st Cir.), cert. denied, 498 U.S. 943, 111 S.Ct. 353, 112 L.Ed.2d 316 (1990). (Through [*951] circulation of a draft opinion, we have obtained approval of all active judges for doing so. See, e.g., Trailer Marine Transport Corp. v. Rivera Vazquez, 977 F. 2d 1, 9 n. 5 (1st Cir.1992)). Ou…

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• United States v. Barnett, 989 F.2d 546 (1st Cir. 1993)
  …he Barnett motion was filed or dismissed. Moreover, in this case we need not consider whether the district court had the inherent power to correct obvious sentencing errors, see United States v. Rico, 902 F. 2d 1065, 1067-68 (2d Cir.), cert. denied, 498 U.S. 943, 111 S.Ct. 352, 112 L.Ed.2d 316 (1990); United States v. Cook, 890 F. 2d 672, 674-75 (4th Cir.1989); see also Carr, 932 F. 2d at 70-71, since there were none. As the sentence imposed on Barnett was in no respect unlawful or unreasonable, the motion…
• United States v. Restrepo, 999 F.2d 640 (2d Cir. 1993)
  …ner to a halfway house if there is no such unit in his home state, and the absence of such a facility has been held to be an impermissible ground for departure from the Guidelines, United States v. Pozzy, 902 F. 2d 133, 140 (1st Cir.), cert. denied, 498 U.S. 943, 111 S.Ct. 353, 112 L.Ed.2d 316 (1990). More importantly, Congress has directed that upon release from prison, a deportable alien is not to be released back into the community, but must instead, pending deportation, be released to the custody of th…