United States v. Aris Maria, AKA Luis A. Rivera

How courts have described this case

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

• stating that “the use of different words within the same statutory context strongly suggests that different mean- ings were intended”
• explaining that “where the Sentencing Commission chose the word ‘should’ instead of ‘shall’ or ‘must,’ the Commission meant what it said and said what it meant”
• explaining that the term “should” “creates . . . a ‘strong presumption’” (emphasis added
• contrasting use of \should” in Guidelines with use of \shall” and “must”
• contrasting use of “should” in Guidelines with use of “shall” and “must”
• “The Sentencing Guidelines ... are to be construed as if they were a statute, giving the words used their common meaning, absent a clearly expressed manifestation of contrary intent.”

Source: CourtListener parenthetical corpus (CC0).