· 3/18/1996
United States v. E. Hernandez, United States of America v. Sylvester Britt
Citations
- 79 F.3d 584
- 1996 U.S. App. LEXIS 4718
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- \nothing on the face of section 994(h) reveals 'categories' to be a term either of critical significance or of opaque ambiguity.\
- \[W]e are unpersuaded that prosecutorial discretion in the application of enhanced statutory penalties is sufficient to create an ambiguity as to what Congress may have intended 'categories' to signify.\
- \[W]e believe that the specific and unequivocal command that career offenders be sentenced 'at or near the maximum term authorized' trumps the more general concern for consistency in overall sentences.\
Source: CourtListener parenthetical corpus (CC0).
Judges: Cummings, Bauer, Rovner
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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