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· 1/10/1938

Consulich Societa Triestina Di Navigazione v. Elting

Citations

  • 94 F.2d 74
  • 1938 U.S. App. LEXIS 4365
  • 1938 A.M.C. 641

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining that a sentence within the limits set by a valid statute may not be overturned as cruel and unusual on appeal
  • concluding only punishments grossly disproportionate to the crime are forbidden by the Eighth Amendment
  • affirming sentence of 1,141 months for conviction of five counts of Hobbs Act robbery and five counts of § 924(c) as it was not grossly disproportionate to defendant’s crimes in contravention of the Eighth Amendment
  • “urg[ing] Congress to reconsider its scheme of manda- tory consecutive minimum sentences”
  • \Our court follows the narrow proportionality rule established by Justice Kennedy's concurrence in Harmelin . . . .\
  • “We feel a just system of punishment demands that some level of discretion be vested in sentencing judges to consider mitigating circumstances.”

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.